Link to Page 1448

 

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ê2007 Statutes of Nevada, Page 1449 (Chapter 327, AB 193)ê

 

      5.  The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous drugs in the fund.

      6.  In counties which receive forensic services under a contract with the State, any money in the fund for forensic services must be paid monthly by the county treasurer to the State Treasurer for deposit in the State General Fund, after retaining 2 percent of the money to cover his administrative expenses.

      7.  In counties which do not receive forensic services under a contract with the State, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:

      (a) To pay for the analyses of dangerous drugs performed in connection with criminal investigations within the county;

      (b) To purchase and maintain equipment to conduct these analyses; and

      (c) For the training and continuing education of the employees who conduct these analyses.

Ê Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.

      Sec. 68.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been cancelled, revoked or suspended is guilty of a misdemeanor.

      2.  Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of:

      (a) A violation of NRS 484.379, 484.3795 or 484.384;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

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

Ê the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months or by serving a term of residential confinement for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty , guilty but mentally ill or [of] nolo contendere to a lesser charge or for any other reason, unless in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.

      3.  A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted.

 


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ê2007 Statutes of Nevada, Page 1450 (Chapter 327, AB 193)ê

 

the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

      5.  If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while his license was:

      (a) Suspended, the Department shall extend the period of the suspension for an additional like period.

      (b) Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted, the Department shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (d) Suspended or cancelled for an indefinite period, the Department shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.

      6.  Suspensions and revocations imposed pursuant to this section must run consecutively.

      Sec. 69.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  Unless a greater penalty is provided pursuant to NRS 484.3795 or 484.37955, and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

             (1) Except as otherwise provided in subparagraph (4) or subsection 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;

             (3) Fine him not less than $400 nor more than $1,000; and

             (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:

             (1) Sentence him to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

 


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ê2007 Statutes of Nevada, Page 1451 (Chapter 327, AB 193)ê

 

             (2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) For a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  Unless a greater penalty is provided in NRS 484.37955, a person who has previously been convicted of:

      (a) A violation of NRS 484.379 that is punishable as a felony pursuant to paragraph (c) of subsection 1;

      (b) A violation of NRS 484.3795;

      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

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

Ê and who violates the provisions of NRS 484.379 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      3.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      4.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum.

 


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ê2007 Statutes of Nevada, Page 1452 (Chapter 327, AB 193)ê

 

484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      5.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      6.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

      7.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

      8.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      9.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.

      10.  As used in this section, unless the context otherwise requires:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      (b) “Offense” means:

             (1) A violation of NRS 484.379 or 484.3795;

             (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

 


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ê2007 Statutes of Nevada, Page 1453 (Chapter 327, AB 193)ê

 

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 70.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Unless a greater penalty is provided pursuant to NRS 484.37955, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 71.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Unless a greater penalty is provided pursuant to NRS 484.37955, a person who:

 


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ê2007 Statutes of Nevada, Page 1454 (Chapter 327, AB 193)ê

 

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 72.  NRS 484.37955 is hereby amended to read as follows:

      484.37955  1.  A person commits vehicular homicide if he:

      (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.08 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;

 


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ê2007 Statutes of Nevada, Page 1455 (Chapter 327, AB 193)ê

 

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379;

      (b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways of this State; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits vehicular homicide is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 484.379 or 484.3795;

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

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

      Sec. 73.  NRS 484.37955 is hereby amended to read as follows:

      484.37955  1.  A person commits vehicular homicide if he:

      (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

 


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ê2007 Statutes of Nevada, Page 1456 (Chapter 327, AB 193)ê

 

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.10 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379;

      (b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways of this State; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits vehicular homicide is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 484.379 or 484.3795;

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

 


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ê2007 Statutes of Nevada, Page 1457 (Chapter 327, AB 193)ê

 

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

      Sec. 74.  NRS 484.3797 is hereby amended to read as follows:

      484.3797  1.  The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:

      (a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or a law of any other jurisdiction that prohibits the same or similar conduct; and

      (b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.

Ê The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.

      2.  Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to , or is found guilty or guilty but mentally ill of , any violation of NRS 484.379, 484.3795 or 484.37955, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:

      (a) Attend, at the defendant’s expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and

      (b) Pay the fee, if any, established by the court pursuant to subsection 1.

Ê The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.

      3.  A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.

      Sec. 75.  NRS 484.3798 is hereby amended to read as follows:

      484.3798  1.  If a defendant pleads guilty or guilty but mentally ill to , or is found guilty or guilty but mentally ill of , any violation of NRS 484.379, 484.3795 or 484.37955 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

 


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ê2007 Statutes of Nevada, Page 1458 (Chapter 327, AB 193)ê

 

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      3.  The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.

      4.  Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

      5.  In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:

      (a) Except as otherwise provided in paragraph (b), must be:

             (1) Expended to pay for the chemical analyses performed within the county;

             (2) Expended to purchase and maintain equipment to conduct such analyses;

             (3) Expended for the training and continuing education of the employees who conduct such analyses; and

             (4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.

      (b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by [,] or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484.388.

      Sec. 76.  NRS 484.3945 is hereby amended to read as follows:

      484.3945  1.  A person required to install a device pursuant to NRS 484.3943 shall not operate a motor vehicle without a device or tamper with the device.

      2.  A person who violates any provision of subsection 1:

      (a) Must have his driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and

      (b) Shall be:

             (1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

             (2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

Ê No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty , guilty but mentally ill or [of] nolo contendere to a lesser charge or for any other reason unless, in his judgment, the charge is not supported by probable cause or cannot be proved at trial.

      Sec. 77.  NRS 484.777 is hereby amended to read as follows:

      484.777  1.  The provisions of this chapter are applicable and uniform throughout this State on all highways to which the public has a right of access or to which persons have access as invitees or licensees.

 


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      2.  Unless otherwise provided by specific statute, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of this chapter if the provisions of the ordinance are not in conflict with this chapter. It may also enact by ordinance regulations requiring the registration and licensing of bicycles.

      3.  A local authority shall not enact an ordinance:

      (a) Governing the registration of vehicles and the licensing of drivers;

      (b) Governing the duties and obligations of persons involved in traffic accidents, other than the duties to stop, render aid and provide necessary information; or

      (c) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.

      4.  No person convicted or adjudged guilty or guilty but mentally ill of a violation of a traffic ordinance may be charged or tried in any other court in this State for the same offense.

      Sec. 78.  NRS 487.650 is hereby amended to read as follows:

      487.650  1.  The Department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      (a) Failure of the applicant or licensee to have or maintain an established place of business in this State.

      (b) Conviction of the applicant or licensee or an employee of the applicant or licensee of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (c) Any material misstatement in the application for the license.

      (d) Willful failure of the applicant or licensee to comply with the motor vehicle laws of this State and NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.

      (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      (g) A finding of [guilt] guilty or guilty but mentally ill by a court of competent jurisdiction in a case involving a fraudulent inspection, purchase, sale or transfer of a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (h) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or licensee or an employee of the applicant or licensee.

      (i) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

 


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employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      Sec. 79.  NRS 488.420 is hereby amended to read as follows:

      488.420  1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 80.  NRS 488.420 is hereby amended to read as follows:

      488.420  1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who:

 


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ê2007 Statutes of Nevada, Page 1461 (Chapter 327, AB 193)ê

 

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 81.  NRS 488.425 is hereby amended to read as follows:

      488.425  1.  A person commits homicide by vessel if he:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.08 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his blood or breath;

 


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ê2007 Statutes of Nevada, Page 1462 (Chapter 327, AB 193)ê

 

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410;

      (b) Proximately causes the death of a person other than himself while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

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

      Sec. 82.  NRS 488.425 is hereby amended to read as follows:

      488.425  1.  A person commits homicide by vessel if he:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

 


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ê2007 Statutes of Nevada, Page 1463 (Chapter 327, AB 193)ê

 

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.10 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.420;

      (b) Proximately causes the death of a person other than himself while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

 


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ê2007 Statutes of Nevada, Page 1464 (Chapter 327, AB 193)ê

 

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

      Sec. 83.  NRS 488.427 is hereby amended to read as follows:

      488.427  1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who violates the provisions of NRS 488.410 and who has previously been convicted of a violation of NRS 488.420 or 488.425 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct as set forth in NRS 488.420 or 488.425 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  The facts concerning a prior violation of NRS 488.420 or 488.425 must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing.

      3.  A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 488.410 against a person previously convicted of violating NRS 488.420 or 488.425 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 84.  NRS 488.440 is hereby amended to read as follows:

      488.440  1.  If a defendant pleads guilty or guilty but mentally ill to , or is found guilty or guilty but mentally ill of, a violation of NRS 488.410, 488.420 or 488.425 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      3.  The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.

      4.  Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

 


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ê2007 Statutes of Nevada, Page 1465 (Chapter 327, AB 193)ê

 

      5.  In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:

      (a) Except as otherwise provided in paragraph (b), must be:

             (1) Expended to pay for the chemical analyses performed within the county;

             (2) Expended to purchase and maintain equipment to conduct such analyses;

             (3) Expended for the training and continuing education of the employees who conduct such analyses; and

             (4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.

      (b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484.388.

      Sec. 85.  NRS 489.421 is hereby amended to read as follows:

      489.421  The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:

      1.  Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.

      2.  Failure of the licensee to maintain any other license required by any political subdivision of this State.

      3.  Failure to respond to a notice served by the Division as provided by law within the time specified in the notice.

      4.  Failure to take the corrective action required in a notice of violation issued pursuant to NRS 489.291.

      5.  Failure or refusing to permit access by the Administrator to documentary materials set forth in NRS 489.231.

      6.  Disregarding or violating any order of the Administrator, any agreement with the Division, or any provision of this chapter or any regulation adopted under it.

      7.  Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      8.  Conviction of or entering a plea of guilty , guilty but mentally ill or nolo contendere to:

      (a) A felony relating to the position for which the applicant has applied or the licensee has been licensed pursuant to this chapter; or

      (b) A crime of moral turpitude in this State or any other state, territory or country.

      9.  Any other conduct that constitutes deceitful, fraudulent or dishonest dealing.

      Sec. 86.  NRS 597.1143 is hereby amended to read as follows:

      597.1143  1.  A supplier shall not terminate, fail to renew or substantially change the terms of a dealer agreement without good cause.

      2.  Except as otherwise provided in this section, a supplier may terminate or refuse to renew a dealer agreement for good cause if the supplier provides to the dealer a written notice setting forth the reasons for the termination or nonrenewal of the dealer agreement at least 180 days before the termination or nonrenewal of the dealer agreement.

      3.  A supplier shall include in the written notice required by subsection 2 an explanation of the deficiencies of the dealer and the manner in which those deficiencies must be corrected. If the dealer corrects the deficiencies set forth in the notice within 60 days after he receives the notice, the supplier shall not terminate or fail to renew the dealer agreement for the reasons set forth in the notice.

 


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ê2007 Statutes of Nevada, Page 1466 (Chapter 327, AB 193)ê

 

set forth in the notice within 60 days after he receives the notice, the supplier shall not terminate or fail to renew the dealer agreement for the reasons set forth in the notice.

      4.  A supplier shall not terminate or refuse to renew a dealer agreement based solely on the failure of the dealer to comply with the requirements of the dealer agreement concerning the share of the market the dealer was required to obtain unless the supplier has, for not less than 1 year, provided assistance to the dealer in the dealer’s effort to obtain the required share of the market.

      5.  A supplier is not required to comply with the provisions of subsections 2 and 3 if the supplier terminates or refuses to renew a dealer agreement for any reason set forth in paragraphs (b) to (i), inclusive, of subsection 6.

      6.  As used in this section, “good cause” means:

      (a) A dealer fails to comply with the terms of a dealer agreement, if the terms are not substantially different from the terms required for other dealers in this State or any other state;

      (b) A closeout or sale of a substantial part of the business assets of a dealer or a commencement of the dissolution or liquidation of the business assets of the dealer;

      (c) A dealer changes its principal place of business or adds other places of business without the prior approval of the supplier, which may not be unreasonably withheld;

      (d) A dealer substantially defaults under a chattel mortgage or other security agreement between the dealer and the supplier;

      (e) A guarantee of a present or future obligation of a dealer to the supplier is revoked or discontinued;

      (f) A dealer fails to operate in the normal course of business for at least 7 consecutive days;

      (g) A dealer abandons the dealership;

      (h) A dealer pleads guilty or guilty but mentally ill to , or is convicted of , a felony affecting the business relationship between the dealer and supplier; or

      (i) A dealer transfers a financial interest in the dealership, a person who has a substantial financial interest in the ownership or control of the dealership dies or withdraws from the dealership, or the financial interest of a partner or major shareholder in the dealership is substantially reduced.

Ê For the purposes of this section, good cause does not exist if the supplier consents to any action described in this section.

      Sec. 87.  NRS 597.155 is hereby amended to read as follows:

      597.155  1.  Except as otherwise provided in subsection 2, a supplier must, at least 90 days before he terminates or refuses to continue any franchise with a wholesaler or causes a wholesaler to resign from any franchise, send a notice by certified mail, return receipt requested, to the wholesaler. The notice must include:

      (a) The reason for the proposed action and a description of any failure of the wholesaler to comply with the terms, provisions and conditions of the franchise alleged by the supplier pursuant to NRS 597.160; and

      (b) A statement that the wholesaler may correct any such failure within the period prescribed in NRS 597.160.

 


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      2.  Any action taken by a supplier pursuant to subsection 1 becomes effective on the date the wholesaler receives the notice required pursuant to subsection 1 if the wholesaler:

      (a) Has had his license to sell alcoholic beverages issued pursuant to state or federal law revoked or suspended for more than 31 days;

      (b) Is insolvent pursuant to 11 U.S.C. § 101;

      (c) Has had an order for relief entered against him pursuant to 11 U.S.C. §§ 701 et seq.;

      (d) Has had his ability to conduct business substantially affected by a liquidation or dissolution;

      (e) Or any other person who has a financial interest in the wholesaler of not less than 10 percent and is active in the management of the wholesaler has been convicted of , or has pleaded guilty or guilty but mentally ill to , a felony and the supplier determines that the conviction or plea substantially and adversely affects the ability of the wholesaler to sell the products of the supplier;

      (f) Has committed fraud or has made a material misrepresentation in his dealings with the supplier or the products of the supplier;

      (g) Has sold alcoholic beverages which the wholesaler received from the supplier to:

             (1) A retailer who the wholesaler knows or should know does not have a place of business where the retailer is entitled to sell alcoholic beverages within the marketing area of the wholesaler; or

             (2) Any person who the wholesaler knows or should know sells or supplies alcoholic beverages to any retailer who does not have a place of business where the retailer is entitled to sell alcoholic beverages within the marketing area of the wholesaler;

      (h) Has failed to pay for any product ordered and delivered pursuant to the provisions of an agreement between the supplier and wholesaler within 7 business days after the supplier sends to the wholesaler a written notice which includes a statement that he has failed to pay for the product and a demand for immediate payment;

      (i) Has made an assignment for the benefit of creditors or a similar disposition of substantially all the assets of his franchise;

      (j) Or any other person who has a financial interest in the wholesaler has:

             (1) Transferred or attempted to transfer the assets of the franchise, voting stock of the wholesaler or voting stock of any parent corporation of the wholesaler; or

             (2) Changed or attempted to change the beneficial ownership or control of any such entity,

Ê unless the wholesaler first notified the supplier in writing and the supplier has not unreasonably withheld his approval; or

      (k) Discontinues selling the products of the supplier, unless:

             (1) The discontinuance is a result of an accident which the wholesaler was unable to prevent;

             (2) The wholesaler has, if applicable, taken action to correct the condition which caused the accident; and

             (3) The wholesaler has notified the supplier of the accident if he has discontinued selling the products of the supplier for more than 10 days.

      Sec. 88.  NRS 597.818 is hereby amended to read as follows:

      597.818  1.  A person who violates any provision of NRS 597.814 is guilty of a misdemeanor.

 


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      2.  If a person is found guilty or guilty but mentally ill of, or has pleaded guilty , guilty but mentally ill or nolo contendere to, violating any provision of NRS 597.814, his telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.

      Sec. 89.  NRS 616A.250 is hereby amended to read as follows:

      616A.250  “Incarcerated” means confined in:

      1.  Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty , guilty but mentally ill or nolo contendere in a criminal proceeding; or

      2.  Any institution or facility for the mentally ill as a result of a plea of not guilty by reason of insanity in a criminal proceeding,

Ê in this State, another state or a foreign country.

      Sec. 90.  NRS 623.270 is hereby amended to read as follows:

      623.270  1.  The Board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, publicly reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions for any of the following acts:

      (a) The certificate was obtained by fraud or concealment of a material fact.

      (b) The holder of the certificate has been found guilty by the Board or found guilty or guilty but mentally ill by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      (c) The holder of the certificate has been found guilty by the Board of incompetency, negligence or gross negligence in:

             (1) The practice of architecture or residential design; or

             (2) His practice as a registered interior designer.

      (d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his responsible control, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

      (e) The holder of a certificate has aided or abetted any unauthorized person to practice:

             (1) Architecture or residential design; or

             (2) As a registered interior designer.

      (f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer.

      (g) The holder of a certificate has failed to comply with an order issued by the Board or has failed to cooperate with an investigation conducted by the Board.

      2.  The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:

      (a) Restriction on the scope of professional practice.

      (b) Peer review.

      (c) Required education or counseling.

 


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      (d) Payment of restitution to each person who suffered harm or loss.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The Board shall not privately reprimand the holder of any certificate of registration issued pursuant to this chapter.

      5.  As used in this section:

      (a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct which, in:

             (1) The practice of architecture or residential design; or

             (2) Practice as a registered interior designer,

Ê demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:

             (1) The profession of architecture or residential design; or

             (2) Practice as a registered interior designer.

      Sec. 91.  NRS 624.165 is hereby amended to read as follows:

      624.165  1.  The Board shall:

      (a) Designate one or more of its employees for the investigation of constructional fraud;

      (b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the Attorney General;

      (c) Assist the Attorney General or any official of an investigative or a law enforcement agency of this State, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

      (d) Furnish to those officials any information concerning its investigation or report on any act of constructional fraud.

      2.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty and guilty but mentally ill pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

Ê for the investigation of constructional fraud.

      3.  For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

      (a) Misapplies money under the circumstances described in NRS 205.310;

      (b) Obtains money, property or labor by false pretense as described in NRS 205.380;

      (c) Receives payments and fails to state his own true name, or states a false name, contractor’s license number, address or telephone number of the person offering a service;

 


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      (d) Diverts money or commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this State;

      (e) Acts as a contractor without:

             (1) Possessing a contractor’s license issued pursuant to this chapter; or

             (2) Possessing any other license required by this State or a political subdivision of this State;

      (f) In any report relating to a contract for a public work, submits false information concerning a payroll to a public officer or agency; or

      (g) Otherwise fails to disclose a material fact.

      Sec. 92.  NRS 624.265 is hereby amended to read as follows:

      624.265  1.  An applicant for a contractor’s license or a licensed contractor and each officer, director, partner and associate thereof must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof, has:

      (a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;

      (b) A bad reputation for honesty and integrity;

      (c) Entered a plea of guilty, guilty but mentally ill or nolo contendere [or guilty] to, been found guilty or guilty but mentally ill of , or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

      (d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

      2.  Upon the request of the Board, an applicant for a contractor’s license, and any officer, director, partner or associate of the applicant, must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of his fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicant’s fingerprints may be taken by an agent of the Board or an agency of law enforcement.

      3.  The Board shall keep the results of the investigation confidential and not subject to inspection by the general public.

      4.  The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      5.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty and guilty but mentally ill pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

 


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      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

Ê for the investigation of a licensee or an applicant for a contractor’s license.

      Sec. 93.  NRS 632.320 is hereby amended to read as follows:

      632.320  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that he:

      1.  Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      2.  Is guilty of any offense:

      (a) Involving moral turpitude; or

      (b) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      3.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      5.  Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his license or certificate.

      6.  Is mentally incompetent.

      7.  Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

      (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

      (b) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

      (c) Impersonating another licensed practitioner or holder of a certificate.

      (d) Permitting or allowing another person to use his license or certificate to practice as a licensed practical nurse, registered nurse or nursing assistant.

      (e) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.

      (f) Physical, verbal or psychological abuse of a patient.

      (g) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      8.  Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      9.  Is guilty of aiding or abetting any person in a violation of this chapter.

      10.  Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      11.  Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

 


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      12.  Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

      13.  Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      14.  Has willfully failed to comply with a regulation, subpoena or order of the Board.

Ê For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      Sec. 94.  NRS 639.006 is hereby amended to read as follows:

      639.006  “Conviction” means a plea or verdict of guilty or guilty but mentally ill or a conviction following a plea of nolo contendere to a charge of a felony, any offense involving moral turpitude or any violation of the provisions of this chapter or chapter 453 or 454 of NRS.

      Sec. 95.  NRS 639.500 is hereby amended to read as follows:

      639.500  1.  In addition to the requirements for an application set forth in NRS 639.100, each applicant for a license to engage in wholesale distribution shall submit with his application a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. If the applicant is a:

      (a) Natural person, that person must submit his fingerprints.

      (b) Partnership, each partner must submit his fingerprints.

      (c) Corporation, each officer and director of the corporation must submit his fingerprints.

      (d) Sole proprietorship, that sole proprietor must submit his fingerprints.

      2.  In addition to the requirements of subsection 1, the applicant shall submit with his application a list containing each employee, agent, independent contractor, consultant, guardian, personal representative, lender or holder of indebtedness of the applicant. The Board may require any person on the applicant’s list to submit a complete set of his fingerprints to the Board if the Board determines that the person has the power to exercise significant influence over the operation of the applicant as a licensed wholesaler. The fingerprints must be submitted with written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The provisions of this subsection do not apply to a:

      (a) Lender or holder of indebtedness of an applicant who is a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or the Federal Government.

      (b) Common motor carrier or other delivery service that delivers a drug at the direction of a manufacturer.

 


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ê2007 Statutes of Nevada, Page 1473 (Chapter 327, AB 193)ê

 

      3.  The Board may issue a provisional license to an applicant pending receipt of the reports from the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified.

      4.  An applicant who is issued a license by the Board shall not allow a person who is required to submit his fingerprints pursuant to subsection 2 to act in any capacity in which he exercises significant influence over the operation of the wholesaler if the:

      (a) Person does not submit a complete set of his fingerprints in accordance with subsection 2; or

      (b) Report of the criminal history of the person indicates that he has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, a felony or offense involving moral turpitude or related to the qualifications, functions or duties of that person in connection with the operation of the wholesaler.

      5.  The Board shall not issue a license to an applicant if the requirements of this section are not satisfied.

      Sec. 96.  NRS 639.505 is hereby amended to read as follows:

      639.505  1.  On an annual basis, each licensed wholesaler shall submit to the Board an updated list of each employee, agent, independent contractor, consultant, guardian, personal representative, lender or holder of indebtedness of the wholesaler who is employed by or otherwise contracts with the wholesaler for the provision of services in connection with the operation of the licensee as a wholesaler. Any changes to the list must be submitted to the Board not later than 30 days after the change is made.

      2.  If a person identified on an updated list of the wholesaler is employed by or otherwise contracts with the wholesaler after the wholesaler is issued a license and that person did not submit his fingerprints pursuant to NRS 639.500, the Board may require that person to submit a complete set of his fingerprints to the Board if the Board determines that the person has the power to exercise significant influence over the operation of the licensee as a wholesaler. The fingerprints must be submitted within 30 days after being requested to do so by the Board and must include written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The provisions of this subsection do not apply to a:

      (a) Lender or holder of indebtedness of a wholesaler who is a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or the Federal Government.

      (b) Common motor carrier or other delivery service that delivers a drug at the direction of a manufacturer.

      3.  A wholesaler shall not allow a person who is required to submit his fingerprints pursuant to subsection 2 to act in any capacity in which he exercises significant influence over the operation of the wholesaler if the:

      (a) Person does not submit a complete set of his fingerprints in accordance with subsection 2; or

      (b) Report of the criminal history of the person indicates that he has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, a felony or offense involving moral turpitude or related to qualifications, functions or duties of that person in connection with the operation of the wholesaler.

 


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ê2007 Statutes of Nevada, Page 1474 (Chapter 327, AB 193)ê

 

qualifications, functions or duties of that person in connection with the operation of the wholesaler.

      Sec. 97.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  Except as otherwise provided by a specific statute, the Division may approve an application for a license for a person who meets all the following requirements:

      (a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the Division.

      (b) Has not made a false statement of material fact on his application.

      (c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (d) Has passed the examination.

      (e) Has submitted all information required to complete the application.

      2.  The Division:

      (a) May deny a license to any person who has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and

      (b) Shall not issue a license to such a person until at least 3 years after:

             (1) The person pays any fine or restitution ordered by the court; or

             (2) The expiration of the period of the person’s parole, probation or sentence,

Ê whichever is later.

      3.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country before the date of the application is grounds for refusal to grant a license.

      4.  Except as otherwise provided in NRS 645.332, a person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this State, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a broker’s license.

      Sec. 98.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  An application for a license as a real estate broker, broker-salesman or salesman must be submitted in writing to the Division upon blanks prepared or furnished by the Division.

      2.  Every application for a real estate broker’s, broker-salesman’s or salesman’s license must set forth the following information:

      (a) The name, age and address of the applicant. If the applicant is a partnership or an association which is applying to do business as a real estate broker, the application must contain the name and address of each member thereof. If the application is for a corporation which is applying to do business as a real estate salesman, real estate broker-salesman or real estate broker, the application must contain the name and address of each officer and director thereof. If the applicant is a limited-liability company which is applying to do business as a real estate broker, the company’s articles of organization must designate a manager, and the name and address of the manager and each member must be listed in the application.

 


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ê2007 Statutes of Nevada, Page 1475 (Chapter 327, AB 193)ê

 

organization must designate a manager, and the name and address of the manager and each member must be listed in the application.

      (b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicant’s company, firm, partnership or association. Except as otherwise provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the State. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      (c) In the case of a broker, the place or places, including the street number, city and county, where the business is to be conducted.

      (d) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.

      (e) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman.

      (f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty , guilty but mentally ill or nolo contendere to a charge of felony and, if so, the nature of the felony.

      (g) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.

      (h) Whether the applicant has been refused a real estate broker’s, broker-salesman’s or salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.

      (i) If the applicant is a member of a limited-liability company, partnership or association, or an officer of a corporation, the name and address of the office of the limited-liability company, partnership, association or corporation of which the applicant is a member or officer.

      (j) All information required to complete the application.

      3.  An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicant’s activities as a licensee.

      4.  If a limited-liability company, partnership or association is to do business as a real estate broker, the application for a broker’s license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.

      Sec. 99.  NRS 645.633 is hereby amended to read as follows:

      645.633  1.  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of any of the following acts:

      (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

 


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      (b) Violating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted pursuant thereto.

      (c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

      (d) A conviction of, or the entry of a plea of guilty , guilty but mentally ill or nolo contendere to:

             (1) A felony relating to the practice of the licensee, property manager or owner-developer; or

             (2) Any crime involving fraud, deceit, misrepresentation or moral turpitude.

      (e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      (f) Failure to include a fixed date of expiration in any written brokerage agreement or failure to leave a copy of such a brokerage agreement or any property management agreement with the client.

      (g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.

      (h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

      (i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

      (j) Any conduct which took place before he became licensed which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.

      (k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

      (l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.

      2.  The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.

      3.  The Commission may take action pursuant to NRS 645.630 against any person who:

      (a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and

      (b) In connection with any property for which the person has obtained a property management agreement pursuant to NRS 645.6056:

             (1) Is convicted of violating any of the provisions of NRS 202.470;

             (2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or

             (3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the property management agreement.

 


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failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the property management agreement.

      4.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.

      5.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and

      (b) Any disciplinary actions taken by the Commission pursuant to subsection 3.

      Sec. 100.  NRS 645C.290 is hereby amended to read as follows:

      645C.290  An application for a certificate or license must be in writing upon a form prepared and furnished by the Division. The application must include the following information:

      1.  The name, age and address of the applicant.

      2.  The place or places, including the street number, city and county, where the applicant intends to conduct business as an appraiser.

      3.  The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.

      4.  The periods during which, and the locations where, he gained his experience as an intern.

      5.  Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty , guilty but mentally ill or nolo contendere to:

      (a) A felony and, if so, the nature of the felony.

      (b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      6.  Whether the applicant has ever been refused a certificate, license or permit to act as an appraiser, or has ever had such a certificate, license or permit suspended or revoked, in any other jurisdiction.

      7.  If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.

      8.  Any other information the Division requires.

      Sec. 101.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  1.  The Administrator shall issue a certificate or license, as appropriate, to any person:

      (a) Of good moral character, honesty and integrity;

      (b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330 or any regulation adopted pursuant to that section;

      (c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission; and

      (d) Who submits all information required to complete an application for a certificate or license.

      2.  The Administrator may deny an application for a certificate or license to any person who:

 


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ê2007 Statutes of Nevada, Page 1478 (Chapter 327, AB 193)ê

 

      (a) Has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application; or

      (c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

      Sec. 102.  NRS 645D.170 is hereby amended to read as follows:

      645D.170  An application for a certificate must be in writing upon a form prepared and furnished by the Division. The application must include the following information:

      1.  The name, age and address of the applicant.

      2.  The place or places, including the street number, city and county, at which the applicant intends to maintain an office to conduct business as an inspector.

      3.  The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.

      4.  The applicant’s education and experience to qualify for a certificate.

      5.  Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty , guilty but mentally ill or nolo contendere to:

      (a) A felony [,] and , if so, the nature of the felony.

      (b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      6.  If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.

      7.  Any other information relating to the qualifications or background of the applicant that the Division requires.

      8.  All other information required to complete the application.

      Sec. 103.  NRS 645D.200 is hereby amended to read as follows:

      645D.200  1.  The Administrator shall issue a certificate to any person who:

      (a) Is of good moral character, honesty and integrity;

      (b) Has the education and experience prescribed in the regulations adopted pursuant to NRS 645D.120;

      (c) Has submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190; and

      (d) Has submitted all information required to complete an application for a certificate.

      2.  The Administrator may deny an application for a certificate to any person who:

      (a) Has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application;

 


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ê2007 Statutes of Nevada, Page 1479 (Chapter 327, AB 193)ê

 

      (c) Has had a certificate suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of his application; or

      (d) Has not submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190.

      Sec. 104.  NRS 683A.0892 is hereby amended to read as follows:

      683A.0892  1.  The Commissioner:

      (a) Shall suspend or revoke the certificate of registration of an administrator if the Commissioner has determined, after notice and a hearing, that the administrator:

             (1) Is in an unsound financial condition;

             (2) Uses methods or practices in the conduct of his business that are hazardous or injurious to insured persons or members of the general public; or

             (3) Has failed to pay any judgment against him in this State within 60 days after the judgment became final.

      (b) May suspend or revoke the certificate of registration of an administrator if the Commissioner determines, after notice and a hearing, that the administrator:

             (1) Has willfully violated or failed to comply with any provision of this Code, any regulation adopted pursuant to this Code or any order of the Commissioner;

             (2) Has refused to be examined by the Commissioner or has refused to produce accounts, records or files for examination upon the request of the Commissioner;

             (3) Has, without just cause, refused to pay claims or perform services pursuant to his contracts or has, without just cause, caused persons to accept less than the amount of money owed to them pursuant to the contracts, or has caused persons to employ an attorney or bring a civil action against him to receive full payment or settlement of claims;

             (4) Is affiliated with, managed by or owned by another administrator or an insurer who transacts insurance in this State without a certificate of authority or certificate of registration;

             (5) Fails to comply with any of the requirements for a certificate of registration;

             (6) Has been convicted of , or has entered a plea of guilty , guilty but mentally ill or nolo contendere to , a felony, whether or not adjudication was withheld;

             (7) Has had his authority to act as an administrator in another state limited, suspended or revoked; or

             (8) Has failed to file an annual report in accordance with NRS 683A.08528.

      (c) May suspend or revoke the certificate of registration of an administrator if the Commissioner determines, after notice and a hearing, that a responsible person:

             (1) Has refused to provide any information relating to the administrator’s affairs or refused to perform any other legal obligation relating to an examination upon request by the Commissioner; or

             (2) Has been convicted of , or has entered a plea of guilty , guilty but mentally ill or nolo contendere to , a felony committed on or after October 1, 2003, whether or not adjudication was withheld.

 


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ê2007 Statutes of Nevada, Page 1480 (Chapter 327, AB 193)ê

 

      (d) May, upon notice to the administrator, suspend the certificate of registration of the administrator pending a hearing if:

             (1) The administrator is impaired or insolvent;

             (2) A proceeding for receivership, conservatorship or rehabilitation has been commenced against the administrator in any state; or

             (3) The financial condition or the business practices of the administrator represent an imminent threat to the public health, safety or welfare of the residents of this State.

      (e) May, in addition to or in lieu of the suspension or revocation of the certificate of registration of the administrator, impose a fine of $2,000 for each act or violation.

      2.  As used in this section, “responsible person” means any person who is responsible for or controls or is authorized to control or advise the affairs of an administrator, including, without limitation:

      (a) A member of the board of directors, board of trustees, executive committee or other governing board or committee of the administrator;

      (b) The president, vice president, chief executive officer, chief operating officer or any other principal officer of an administrator, if the administrator is a corporation;

      (c) A partner or member of the administrator, if the administrator is a partnership, association or limited-liability company; and

      (d) Any shareholder or member of the administrator who directly or indirectly holds 10 percent or more of the voting stock, voting securities or voting interest of the administrator.

      Sec. 105.  NRS 684A.070 is hereby amended to read as follows:

      684A.070  1.  For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any person for whom a license is issued or continued must:

      (a) Be at least 18 years of age;

      (b) Except as otherwise provided in subsection 2, be a resident of this State, and have resided therein for at least 90 days before his application for the license;

      (c) Be competent, trustworthy, financially responsible and of good reputation;

      (d) Never have been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (e) Have had at least 2 years’ recent experience with respect to the handling of loss claims of sufficient character reasonably to enable him to fulfill the responsibilities of an adjuster;

      (f) Pass all examinations required under this chapter; and

      (g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent.

      2.  The Commissioner may waive the residency requirement set forth in paragraph (b) of subsection 1 if the applicant is:

      (a) An adjuster licensed under the laws of another state who has been brought to this State by a firm or corporation with whom he is employed that is licensed as an adjuster in this State to fill a vacancy in the firm or corporation in this State;

 


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ê2007 Statutes of Nevada, Page 1481 (Chapter 327, AB 193)ê

 

      (b) An adjuster licensed in an adjoining state whose principal place of business is located within 50 miles from the boundary of this State; or

      (c) An adjuster who is applying for a limited license pursuant to NRS 684A.155.

      3.  A conviction of, or plea of guilty , guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (d) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend, revoke or limit the license of an adjuster pursuant to NRS 684A.210.

      Sec. 106.  NRS 686A.292 is hereby amended to read as follows:

      686A.292  1.  A court may, in addition to imposing the penalties set forth in NRS 193.130, order a person who is convicted of, or who pleads guilty , guilty but mentally ill or nolo contendere to, insurance fraud to pay:

      (a) Court costs; and

      (b) The cost of the investigation and prosecution of the insurance fraud for which the person was convicted or to which the person pleaded guilty , guilty but mentally ill or nolo contendere.

      2.  Any money received by the Attorney General pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to pay the expenses of the Fraud Control Unit for Insurance established pursuant to NRS 228.412, and is hereby authorized for expenditure for that purpose. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.

      3.  An insurer or other organization, or any other person, subject to the jurisdiction of the Commissioner pursuant to this title shall be deemed to be a victim for the purposes of restitution in a case that involves insurance fraud or that is related to a claim of insurance fraud.

      Sec. 107.  NRS 686A.295 is hereby amended to read as follows:

      686A.295  If a person who is licensed or registered under the laws of the State of Nevada to engage in a business or profession is convicted of , or pleads guilty or guilty but mentally ill to , engaging in an act of insurance fraud, the Commissioner and the Attorney General shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud. An agency that receives information from the Commissioner and Attorney General pursuant to this section shall, not later than 1 year after the date on which it receives the information, submit a report which sets forth the action taken by the agency against the convicted person, including, but not limited to, the revocation or suspension of the license or any other disciplinary action, to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

      Sec. 108.  NRS 688C.210 is hereby amended to read as follows:

      688C.210  After notice, and after a hearing if requested, the Commissioner may suspend, revoke, refuse to issue or refuse to renew a license under this chapter if he finds that:

      1.  There was material misrepresentation in the application for the license;

      2.  The licensee or an officer, partner, member or significant managerial employee has been convicted of fraudulent or dishonest practices, is subject to a final administrative action for disqualification, or is otherwise shown to be untrustworthy or incompetent;

 


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ê2007 Statutes of Nevada, Page 1482 (Chapter 327, AB 193)ê

 

      3.  A provider of viatical settlements has engaged in a pattern of unreasonable payments to viators;

      4.  The applicant or licensee has been found guilty or guilty but mentally ill of, or pleaded guilty , guilty but mentally ill or nolo contendere to, a felony or a misdemeanor involving fraud, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude, whether or not a judgment of conviction has been entered by the court;

      5.  A provider of viatical settlements has entered into a viatical settlement in a form not approved pursuant to NRS 688C.220;

      6.  A provider of viatical settlements has failed to honor obligations of a viatical settlement;

      7.  The licensee no longer meets a requirement for initial licensure;

      8.  A provider of viatical settlements has assigned, transferred or pledged a viaticated policy to a person other than another provider licensed under this chapter, a purchaser of the viatical settlement, a special organization or a trust for a related provider;

      9.  The applicant or licensee has provided materially untrue information to an insurer that issued a policy that is the subject of a viatical settlement;

      10.  The applicant or licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS; or

      11.  The applicant or licensee has violated a provision of this chapter.

      Sec. 109.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant:

      (a) Must file a written application with the Commissioner on forms prescribed by the Commissioner;

      (b) Must have a good business and personal reputation; and

      (c) Must not have been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, social security number and personal background and business, professional or work history.

      (b) Contain such other pertinent information as the Commissioner may require.

      (c) Be accompanied by a complete set of the fingerprints of the applicant and written permission authorizing the Commissioner to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the statement required pursuant to NRS 689.258.

      (f) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty , guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (c) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.265.

 


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ê2007 Statutes of Nevada, Page 1483 (Chapter 327, AB 193)ê

 

      Sec. 110.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant:

      (a) Must file a written application with the Commissioner on forms prescribed by the Commissioner;

      (b) Must have a good business and personal reputation; and

      (c) Must not have been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the Commissioner may require.

      (c) Be accompanied by a complete set of his fingerprints and written permission authorizing the Commissioner to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty, guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (c) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.265.

      Sec. 111.  NRS 689.520 is hereby amended to read as follows:

      689.520  1.  To qualify for an agent’s license, the applicant:

      (a) Must file a written application with the Commissioner on forms prescribed by the Commissioner; and

      (b) Must not have been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, social security number, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the Commissioner may require.

      (c) Be accompanied by a complete set of fingerprints and written permission authorizing the Commissioner to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the statement required pursuant to NRS 689.258.

      (f) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

 


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ê2007 Statutes of Nevada, Page 1484 (Chapter 327, AB 193)ê

 

      3.  A conviction of, or plea of guilty , guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (b) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.535.

      Sec. 112.  NRS 689.520 is hereby amended to read as follows:

      689.520  1.  To qualify for an agent’s license, the applicant:

      (a) Must file a written application with the Commissioner on forms prescribed by the Commissioner; and

      (b) Must not have been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the Commissioner may require.

      (c) Be accompanied by a complete set of fingerprints and written permission authorizing the Commissioner to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty, guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (b) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.535.

      Sec. 113.  NRS 690B.029 is hereby amended to read as follows:

      690B.029  1.  A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this State to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:

      (a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the Department of Motor Vehicles; and

      (b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:

             (1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;

             (2) Maintains a driving record free of violations; and

             (3) Has not been convicted of , or entered a plea of guilty , guilty but mentally ill or nolo contendere to , a moving traffic violation or an offense involving:

                   (I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled substance; or

 


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ê2007 Statutes of Nevada, Page 1485 (Chapter 327, AB 193)ê

 

                   (II) Any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or a law of any other jurisdiction that prohibits the same or similar conduct.

      2.  The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.

      3.  A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.

      4.  The organization that offers a course of traffic safety approved by the Department of Motor Vehicles shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.

      5.  The Commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the Commissioner before delivering or issuing a policy with a provision containing such a reduction.

      Sec. 114.  NRS 692A.105 is hereby amended to read as follows:

      692A.105  1.  The Commissioner may refuse to license any title agent or escrow officer or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if , upon a hearing, it is determined that the applicant or licensee:

      (a) In the case of a title agent, is insolvent or in such a financial condition that he cannot continue in business with safety to his customers;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;

      (c) Has committed fraud in connection with any transaction governed by this chapter;

      (d) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact known to him from, any principal or designated agent of the principal in the course of the escrow business;

      (e) Has intentionally or knowingly made or caused to be made to the Commissioner any false representation of a material fact or has suppressed or withheld from him any information which the applicant or licensee possesses;

      (f) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;

      (g) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;

      (h) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter;

 


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ê2007 Statutes of Nevada, Page 1486 (Chapter 327, AB 193)ê

 

      (i) Has been convicted of a felony relating to the practice of title agents or any misdemeanor of which an essential element is fraud;

      (j) In the case of a title agent, has failed to maintain complete and accurate records of all transactions within the last 7 years;

      (k) Has commingled the money of other persons with his own or converted the money of other persons to his own use;

      (l) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow;

      (m) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction;

      (n) In the case of an escrow officer, has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, any crime involving moral turpitude; or

      (o) Has failed to obtain and maintain a copy of the executed agreement or contract that establishes the conditions for the sale of real property.

      2.  It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission directly arising from the business activities of a title agent which would be cause for such action had the applicant or licensee been a natural person.

      3.  The Commissioner may suspend or revoke the license of a title agent, or impose a fine, if the Commissioner finds that the title agent:

      (a) Failed to maintain adequate supervision of an escrow officer or title agent he has appointed or employed.

      (b) Instructed an escrow officer to commit an act which would be cause for the revocation of the escrow officer’s license and the escrow officer committed the act. An escrow officer is not subject to disciplinary action for committing such an act under instruction by the title agent.

      4.  The Commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.

      Sec. 115.  NRS 697.150 is hereby amended to read as follows:

      697.150  1.  Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail agent if he:

      (a) Is a resident of this State and has resided in this State for not less than 1 year immediately preceding the date of the application for the license.

      (b) Is a natural person not less than 18 years of age.

      (c) Has been appointed as a bail agent by an authorized surety insurer, subject to the issuance of the license.

      (d) Is competent, trustworthy and financially responsible.

      (e) Has passed any written examination required under this chapter.

      (f) Has filed the bond required by NRS 697.190.

      (g) Has, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is:

             (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and

             (2) Approved by the Commissioner.

 


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ê2007 Statutes of Nevada, Page 1487 (Chapter 327, AB 193)ê

 

      2.  A person is not entitled to receive, renew or hold a license as a bail agent if he has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude. A conviction of, or plea of guilty , guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in this subsection is a sufficient ground for the Commissioner to deny a license to the applicant or to suspend or revoke the license of the agent.

      Sec. 116.  The amendatory provisions of sections 14.5, 30 to 39, inclusive, and 41 of this act concerning the discharge or conditional release of a person committed to the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services pursuant to NRS 175.539 apply to any such person who is in the custody of the Administrator on or after October 1, 2007.

      Sec. 117.  1.  This section and sections 1 to 52, inclusive, 54 to 70, inclusive, 72, 74 to 79, inclusive, 81, 83 to 109, inclusive, 111 and 113 to 116, inclusive, of this act become effective on October 1, 2007.

      2.  Section 52 of this act expires by limitation on June 30, 2009.

      3.  Sections 70, 72, 79 and 81 of this act expire by limitation on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

      4.  Sections 109 and 111 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      5.  Section 53 of this act becomes effective on July 1, 2009.

      6.  Sections 71, 73, 80 and 82 of this act become effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

      7.  Sections 110 and 112 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 


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ê2007 Statutes of Nevada, Page 1488ê

 

CHAPTER 328, AB 87

Assembly Bill No. 87–Assemblymen Leslie, Pierce, McClain, Parnell, Smith, Bobzien, Oceguera, Parks, Segerblom and Womack

 

CHAPTER 328

 

AN ACT relating to financial institutions; requiring certain financial institutions to provide training to certain officers and employees concerning identifying the suspected exploitation of older persons and vulnerable persons; requiring certain officers and employees who receive such training to report the suspected or known exploitation of an older or vulnerable person; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Sections 4-13 of this bill require certain financial institutions to provide training to certain officers and employees concerning the identification and reporting of the exploitation of older persons and vulnerable persons. “Older persons” are defined in existing law as persons who are 60 years of age or older. (NRS 200.5092) “Vulnerable persons” are defined in existing law as persons who are 18 years of age or older who: (1) suffer from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or (2) have one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living. (NRS 200.5092) Section 10 of this bill specifies which officers and employees must receive the training, when the training must be provided and the content of the training. Section 10 further requires those officers and employees to report incidents that reasonably appear to be exploitation of an older or vulnerable person. Section 11 of this bill requires each financial institution to designate a person to whom such reports must be made. The person so designated is then responsible for determining when a formal report must be reported to the appropriate agency.

      Sections 15-22 of this bill add similar provisions to the chapter governing savings and loan associations. (Chapter 673 of NRS) Sections 25-32 of this bill add similar provisions to the chapter governing thrift companies. (Chapter 677 of NRS) Sections 35-42 of this bill add similar provisions to the chapter governing credit unions. (Chapter 678 of NRS)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2.  (Deleted by amendment.)

      Sec. 3.  Chapter 657 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 12, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Designated reporter” means a person designated by a financial institution to receive reports of known or suspected exploitation of an older person or vulnerable person pursuant to section 11 of this act.

      Sec. 6.  “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

      Sec. 7.  “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

 


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

ê2007 Statutes of Nevada, Page 1489 (Chapter 328, AB 87)ê

 

      Sec. 8.  “Reasonable cause to believe” has the meaning ascribed to it in NRS 200.50925.

      Sec. 9.  “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 10.  1.  Each financial institution shall provide training concerning the identification and reporting of the suspected exploitation of an older person or vulnerable person to each officer and employee of the financial institution who:

      (a) May, as part of his regular duties for the financial institution, come into direct contact with an older person or vulnerable person; or

      (b) May review or approve the financial documents, records or transactions of an older person or vulnerable person in connection with providing financial services to the older person or vulnerable person.

      2.  The training required pursuant to subsection 1 must be provided as soon as reasonably practicable, but not later than 6 months after the officer or employee is employed by the financial institution.

      3.  The training required pursuant to subsection 1 must include, without limitation:

      (a) An explanation of the conduct which constitutes exploitation of an older person or vulnerable person;

      (b) The manner in which exploitation of an older person or vulnerable person may be recognized;

      (c) Information concerning the manner in which reports of exploitation are investigated; and

      (d) Instruction concerning when and how to report known or suspected exploitation of an older person or vulnerable person.

      4.  An officer or employee who has observed or has knowledge of an incident that is directly related to a transaction or matter which is within his scope of practice and which reasonably appears to be exploitation of an older person or vulnerable person shall report the known or suspected exploitation to the designated reporter.

      Sec. 11.  1.  Each financial institution shall designate a person or persons to whom an officer or employee of the financial institution must report known or suspected exploitation of an older person or vulnerable person.

      2.  If an officer or employee reports known or suspected exploitation of an older person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

 


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

ê2007 Statutes of Nevada, Page 1490 (Chapter 328, AB 87)ê

 

Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  If an officer or employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      7.  An officer, employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 657.150 is hereby amended to read as follows:

      657.150  As used in NRS 657.150 to 657.210, inclusive, and sections 4 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 657.160 and 657.170 have the meanings ascribed to them in those sections.

      Sec. 14.  Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 23, inclusive, of this act.

      Sec. 15.  As used in sections 15 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 16 to 20, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16.  “Designated reporter” means a person designated by an association to receive reports of known or suspected exploitation of an older person or vulnerable person pursuant to section 22 of this act.

      Sec. 17.  “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

      Sec. 18.  “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

      Sec. 19.  “Reasonable cause to believe” has the meaning ascribed to it in NRS 200.50925.

 


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

ê2007 Statutes of Nevada, Page 1491 (Chapter 328, AB 87)ê

 

      Sec. 20.  “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 21.  1.  Each association shall provide training concerning the identification and reporting of the suspected exploitation of an older person or vulnerable person to each director, officer and employee of the association who:

      (a) May, as part of his regular duties for the association, come into direct contact with an older person or vulnerable person; or

      (b) May review or approve the financial documents, records or transactions of an older person or vulnerable person in connection with providing financial services to the older person or vulnerable person.

      2.  The training required pursuant to subsection 1 must be provided as soon as reasonably practicable, but not later than 6 months after the director, officer or employee is employed by the association or assumes the position.

      3.  The training required pursuant to subsection 1 must include, without limitation:

      (a) An explanation of the conduct which constitutes exploitation of an older person or vulnerable person;

      (b) The manner in which exploitation of an older person or vulnerable person may be recognized;

      (c) Information concerning the manner in which reports of exploitation are investigated; and

      (d) Instruction concerning when and how to report known or suspected exploitation of an older person or vulnerable person.

      4.  A director, officer or employee who has observed or has knowledge of an incident that is directly related to a transaction or matter which is within his scope of practice and which reasonably appears to be exploitation of an older person or vulnerable person shall report the known or suspected exploitation to the designated reporter.

      Sec. 22.  1.  Each association shall designate a person or persons to whom a director, officer or employee of the association must report known or suspected exploitation of an older person or vulnerable person.

      2.  If a director, officer or employee reports known or suspected exploitation of an older person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

 


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

ê2007 Statutes of Nevada, Page 1492 (Chapter 328, AB 87)ê

 

Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  If a director, officer or employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      7.  A director, officer, employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  Chapter 677 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 to 33, inclusive, of this act.

      Sec. 25.  As used in sections 25 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 26 to 30, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 26.  “Designated reporter” means a person designated by a licensee to receive reports of known or suspected exploitation of an older person or vulnerable person pursuant to section 32 of this act.

      Sec. 27.  “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

      Sec. 28.  “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

      Sec. 29.  “Reasonable cause to believe” has the meaning ascribed to it in NRS 200.50925.

      Sec. 30.  “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 31.  1.  Each licensee shall provide training concerning the identification and reporting of the suspected exploitation of an older person or vulnerable person to each officer and employee of the licensee who:

 


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

ê2007 Statutes of Nevada, Page 1493 (Chapter 328, AB 87)ê

 

      (a) May, as part of his regular duties for the licensee, come into direct contact with an older person or vulnerable person; or

      (b) May review or approve the financial documents, records or transactions of an older person or vulnerable person in connection with providing financial services to the older person or vulnerable person.

      2.  The training required pursuant to subsection 1 must be provided as soon as reasonably practicable, but not later than 6 months after the officer or employee is employed by the licensee.

      3.  The training required pursuant to subsection 1 must include, without limitation:

      (a) An explanation of the conduct which constitutes exploitation of an older person or vulnerable person;

      (b) The manner in which exploitation of an older person or vulnerable person may be recognized;

      (c) Information concerning the manner in which reports of exploitation are investigated; and

      (d) Instruction concerning when and how to report known or suspected exploitation of an older person or vulnerable person.

      4.  An officer or employee who has observed or has knowledge of an incident that is directly related to a transaction or matter which is within his scope of practice and which reasonably appears to be exploitation of an older person or vulnerable person shall report the known or suspected exploitation to the designated reporter.

      Sec. 32.  1.  Each licensee shall designate a person or persons to whom an officer or employee of the licensee must report known or suspected exploitation of an older person or vulnerable person.

      2.  If an officer or employee reports known or suspected exploitation of an older person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  If an officer or employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

 


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

ê2007 Statutes of Nevada, Page 1494 (Chapter 328, AB 87)ê

 

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      7.  An officer, employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 33.  (Deleted by amendment.)

      Sec. 34.  Chapter 678 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 43, inclusive, of this act.

      Sec. 35.  As used in sections 35 to 43, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 36 to 40, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 36.  “Designated reporter” means a person designated by a credit union to receive reports of known or suspected exploitation of an older person or vulnerable person pursuant to section 42 of this act.

      Sec. 37.  “Exploitation” has the meaning ascribed to it in subsection 2 of NRS 200.5092.

      Sec. 38.  “Older person” has the meaning ascribed to it in subsection 5 of NRS 200.5092.

      Sec. 39.  “Reasonable cause to believe” has the meaning ascribed to it in NRS 200.50925.

      Sec. 40.  “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 41.  1.  Each credit union shall provide training concerning the identification and reporting of the suspected exploitation of an older person or vulnerable person to each employee of the credit union who:

      (a) May, as part of his regular duties for the credit union, come into direct contact with an older person or vulnerable person; or

      (b) May review or approve the financial documents, records or transactions of an older person or vulnerable person in connection with providing financial services to the older person or vulnerable person.

      2.  The training required pursuant to subsection 1 must be provided as soon as reasonably practicable, but not later than 6 months after the employee is employed by the credit union.

 


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

ê2007 Statutes of Nevada, Page 1495 (Chapter 328, AB 87)ê

 

      3.  The training required pursuant to subsection 1 must include, without limitation:

      (a) An explanation of the conduct which constitutes exploitation of an older person or vulnerable person;

      (b) The manner in which exploitation of an older person or vulnerable person may be recognized;

      (c) Information concerning the manner in which reports of exploitation are investigated; and

      (d) Instruction concerning when and how to report known or suspected exploitation of an older person or vulnerable person.

      4.  An employee who has observed or has knowledge of an incident that is directly related to a transaction or matter which is within his scope of practice and which reasonably appears to be exploitation of an older person or vulnerable person shall report the known or suspected exploitation to the designated reporter.

      Sec. 42.  1.  Each credit union shall designate a person or persons to whom an employee of the credit union must report known or suspected exploitation of an older person or vulnerable person.

      2.  If an employee reports known or suspected exploitation of an older person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  If an employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

 


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

ê2007 Statutes of Nevada, Page 1496 (Chapter 328, AB 87)ê

 

of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      7.  An employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 43.  (Deleted by amendment.)

________

 

CHAPTER 329, AB 247

Assembly Bill No. 247–Assemblywoman Buckley

 

CHAPTER 329

 

AN ACT relating to hospitals; limiting the amount of interest and other charges that hospitals may impose for delinquent payments; revising the limitation on the period for commencing an action against a person who has a delinquent account with a hospital; prohibiting a hospital from assigning a lien on real property obtained in connection with a delinquent payment for services rendered at the hospital; authorizing the use of money that is reverted from the Health Insurance Flexibility and Accountability Holding Account in the State General Fund to the Fund for Hospital Care to Indigent Persons at the end of each fiscal year to pay claims for any previous fiscal years; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Section 5 of this bill provides that a hospital may not proceed with efforts to collect on any amount owed to the hospital for hospital care rendered, other than copayments and deductibles, if the person responsible for paying the account has or may be eligible for insurance benefits or public assistance until the insurance or public program has been billed and the amount owed by the responsible party has been established. Collection efforts and interest may begin not sooner than 30 days after the responsible party has been sent notice of the amount that he is responsible to pay. Section 5 further limits the amount of interest that a hospital may charge on a delinquent account to prime rate plus 2 percent and prohibits a hospital from imposing any other fees, including, without limitation, collection fees, attorney’s fees or any other fees or costs other than court costs and attorney’s fees awarded by a court.

 


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

ê2007 Statutes of Nevada, Page 1497 (Chapter 329, AB 247)ê

 

      Section 6 of this bill requires a hospital or other person acting on its behalf to collect any debt for any amount owed to the hospital for hospital care rendered at the hospital in a professional, fair and lawful manner and in accordance with the federal Fair Debt Collection Practices Act.

      Existing law establishes certain periods during which an action may be commenced in court which apply when no other statutes specify a different period. (NRS 11.190) Existing law further provides that the time set forth in that statute is deemed to date from the last transaction. (NRS 11.200) Section 7 of this bill provides that the period for commencing an action against a person to recover payment for any amount owed to a hospital for hospital care provided to a person at a hospital is not later than 4 years after the date on which any payment that is due for the services is not paid. The period is tolled, however, during any periods in which the hospital is awaiting a determination concerning eligibility for or the amount of benefits from an insurer or public program and during any period in which payments are being made.

      Existing law creates a lien on the real property of a person for unpaid charges incurred at a county or district hospital and establishes certain procedures that must be followed with respect to such liens. (NRS 108.662) Section 9 of this bill prohibits a county or district hospital from assigning, selling or transferring the interest of the hospital in such a lien.

      Existing law provides that any money remaining in the Health Insurance Flexibility and Accountability Holding Account in the State General Fund at the end of each fiscal year reverts to the Fund for Hospital Care to Indigent Persons created by NRS 428.175 and to the State General Fund in equal amounts. (NRS 428.305) Section 10 of this bill provides that any such money that is reverted from the Health Insurance Flexibility and Accountability Holding Account to the Fund for Hospital Care to Indigent Persons at the end of each fiscal year may be used to pay claims for any previous fiscal years.

 

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 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.  “Hospital care” has the meaning ascribed to it in NRS 428.155.

      Sec. 4.  “Responsible party” means the person who received the hospital care, the parent or guardian of the person who received the hospital care or another natural person who is legally responsible or has agreed to be responsible for the payment to the hospital of any charges incurred in connection with the hospital care.

      Sec. 5.  1.  When a person receives hospital care, the hospital must not proceed with any efforts to collect on any amount owed to the hospital for the hospital care from the responsible party, other than for any copayment or deductible, if the responsible party has health insurance or may be eligible for Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill, until the hospital has submitted a bill to the insurance company or public program and the insurance company or public program has made a determination concerning payment of the claim.

      2.  Collection efforts may begin and interest may begin to accrue on any amount owed to the hospital for hospital care which remains unpaid by the responsible party not sooner than 30 days after the responsible party is sent a bill by mail stating the amount that he is responsible to pay which has been established after receiving a determination concerning payment of the claim by any insurer or public program and after applying any discounts.

 


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

ê2007 Statutes of Nevada, Page 1498 (Chapter 329, AB 247)ê

 

is sent a bill by mail stating the amount that he is responsible to pay which has been established after receiving a determination concerning payment of the claim by any insurer or public program and after applying any discounts. Interest must accrue at a rate which does not exceed the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date on which the payment becomes due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the payment is satisfied.

      3.  Except for the interest authorized pursuant to subsection 2 and any court costs and attorney’s fees awarded by a court, no other fees may be charged concerning the amount that remains unpaid, including, without limitation, collection fees, other attorney’s fees or any other fees or costs.

      Sec. 6.  A hospital, or any person acting on its behalf who seeks to collect a debt from a responsible party for any amount owed to the hospital for hospital care must collect the debt in a professional, fair and lawful manner. When collecting such a debt, the hospital or other person acting on its behalf must act in accordance with sections 803 to 812, inclusive, of the federal Fair Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j, inclusive, even if the hospital or person acting on its behalf is not otherwise subject to the provisions of that Act.

      Sec. 7.  Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, an action against a person to recover payment for any amount owed to a hospital for hospital care provided to the person at the hospital must be commenced not later than 4 years after the date on which any payment that is due for the services is not paid.

      2.  The period provided in subsection 1 is tolled during any periods in which the hospital is awaiting a determination concerning eligibility for, or the amount of, benefits from an insurer or public program and during any periods in which payments are being made.

      3.  As used in this section, “hospital care” has the meaning ascribed to it in NRS 428.155.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 108.662 is hereby amended to read as follows:

      108.662  1.  Except as otherwise provided in subsection 4, a county or district hospital has a lien upon the real property of a person for charges incurred and unpaid for the care of the owner of the property or a person for whose support the owner is legally responsible.

      2.  The notice of the lien must be served upon the owner by certified or registered mail and filed in the office of the county recorder of the county where the real property is located not sooner than 90 days nor later than:

      (a) Three years after the patient’s discharge; or

      (b) One year after the patient defaults on payments made pursuant to a written contract,

Ê whichever is later, except that the notice may be served and filed within 6 months after any default pursuant to a written contract.

      3.  The notice of the lien must contain:

      (a) The amount due;

      (b) The name of the owner of record of the property; and

      (c) A description of the property sufficient for identification.

 


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

ê2007 Statutes of Nevada, Page 1499 (Chapter 329, AB 247)ê

 

      4.  If the amount due as stated in the notice of lien is reduced by payments and any person listed in subsection 2 of NRS 108.665 gives written notice of that reduction to the county or district hospital which recorded the lien, the county or district hospital shall amend the notice of lien stating the amount then due, within 10 days after it receives the written notice.

      5.  A county or district hospital shall not assign, sell or transfer the interest of the hospital in a lien created pursuant to this section.

      Sec. 10.  Any money that is reverted from the Health Insurance Flexibility and Accountability Holding Account in the State General Fund to the Fund for Hospital Care to Indigent Persons created by NRS 428.175 at the end of each fiscal year may be used to pay claims for any previous fiscal years, including, without limitation, claims incurred before July 1, 2005.

      Sec. 11.  The amendatory provisions of sections 1 to 9, inclusive, of this act apply to any debt accrued on or after October 1, 2007.

      Sec. 12.  1.  This section and section 10 of this act become effective upon passage and approval.

      2.  Sections 1 to 9, inclusive, and section 11 of this act become effective on October 1, 2007.

________

 

CHAPTER 330, AB 263

Assembly Bill No. 263–Committee on Health and Human Services

 

CHAPTER 330

 

AN ACT relating to children; making various changes to provisions governing the abuse and neglect of children; requiring the Division of Child and Family Services of the Department of Health and Human Services to carry out certain actions against certain agencies which provide child welfare services for failure to take corrective action; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes an agency which provides child welfare services to organize one or more multidisciplinary teams to review the death of a child. (NRS 432B.405) Section 4 of this bill authorizes the Administrator of the Division of Child and Family Services of the Department of Health and Human Services to organize a multidisciplinary team to oversee the child fatality review process for such agencies. Section 5 of this bill imposes civil penalties upon members of teams and committees involved in the child fatality review process who disclose any confidential information concerning the death of the child.

      Section 8 of this bill requires the Division of Child and Family Services to evaluate child welfare services provided in this State and provides that the Division must require corrective action against an agency which provides child welfare services that fails to comply with federal or state laws relating to the provision of child welfare services. If such an agency does not take corrective action within a timely manner, the Division shall take certain action against the agency. (NRS 432B.180)

      Section 12 of this bill expands existing law by authorizing a designee of an agency investigating a report of abuse or neglect of a child to interview a sibling of the child concerning any possible abuse or neglect without the consent of any person responsible for the child’s welfare. (NRS 432B.270)

 


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ê2007 Statutes of Nevada, Page 1500 (Chapter 330, AB 263)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432.0155 is hereby amended to read as follows:

      432.0155  1.  The Department, through the Division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of [juvenile] :

      (a) Juvenile development and for programs to prevent, combat and control delinquency [.] ; and

      (b) Child welfare and child welfare services.

Ê The Department, through the Division, shall enforce such standards.

      2.  The Administrator, with the approval of the Director, may develop and enforce state plans, make reports to the Federal Government and comply with such other conditions as may be imposed by the Federal Government for the receipt of assistance for [those] such programs [.] and services described in subsection 1. In developing and revising state plans, the Administrator shall consider, among other things, the amount of money available from the Federal Government for [those] such programs and services, the conditions attached to that money [,] and the limitations of legislative appropriations for the programs [.] and services.

      [2.] 3.  The Administrator shall cause to be deposited with the State Treasurer all money allotted to this State by the Federal Government for the purposes described in this section and shall cause to be paid out of the State Treasury the money therein deposited for those purposes.

      4.  As used in this section, “child welfare services” has the meaning ascribed to it in NRS 432B.044.

      Sec. 2.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  1.  The Administrator of the Division of Child and Family Services may organize a multidisciplinary team to oversee any review of the death of a child conducted by a multidisciplinary team that is organized by an agency which provides child welfare services pursuant to NRS 432B.405.

      2.  A multidisciplinary team organized pursuant to subsection 1 is entitled to the same access and privileges granted to a multidisciplinary team to review the death of a child pursuant to NRS 432B.407.

      Sec. 5.  1.  Each member of a multidisciplinary team organized pursuant to NRS 432B.405, a multidisciplinary team organized pursuant to section 4 of this act, an administrative team organized pursuant to NRS 432B.408 or the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      2.  The Administrator of the Division of Child and Family Services:

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection 1 against a member of a multidisciplinary team organized pursuant to section 4 of this act, an administrative team or the Executive Committee; and

      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

 


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ê2007 Statutes of Nevada, Page 1501 (Chapter 330, AB 263)ê

 

      3.  Each director or other authorized representative of an agency which provides child welfare services that organized a multidisciplinary team pursuant to NRS 432B.405:

      (a) May bring an action to recover a civil penalty pursuant to subsection 1 against a member of the multidisciplinary team; and

      (b) Shall deposit any money received from the civil penalty in the appropriate county treasury.

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 8.  NRS 432B.180 is hereby amended to read as follows:

      432B.180  The Division of Child and Family Services shall:

      1.  Administer any money granted to the State by the Federal Government.

      2.  Plan, coordinate and monitor the delivery of child welfare services provided throughout the State.

      3.  Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.

      4.  Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.

      5.  Involve communities in the improvement of child welfare services.

      6.  Evaluate all child welfare services provided throughout the State and [withhold money from any agency providing] , if an agency which provides child welfare services is not complying with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.

      7.  If an agency which provides child welfare services fails to take corrective action required pursuant to subsection 6 within a reasonable period, take one or more of the following actions against the agency which provides child welfare services: [child welfare services which is not complying with the regulations adopted by the Division of Child and Family Services.

      7.  Evaluate the plans submitted for approval pursuant to NRS 432B.395.]

      (a) Withhold money from the agency which provides child welfare services;

      (b) Impose an administrative fine against the agency which provides child welfare services;

      (c) Provide the agency which provides child welfare services with direct supervision and recover the cost and expenses incurred by the Division in providing such supervision; and

      (d) Require the agency which provides child welfare services to determine whether it is necessary to impose disciplinary action that is consistent with the personnel rules of the agency which provides child welfare services against an employee who substantially contributes to the noncompliance of the agency which provides child welfare services with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies, including, without limitation, suspension of the employee without pay, if appropriate.

 


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ê2007 Statutes of Nevada, Page 1502 (Chapter 330, AB 263)ê

 

Ê The Division shall adopt regulations to carry out the provisions of this subsection, including, without limitation, regulations which prescribe the circumstances under which action must be taken against an agency which provides child welfare services for failure to take corrective action and which specify that any such action by the Division must not impede the provision of child welfare services.

      8.  In consultation with each agency which provides child welfare services, request sufficient money for the provision of child welfare services throughout this State.

      9.  Deposit any money received from the administrative fines imposed pursuant to this section with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection. The money in the account may only be used by the Division to improve the provision of child welfare services in this State, including, without limitation:

      (a) To pay the costs associated with providing training and technical assistance and conducting quality improvement activities for an agency which provides child welfare services to assist the agency in any area in which the agency has failed to take corrective action; and

      (b) Hiring a qualified consultant to conduct such training, technical assistance and quality improvement activities.

      Sec. 9.  NRS 432B.190 is hereby amended to read as follows:

      432B.190  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

      1.  Regulations establishing reasonable and uniform standards for:

      (a) Child welfare services provided in this State;

      (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

      (c) The development of local councils involving public and private organizations;

      (d) Reports of abuse or neglect, records of these reports and the response to these reports;

      (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

      (f) The management and assessment of reported cases of abuse or neglect;

      (g) The protection of the legal rights of parents and children;

      (h) Emergency shelter for a child;

      (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      (j) [Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

      (k)] Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

             (1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

 


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ê2007 Statutes of Nevada, Page 1503 (Chapter 330, AB 263)ê

 

children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

             (2) The procedures for taking a child for placement in protective custody; and

             (3) The state and federal legal rights of:

                   (I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

                   (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

      [(l)] (k) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child; and

      2.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive [.] , and sections 4 and 5 of this act.

      Sec. 10.  NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

 


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ê2007 Statutes of Nevada, Page 1504 (Chapter 330, AB 263)ê

 

who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

      (c) A coroner.

      (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A social worker and an administrator, teacher, librarian or counselor of a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner [, who] of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his written findings to [an] the appropriate agency which provides child welfare services [his written findings.]

 


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ê2007 Statutes of Nevada, Page 1505 (Chapter 330, AB 263)ê

 

medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his written findings to [an] the appropriate agency which provides child welfare services [his written findings.] , the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      Sec. 11.  NRS 432B.260 is hereby amended to read as follows:

      432B.260  1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.

      2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

      (a) The child is 5 years of age or younger;

      (b) There is a high risk of serious harm to the child; [or]

      (c) The child has suffered a fatality; or

      (d) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.

      3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

      (a) The child is not in imminent danger of harm;

      (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety;

      (c) The alleged abuse or neglect of the child or the alleged effect of prenatal illegal substance abuse on or the withdrawal symptoms resulting from any prenatal drug exposure of the newborn infant could be eliminated if the child and his family [receive] are referred to or participate in social or health services offered in the community, or both; or

      (d) The agency determines that the:

             (1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and

             (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

      4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

      5.  If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency.

 


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ê2007 Statutes of Nevada, Page 1506 (Chapter 330, AB 263)ê

 

initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.

      6.  Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:

      (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or

      (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.

Ê If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall delete all references to the matter from its records.

      7.  If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 6, the agency shall require the person to notify the agency if the child or his family [refuse or fail] refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

      8.  An agency which provides child welfare services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.

      9.  An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

      Sec. 12.  NRS 432B.270 is hereby amended to read as follows:

      432B.270  1.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child and any sibling of the child, if an interview is deemed appropriate by the designee, concerning any possible abuse or neglect. The child and any sibling of the child may be interviewed , if an interview is deemed appropriate by the designee, at any place where [he] the child or his sibling is found. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child or his sibling was interviewed, unless the designee determines that such notification would endanger the child [.] or his sibling.

      2.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:

      (a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and

      (b) If indicated after consultation with a physician, cause X rays or medical tests to be performed on a child.

      3.  Upon the taking of any photographs or X rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child.

 


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ê2007 Statutes of Nevada, Page 1507 (Chapter 330, AB 263)ê

 

the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X rays or medical tests must be paid by the agency which provides child welfare services if money is not otherwise available.

      4.  Any photographs or X rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, the law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X ray, result of a medical test or other medical record:

      (a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X ray was taken or the treatment, examination or medical test was performed, indicating:

             (1) The name of the child;

             (2) The name and address of the person who took the photograph or X ray, performed the medical test, or examined or treated the child; and

             (3) The date on which the photograph or X ray was taken or the treatment, examination or medical test was performed;

      (b) Is admissible in any proceeding relating to the abuse or neglect of the child; and

      (c) May be given to the child’s parent or guardian if he pays the cost of duplicating them.

      5.  As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

      Sec. 13.  NRS 432B.280 is hereby amended to read as follows:

      432B.280  1.  [Reports] Except as otherwise authorized or required pursuant to NRS 432B.290, reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

      2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

      (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

      (b) As otherwise authorized or required pursuant to NRS 432B.290; or

      (c) As otherwise required pursuant to NRS 432B.513,

Ê is guilty of a misdemeanor.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  NRS 432B.300 is hereby amended to read as follows:

      432B.300  Except as otherwise provided in NRS 432B.260, an agency which provides child welfare services shall investigate each report of abuse or neglect received or referred to it to determine:

      1.  The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;

 


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ê2007 Statutes of Nevada, Page 1508 (Chapter 330, AB 263)ê

 

      2.  Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;

      3.  Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect regardless of whether or not there are any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;

      4.  If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and

      [4.] 5.  The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the child’s welfare to care adequately for him.

      Sec. 16.  NRS 432B.310 is hereby amended to read as follows:

      432B.310  1.  Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:

      (a) Identifying and demographic information on the child alleged to be abused or neglected, his parents, any other person responsible for his welfare and the person allegedly responsible for the abuse or neglect;

      (b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted , [and] the severity of the injuries [;] and, if applicable, any information concerning the death of the child; and

      (c) The disposition of the case.

      2.  An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child.

      3.  As used in this section, “Central Registry” has the meaning ascribed to it in NRS 432.0999.

      Sec. 17.  NRS 432B.403 is hereby amended to read as follows:

      432B.403  The purpose of organizing multidisciplinary teams to review the deaths of children pursuant to NRS 432B.403 to 432B.409, inclusive, and sections 4 and 5 of this act is to:

      1.  Review the records of selected cases of deaths of children under 18 years of age in this State;

      2.  Review the records of selected cases of deaths of children under 18 years of age who are residents of Nevada and who die in another state;

      3.  Assess and analyze such cases;

      4.  Make recommendations for improvements to laws, policies and practice;

      5.  Support the safety of children; and

      6.  Prevent future deaths of children.

      Sec. 18.  NRS 432B.405 is hereby amended to read as follows:

      432B.405  1.  [An] The director or other authorized representative of an agency which provides child welfare services:

 


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ê2007 Statutes of Nevada, Page 1509 (Chapter 330, AB 263)ê

 

      (a) May provisionally appoint and organize one or more multidisciplinary teams to review the death of a child; [and]

      (b) Shall submit names to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 for review and approval of persons whom the director or other authorized representative recommends for appointment to a multidisciplinary team to review the death of a child; and

      (c) Shall organize one or more multidisciplinary teams to review the death of a child under any of the following circumstances:

             (1) Upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child;

             (2) If the child dies while in the custody of or involved with an agency which provides child welfare services, or if the child’s family previously received services from such an agency;

             (3) If the death is alleged to be from abuse or neglect of the child;

             (4) If a sibling, household member or daycare provider has been the subject of a child abuse and neglect investigation within the previous 12 months, including , without limitation, cases in which the report was unsubstantiated or the investigation is currently pending;

             (5) If the child was adopted through an agency which provides child welfare services; or

             (6) If the child died of Sudden Infant Death Syndrome.

      2.  A review conducted pursuant to subparagraph (2) of paragraph [(b)] (c) of subsection 1 must occur within 3 months after the issuance of a certificate of death.

      Sec. 19.  NRS 432B.409 is hereby amended to read as follows:

      432B.409  1.  The Administrator of the Division of Child and Family Services shall establish an Executive Committee to Review the Death of Children, consisting of representatives from multidisciplinary teams formed pursuant to paragraph (a) of subsection 1 of NRS 432B.405 and NRS 432B.406, vital statistics, law enforcement, public health and the Office of the Attorney General.

      2.  The Executive Committee shall:

      (a) Adopt statewide protocols for the review of the death of a child;

      (b) [Designate the members of an administrative team for the purposes of NRS 432B.408;] Adopt regulations to carry out the provisions of NRS 432B.403 to 432B.409, inclusive, and sections 4 and 5 of this act;

      (c) Adopt bylaws to govern the management and operation of the Executive Committee;

      (d) Appoint one or more multidisciplinary teams to review the death of a child from the names submitted to the Executive Committee pursuant to paragraph (b) of subsection 1 of NRS 432B.405;

      [(c)] (e) Oversee training and development of multidisciplinary teams to review the death of children; and

      [(d)] (f) Compile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes.

      3.  The Review of Death of Children Account is hereby created in the State General Fund. The Executive Committee may use money in the Account to carry out the provisions of NRS 432B.403 to 432B.409, inclusive [.] , and sections 4 and 5 of this act.

      Sec. 20.  (Deleted by amendment.)

 


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ê2007 Statutes of Nevada, Page 1510 (Chapter 330, AB 263)ê

 

      Sec. 21.  NRS 432B.395 is hereby repealed.

      Sec. 22.  1.  The Department of Health and Human Services shall submit a report to the Interim Finance Committee, the Legislative Committee on Health Care and any other interim committee of the Nevada Legislature that has oversight of child welfare services concerning each action taken pursuant to subsection 7 of NRS 432B.180, as amended by section 8 of this act, during the 2007-2009 interim. Each report must be submitted within 30 days after the Division of Child and Family Services of the Department has taken action against an agency which provides child welfare services for failure to take corrective action and must include, without limitation:

      (a) The action taken by the Division;

      (b) The purpose for taking such action, including, without limitation, the corrective action that the agency failed to take;

      (c) The amount of money withheld from the agency or the amount of the administrative fine imposed against the agency, if applicable; and

      (d) If an administrative fine was imposed pursuant NRS 432B.180, the manner in which the Division expended the money.

      2.  On or before January 1, 2009, the Department shall submit to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature a cumulative summary of all reports submitted pursuant to subsection 1.

________

 

CHAPTER 331, AB 296

Assembly Bill No. 296–Assemblymen Bobzien, Leslie, Carpenter, Claborn, Gansert, Goicoechea, Kihuen, Pierce, Settelmeyer and Smith

 

CHAPTER 331

 

AN ACT relating to water; expressing the sense of the Legislature as to the policy of this State concerning the temporary conversion of certain water rights for certain ecological purposes; setting forth the requirements for carrying out such a temporary conversion; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      This bill: (1) provides that it is the policy of the State of Nevada to allow the temporary conversion of certain agricultural water rights for wildlife purposes or to improve the quality or flow of water; and (2) sets forth the requirements for carrying out such a temporary conversion.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Legislature hereby finds and declares that it is the policy of this State to allow the temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water.

 


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ê2007 Statutes of Nevada, Page 1511 (Chapter 331, AB 296)ê

 

      2.  If a person or entity proposes to temporarily convert agricultural water rights for wildlife purposes or to improve the quality or flow of water, such temporary conversion:

      (a) Must not be carried out unless the person or entity first applies for and receives from the State Engineer any necessary permits or approvals required pursuant to:

             (1) The provisions of this chapter; and

             (2) Any applicable decisions, orders, procedures and regulations of the State Engineer.

      (b) Except as otherwise provided in this paragraph, must not exceed 3 years in duration. A temporary conversion of agricultural water rights for wildlife purposes or to improve the quality or flow of water may be extended in increments not to exceed 3 years in duration each, provided that the person or entity seeking the extension first applies for and receives from the State Engineer any necessary permits or approvals, as described in paragraph (a).

      Sec. 2.  (Deleted by amendment.)

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

________

 

CHAPTER 332, AB 373

Assembly Bill No. 373–Assemblyman Grady

 

Joint Sponsor: Senator Amodei

 

CHAPTER 332

 

AN ACT relating to general improvement districts; revising the provisions governing the circumstances under which a board of county commissioners may serve ex officio as the board of trustees of a general improvement district; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      This bill authorizes the board of county commissioners to serve ex officio as the board of trustees of a general improvement district which is organized on or after July 1, 2007, and is authorized to exercise any of the basic powers that a district may exercise under existing law. This bill also provides that, in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) and which is only authorized to furnish streets and alleys, the territory of such a district may overlap the territory of another general improvement district. (NRS 318.0953)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 318.0953 is hereby amended to read as follows:

      318.0953  1.  In every county whose population is 400,000 or more, the board of county commissioners is, and in counties whose population is less than 400,000 the board of county commissioners may be [,] ex officio [,] the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing facilities for sewerage as provided in NRS 318.140, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which is authorized, in addition to those basic powers, to exercise any one or more other basic powers designated in this chapter, except as otherwise provided in subsections 2 [and 4.]

 


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ê2007 Statutes of Nevada, Page 1512 (Chapter 332, AB 373)ê

 

is also authorized to furnish facilities for storm drainage, but excluding any district which is authorized, in addition to those basic powers, to exercise any one or more other basic powers designated in this chapter, except as otherwise provided in subsections 2 [and 4.] , 4 and 5.

      2.  The board of county commissioners of any county may be, at its option, ex officio [,] the board of trustees of any district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing facilities for water as provided in NRS 318.144, or [,] furnishing both facilities for water and facilities for sewerage as provided in NRS 318.144 and 318.140, respectively, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which:

      (a) Is authorized, in addition to its basic powers, to exercise any one or more other basic powers designated in this chapter [.] , except as otherwise provided in subsection 4.

      (b) Is organized or reorganized pursuant to this chapter, the boundaries of which include all or a portion of any incorporated city or all or a portion of a district for water created by special law.

      3.  In every county whose population is less than 100,000, the board of county commissioners may be [,] ex officio [,] the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing emergency medical services as provided in NRS 318.1185, which district may overlap the territory of any district authorized to exercise any one or more other basic powers designated in this chapter.

      4.  The board of county commissioners of any county may be, at its option, ex officio the board of trustees of any district organized on or after July 1, 2007, and authorized to exercise one or more of the basic powers designated in this chapter. In a county whose population is less than 100,000, a district for which the board of county commissioners is ex officio the board of trustees pursuant to this subsection and which is authorized only to exercise the basic power of furnishing streets and alleys as provided in NRS 318.120 may overlap the territory of any district authorized to exercise any one or more other basic powers designated in this chapter.

      5.  A board of county commissioners may exercise the options provided in subsections 1 [, 2 and 3] to 4, inclusive, by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is [,] ex officio [,] the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case within the 30-day period the county clerk shall promptly cause a copy of the ordinance to be:

      (a) Filed in his office;

      (b) Transmitted to the secretary of the district; and

      (c) Filed in the Office of the Secretary of State without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

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

________

 


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ê2007 Statutes of Nevada, Page 1513ê

 

CHAPTER 333, AB 386

Assembly Bill No. 386–Assemblyman Mabey

 

CHAPTER 333

 

AN ACT relating to interscholastic events; requiring the Nevada Interscholastic Activities Association to adopt regulations governing spirit squads; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Nevada Interscholastic Activities Association to adopt regulations that are necessary to control, supervise and regulate all interscholastic events at public schools, charter schools, private schools and parochial schools in Nevada. (NRS 386.420-386.470) Pursuant to that authority, the Association has adopted regulations governing the activities of cheerleaders and other members of a spirit squad at those schools. (NAC 386.754-386.7548)

      Section 1 of this bill requires the Association to adopt regulations setting forth the standards of safety for each event, competition or other activity engaged in by a spirit squad and the qualifications required for a person to become a coach of a spirit squad. Section 5 of this bill requires each spirit squad and each person who is a coach of a spirit squad to comply with those regulations on or before July 1, 2008.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.430 is hereby amended to read as follows:

      386.430  1.  The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS [,] as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events.

      2.  The Nevada Interscholastic Activities Association shall adopt regulations setting forth:

      (a) The standards of safety for each event, competition or other activity engaged in by a spirit squad of a school that is a member of the Nevada Interscholastic Activities Association, which must substantially comply with the spirit rules of the National Federation of State High School Associations, or its successor organization; and

      (b) The qualifications required for a person to become a coach of a spirit squad.

      3.  If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.

      4.  As used in this section, “spirit squad” means any team or other group of persons that is formed for the purpose of:

 


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ê2007 Statutes of Nevada, Page 1514 (Chapter 333, AB 386)ê

 

      (a) Leading cheers or rallies to encourage support for a team that participates in a sport that is sanctioned by the Nevada Interscholastic Activities Association; or

      (b) Participating in a competition against another team or other group of persons to determine the ability of each team or group of persons to engage in an activity specified in paragraph (a).

      Secs. 2-4.  (Deleted by amendment.)

      Sec. 5.  1.  Each spirit squad of a school that is a member of the Nevada Interscholastic Activities Association shall, on or before July 1, 2008, comply with the regulations adopted by the Association pursuant to NRS 386.430, as amended by section 1 of this act.

      2.  Each person who is a coach of a spirit squad shall, on or before July 1, 2008, comply with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.430, as amended by section 1 of this act.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 334, AB 410

Assembly Bill No. 410–Assemblymen Leslie, Parks, McClain, Segerblom and Womack

 

CHAPTER 334

 

AN ACT relating to public health; requiring the Department of Health and Human Services to establish an immunization information system; requiring the State Board of Health to adopt regulations governing the immunization information system to collect certain information concerning the immunization of children in this State; requiring the Department to study the feasibility of allowing private entities to purchase immunizations through the Department; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the immunization of children in public schools, private schools and child care facilities in certain circumstances. (NRS 392.435-392.448, 394.192-394.199, 432A.230-432A.270) Section 1 of this bill requires the Department of Health and Human Services to establish an immunization information system to be administered by the State Board of Health to collect certain statistical information concerning the immunization of children in this State. Section 1 also requires the State Board of Health to establish certain forms to be used to report information and inform the parent or guardian of a child about the system. Section 1 also requires a person who administers an immunization to a child to report certain information concerning the immunization of any child on or after July 1, 2009, to the Department for inclusion in the immunization information system unless the parent or guardian of the child declines inclusion of information concerning his child in the system.

      Section 3 of this bill requires the Department to study the feasibility of offering group purchasing plans to allow private entities to purchase immunizations through the Department at the lowest negotiated price. The Department is required to report the results of its study to the Legislative Committee on Health Care.

 


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ê2007 Statutes of Nevada, Page 1515 (Chapter 334, AB 410)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall establish an immunization information system to collect information concerning the immunization of children in this State. The immunization information system must be administered by the State Board of Health.

      2.  Except as otherwise provided in subsection 4, a person who administers any immunization to a child which is recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices, or its successor organization, on or after July 1, 2009, shall report information concerning the child and the immunization provided to the child to the Department for inclusion in the immunization information system. The information reported must include, without limitation:

      (a) The immunization provided to the child;

      (b) The name of the child;

      (c) Demographic information concerning the child, including, without limitation, the age, gender and race of the child; and

      (d) Any other information required by regulation of the State Board of Health, taking into consideration applicable requirements for information relating to the immunization of children of:

            (1) The Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and

             (2) Any other governmental entity.

      3.  A person who reports information pursuant to subsection 2 may also report information concerning the history of the immunizations of the child if known to the Department for inclusion in the immunization information system.

      4.  The State Board of Health shall establish the form for reporting information to the Department for inclusion in the immunization information system and the form which the person administering the immunization must provide to the parent or guardian of the child receiving the immunization. The form provided to the parent or guardian must inform the parent or guardian about the immunization information system and must allow the parent or guardian to decline inclusion of the information concerning his child in the system.

      5.  The information in the immunization information system may only be disclosed to any person who administers immunizations to a child to determine the immunization status of the child and to the persons or governmental entities authorized pursuant to the regulations adopted by the State Board of Health.

      6.  The State Board of Health shall adopt regulations to carry out the provisions of this section.

      Sec. 2.  The Department of Health and Human Services shall establish incentives to encourage persons who administer immunizations to report as much information as is available to them for inclusion in the immunization information system.

      Sec. 3.  1.  The Department of Health and Human Services shall study the feasibility of offering group purchasing plans to private entities that administer immunizations to allow such private entities to purchase immunizations through the Department at the lowest negotiated rate.

 


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ê2007 Statutes of Nevada, Page 1516 (Chapter 334, AB 410)ê

 

administer immunizations to allow such private entities to purchase immunizations through the Department at the lowest negotiated rate.

      2.  The Department shall report to the Legislative Committee on Health Care the results of its study and any progress it has made toward establishing group purchasing plans for immunizations on or before January 30, 2008, and at such other times as requested by the Legislative Committee on Health Care.

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

________

 

CHAPTER 335, AB 439

Assembly Bill No. 439–Assemblymen Conklin and Kirkpatrick

 

CHAPTER 335

 

AN ACT relating to affordable housing; requiring certain cities and counties to adopt certain measures to implement a housing plan that is included in a master plan and to report their progress in maintaining and developing affordable housing; amending the definition of “affordable housing”; making various changes to the requirements for a master plan relating to affordable housing; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the adoption of a master plan in a county whose population is 400,000 or more (currently Clark County) and requires that the master plan include a housing plan. If a master plan is adopted in a county whose population is 100,000 or more but less than 400,000 (currently Washoe County), the master plan is required to include a housing plan. Under existing law, such a housing plan is required to include a plan for maintaining and developing affordable housing to meet the housing needs of the community. (NRS 278.150, 278.160)

      Section 1.3 of this bill requires the governing body of a city or county that is required to include a housing plan in its master plan, in implementing a plan for maintaining and developing affordable housing to meet the housing needs of the community, to adopt at least 6 of 12 specified measures relating to the maintenance and development of affordable housing in the jurisdiction. Section 1.3 also requires such cities and counties to report annually to the Housing Division of the Department of Business and Industry concerning how such measures assisted the city or county in maintaining and developing affordable housing. The Housing Division is required to submit a compilation of the reports to the Legislature, or to the Legislative Commission if the Legislature is not in session.

      For purposes of the provisions governing land use planning that address affordable housing, existing law defines “affordable housing” to mean housing that is affordable for a family with a total gross income less than 110 percent of the median gross income for the county concerned, based upon estimates by the United States Department of Housing and Urban Development of the most current median gross family income for the county. (NRS 278.0105) Section 2 of this bill decreases the total gross income of a family that is used for determining whether housing is affordable in the definition of “affordable housing” from a total gross income that is less than 110 percent of the median gross income for the relevant county to a total gross income that does not exceed 80 percent of that median gross income, which thereby limits the scope of the provisions governing land use planning that address affordable housing.

 


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ê2007 Statutes of Nevada, Page 1517 (Chapter 335, AB 439)ê

 

less than 110 percent of the median gross income for the relevant county to a total gross income that does not exceed 80 percent of that median gross income, which thereby limits the scope of the provisions governing land use planning that address affordable housing.

      Existing law sets forth the subject matters of a master plan. (NRS 278.160) Section 3 of this bill revises the contents of the housing plan portion of a master plan.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3.  1.  If the governing body of a city or county is required to include a housing plan in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing plan pursuant to subparagraph (8) of paragraph (e) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

      (a) At the expense of the city or county, as applicable, subsidizing in whole or in part impact fees and fees for the issuance of building permits collected pursuant to NRS 278.580.

      (b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.

      (c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.

      (d) Leasing land by the city or county to be used for affordable housing.

      (e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.

      (f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.

      (g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.

      (h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.

      (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented housing developments that would include an affordable housing component.

      (j) Offering density bonuses or other incentives to encourage the development of affordable housing.

      (k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.

 


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ê2007 Statutes of Nevada, Page 1518 (Chapter 335, AB 439)ê

 

      (l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.

      2.  On or before January 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period.

      3.  On or before February 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 2 and transmit the compilation to the Legislature, or the Legislative Commission if the Legislature is not in regular session.

      Sec. 1.7.  (Deleted by amendment.)

      Sec. 2.  NRS 278.0105 is hereby amended to read as follows:

      278.0105  “Affordable housing” means housing affordable for a family with a total gross income [less than 110] that does not exceed 80 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.

      Sec. 3.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

 


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ê2007 Statutes of Nevada, Page 1519 (Chapter 335, AB 439)ê

 

      (d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (e) Housing plan. The housing plan must include, without limitation:

             (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing [.] to individuals and families in the community, regardless of income level.

             (2) An inventory of existing affordable housing in the community [.] , including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

             (3) An analysis of projected growth and the demographic characteristics of the community.

             (4) A determination of the present and prospective need for affordable housing in the community.

             (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

             (6) An analysis of the characteristics of the land that is [the most appropriate for the construction of affordable housing.] suitable for residential development. The analysis must include, without limitation:

                   (I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

                   (II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

             (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

             (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community [.] for a period of at least 5 years.

      (f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

             (1) Must address, if applicable, mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts.

             (2) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

      (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

 


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ê2007 Statutes of Nevada, Page 1520 (Chapter 335, AB 439)ê

 

      (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.

      (j) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

      (k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.

      (l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

      (m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

      (n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      (o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

      (p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

      (q) Transit plan. Showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

      (r) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, and section 1.3 of this act prohibits the preparation and adoption of any such subject as a part of the master plan.

      Secs. 3.5-7.  (Deleted by amendment.)

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ê2007 Statutes of Nevada, Page 1521ê

 

CHAPTER 336, AB 490

Assembly Bill No. 490–Committee on Health and Human Services

 

CHAPTER 336

 

AN ACT relating to mentally ill persons; requiring a court to seal certain records relating to a person admitted to a public or private mental health facility or hospital under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows a person who has been admitted to a mental health facility to file a petition to seal court and clinical records relating to his admission and treatment. (NRS 433A.703) If the court finds that the person has recovered or his illness is in substantial remission, the court must seal all court and clinical records relating to the person’s admission and treatment. (NRS 433A.709) The effect of the sealing of such records is that the person’s admission is deemed never to have occurred and the person may answer any question relating to the admission as if the admission had never occurred. (NRS 433A.711) Section 2 of this bill repeals these provisions relating to petitioning a court to seal court and clinical records. (NRS 433A.701-433A.711)

      Section 1 of this bill requires a court to seal all court records relating to the admission and treatment of a person who has been admitted to a public or private hospital or mental health facility for the purpose of obtaining mental health treatment, either voluntarily or as the result of a noncriminal proceeding. However, under section 1, a court may order the inspection of these records under certain circumstances if the court holds a hearing and the person who is seeking to inspect the records provides notice of the hearing to the person who is the subject of the records. A governmental entity may inspect court records sealed pursuant to section 1 without following these procedures if the governmental entity has made a conditional offer of certain employment concerning public safety to the person and that person provides written consent to the inspection of the records. A court may, upon its own order, inspect records sealed pursuant to section 1 without following these procedures if the records are necessary and relevant for the disposition of a matter pending before the court. The effect of the sealing of such records is that the person’s admission is deemed never to have occurred and the person may answer any question relating to the admission as if the admission had never occurred, except under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 433A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A court shall seal all court records relating to the admission and treatment of any person who was admitted, voluntarily or as the result of a noncriminal proceeding, to a public or private hospital or mental health facility in this State for the purpose of obtaining mental health treatment.

      2.  Except as otherwise provided in subsections 4 and 5, a person or governmental entity that wishes to inspect records that are sealed pursuant to this section must file a petition with the court that sealed the records. Upon the filing of a petition, the court shall fix a time for a hearing of the matter. The petitioner must provide notice of the hearing and a copy of the petition to the person who is the subject of the records. If the person who is the subject of the records wishes to oppose the petition, the person must appear before the court at the hearing.

 


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the subject of the records wishes to oppose the petition, the person must appear before the court at the hearing. If the person appears before the court at the hearing, the court must provide the person an opportunity to be heard on the matter.

      3.  After the hearing described in subsection 2, the court may order the inspection of records that are sealed pursuant to this section if:

      (a) A law enforcement agency must obtain or maintain information concerning persons who have been admitted to a public or private hospital or mental health facility in this State pursuant to state or federal law;

      (b) A prosecuting attorney or an attorney who is representing the person who is the subject of the records in a criminal action requests to inspect the records; or

      (c) The person who is the subject of the records petitions the court to permit the inspection of the records by a person named in the petition.

      4.  A governmental entity is entitled to inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if:

      (a) The governmental entity has made a conditional offer of employment to the person who is the subject of the records;

      (b) The position of employment conditionally offered to the person concerns public safety, including, without limitation, employment as a firefighter or peace officer;

      (c) The governmental entity is required by law, rule, regulation or policy to obtain the mental health records of each individual conditionally offered the position of employment; and

      (d) An authorized representative of the governmental entity presents to the court a written authorization signed by the person who is the subject of the records and notarized by a notary public or judicial officer in which the person who is the subject of the records consents to the inspection of the records.

      5.  Upon its own order, any court of this State may inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if the records are necessary and relevant for the disposition of a matter pending before the court. The court may allow a party in the matter to inspect the records without following the procedure described in subsection 2 if the court deems such inspection necessary and appropriate.

      6.  Following the sealing of records pursuant to this section, the admission of the person who is the subject of the records to the public or private hospital or mental health facility is deemed never to have occurred, and the person may answer accordingly any question related to its occurrence, except in connection with:

      (a) An application for a permit to carry a concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369, inclusive;

      (b) A transfer of a firearm; or

      (c) An application for a position of employment described in subsection 4.

      7.  As used in this section:

      (a) “Firefighter” means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires. As used in this paragraph, “fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

 


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agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (b) “Peace officer” has the meaning ascribed to it in NRS 289.010.

      (c) “Seal” means placing records in a separate file or other repository not accessible to the general public.

      Sec. 2.  NRS 433A.701, 433A.703, 433A.705, 433A.707, 433A.709 and 433A.711 are hereby repealed.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 337, AB 498

Assembly Bill No. 498–Committee on Judiciary

 

CHAPTER 337

 

AN ACT relating to parentage; creating a conclusive presumption of paternity in certain circumstances; expanding the persons authorized to perform certain tests to determine paternity; clarifying that the results of such tests and any sample or specimen taken may be used only for certain purposes; revising certain provisions concerning voluntary acknowledgments of paternity; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that if the results of a blood test or genetic test establish a probability of the alleged father’s paternity of 99 percent or more, the results of such a test create a conclusive presumption of paternity except in certain limited circumstances. (NRS 126.051)

      Sections 4 and 12 of this bill amend existing law to provide that a person designated by the Division of Welfare and Supportive Services of the Department of Health and Human Services, the district attorney or the Attorney General is authorized to perform certain tests for the typing of blood or the taking of specimens for genetic identification in paternity cases. (NRS 126.121, 652.210) Section 4 also clarifies that the results of such tests and any sample or specimen taken may be used only for the purposes specified in chapter 126 of NRS.

      Sections 2 and 7-11 of this bill amend existing law to provide that the mother and father of a child may sign a declaration under penalty of perjury, rather than an affidavit which requires the signature of a notary public, for the voluntary acknowledgment of paternity of a child. (NRS 126.053, 440.280, 440.283, 440.287, 440.325, 449.246)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 126.051 is hereby amended to read as follows:

      126.051  1.  A man is presumed to be the natural father of a child if:

      (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.

 


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ê2007 Statutes of Nevada, Page 1524 (Chapter 337, AB 498)ê

 

      (b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.

      (c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or

             (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.

      (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.

      [(e) Blood]

      2.  A conclusive presumption that a man is the natural father of a child is established if tests for the typing of blood or tests for genetic identification made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father [.] except that the presumption may be rebutted if he establishes that he has an identical sibling who may be the father.

      [2.] 3.  A presumption under [this section] subsection 1 may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

      Sec. 2.  NRS 126.053 is hereby amended to read as follows:

      126.053  1.  After the expiration of the period described in subsection 2, [an affidavit] a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the [affidavit] declaration is signed in this or any other state by the mother and father of the child. [An affidavit] A declaration for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this State before the [affidavit] declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

      2.  A person who signs an acknowledgment of paternity in this State may rescind the acknowledgment:

      (a) Within 60 days after the acknowledgment is signed by both persons; or

      (b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,

Ê whichever occurs earlier.

      3.  After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact.

 


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ê2007 Statutes of Nevada, Page 1525 (Chapter 337, AB 498)ê

 

fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.

      4.  Except upon a showing of good cause, a person’s obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity.

      Sec. 3.  NRS 126.101 is hereby amended to read as follows:

      126.101  1.  The child must be made a party to the action. If he is a minor, he must be represented by his general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. If a district attorney brings an action pursuant to NRS 125B.150 and the interests of the child:

      (a) Are adequately represented by the appointment of the district attorney as his guardian ad litem, the district attorney shall act as guardian ad litem for the child without the need for court appointment.

      (b) Are not adequately represented by the appointment of the district attorney as his guardian ad litem, the Division of Welfare and Supportive Services of the Department of Health and Human Services must be appointed as guardian ad litem in the case.

      2.  The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 2 or 3 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.

      3.  The court may align the parties.

      Sec. 4.  NRS 126.121 is hereby amended to read as follows:

      126.121  1.  The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. The results of the test and any sample or specimen taken may be used only for the purposes specified in this chapter. Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.

      2.  If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.

      3.  The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories.

      4.  In all cases, the court shall determine the number and qualifications of the experts and laboratories.

 


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ê2007 Statutes of Nevada, Page 1526 (Chapter 337, AB 498)ê

 

      5.  As used in this section:

      (a) “Designated person” means a person who is:

             (1) Properly trained to take samples or specimens for tests for the typing of blood and genetic identification; and

             (2) Designated by an enforcing authority to take such samples or specimens.

      (b) “Enforcing authority” means the Division of Welfare and Supportive Services of the Department of Health and Human Services, its designated representative, a district attorney or the Attorney General when acting pursuant to NRS 425.380.

      Sec. 5.  NRS 128.150 is hereby amended to read as follows:

      128.150  1.  If a mother relinquishes or proposes to relinquish for adoption a child who has:

      (a) A presumed father [under subsection 1 of] pursuant to NRS 126.051;

      (b) A father whose relationship to the child has been determined by a court; or

      (c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction,

Ê and the father has not consented to the adoption of the child or relinquished the child for adoption, a proceeding must be brought pursuant to this chapter and a determination made of whether a parent and child relationship exists and if so, if it should be terminated.

      2.  If a mother relinquishes or proposes to relinquish for adoption a child who does not have:

      (a) A presumed father [under subsection 1 of] pursuant to NRS 126.051;

      (b) A father whose relationship to the child has been determined by a court;

      (c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction; or

      (d) A father who can be identified in any other way,

Ê or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having custody of the child, shall file a petition in the district court to terminate the parental rights of the father, unless the father’s relationship to the child has been previously terminated or determined not to exist by a court.

      3.  In an effort to identify and protect the interests of the natural father, the court which is conducting a proceeding pursuant to this chapter shall cause inquiry to be made of the mother and any other appropriate person. The inquiry must include the following:

      (a) Whether the mother was married at the time of conception of the child or at any time thereafter.

      (b) Whether the mother was cohabiting with a man at the time of conception or birth of the child.

      (c) Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.

      (d) Whether any man has formally or informally acknowledged or declared his possible paternity of the child.

      4.  If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each must be given notice of the proceeding in accordance with subsection 6 of this section or with this chapter, as applicable.

 


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ê2007 Statutes of Nevada, Page 1527 (Chapter 337, AB 498)ê

 

this section or with this chapter, as applicable. If any of them fails to appear or, if appearing, fails to claim custodial rights, such failure constitutes abandonment of the child. If the natural father or a man representing himself to be the natural father, claims custodial rights, the court shall proceed to determine custodial rights.

      5.  If, after the inquiry, the court is unable to identify the natural father or any possible natural father and no person has appeared claiming to be the natural father and claiming custodial rights, the court shall enter an order terminating the unknown natural father’s parental rights with reference to the child. Subject to the disposition of any appeal, upon the expiration of 6 months after an order terminating parental rights is issued under this subsection, or this chapter, the order cannot be questioned by any person in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice or lack of jurisdiction of the parties or of the subject matter.

      6.  Notice of the proceeding must be given to every person identified as the natural father or a possible natural father in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process in a civil action, or in any manner the court directs. Proof of giving the notice must be filed with the court before the petition is heard.

      Sec. 6.  NRS 425.345 is hereby amended to read as follows:

      425.345  To the extent they are not inconsistent with the provisions of this chapter, the provisions of chapters 31A, 125B and 126 of NRS apply to [a hearing held] any action taken pursuant to the provisions of this chapter.

      Sec. 7.  NRS 440.280 is hereby amended to read as follows:

      440.280  1.  If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or his designated representative shall complete and sign the certification.

      2.  If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority:

      (a) The physician in attendance at or immediately after the birth.

      (b) Any other person in attendance at or immediately after the birth.

      (c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.

      3.  If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.

      4.  In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation.

      5.  If the mother was:

      (a) Married at the time of birth, the name of her husband must be entered on the certificate as the father of the child unless:

             (1) A court has issued an order establishing that a person other than the mother’s husband is the father of the child; or

 


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ê2007 Statutes of Nevada, Page 1528 (Chapter 337, AB 498)ê

 

             (2) The mother and a person other than the mother’s husband have signed [an affidavit] a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

      (b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child unless:

             (1) A court has issued an order establishing that a person other than the mother’s husband at the time of conception is the father of the child; or

             (2) The mother and a person other than the mother’s husband at the time of conception have signed [an affidavit] a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

      6.  If the mother was unmarried at the time of birth, the name of the father may be entered on the original certificate of birth only if:

      (a) The provisions of paragraph (b) of subsection 5 are applicable;

      (b) A court has issued an order establishing that the person is the father of the child; or

      (c) The mother and father of the child have signed [an affidavit] a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283. If both the father and mother execute [an affidavit] a declaration consenting to the use of the surname of the father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child.

      7.  An order entered or [an affidavit] a declaration executed pursuant to subsection 6 must be submitted to the local health officer, his authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or [affidavit] declaration must then be delivered to the State Registrar for filing. The State Registrar’s file of orders and [affidavits] declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of the father or mother or the Division of Welfare and Supportive Services of the Department of Health and Human Services as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter.

      8.  As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.

      Sec. 8.  NRS 440.283 is hereby amended to read as follows:

      440.283  1.  The Board shall:

      (a) Develop [an affidavit] a declaration to be signed under penalty of perjury for the voluntary acknowledgment of paternity in this State that complies with the requirements prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a); and

      (b) Distribute the [affidavits] declarations to:

             (1) Each hospital or obstetric center in this State; and

             (2) Any other entity authorized to provide services relating to the voluntary acknowledgment of paternity pursuant to the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

      2.  Subject to the provisions of subsection 3, the State Registrar of Vital Statistics and the entities described in paragraph (b) of subsection 1 shall offer to provide services relating to the voluntary acknowledgment of paternity in the manner prescribed in the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

 


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ê2007 Statutes of Nevada, Page 1529 (Chapter 337, AB 498)ê

 

offer to provide services relating to the voluntary acknowledgment of paternity in the manner prescribed in the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

      3.  Before providing [an affidavit] a declaration for the acknowledgment of paternity to the mother of a child or a person who wishes to acknowledge the paternity of the child, the agencies described in paragraph (b) of subsection 1 shall ensure that the mother and the person who wishes to acknowledge paternity are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the [affidavit] declaration for the acknowledgment of paternity.

      Sec. 9.  NRS 440.287 is hereby amended to read as follows:

      440.287  1.  If a mother or a person who has signed [an affidavit] a declaration for the voluntary acknowledgment of paternity with the mother rescinds the acknowledgment pursuant to subsection 2 of NRS 126.053, the State Registrar shall not issue a new certificate of birth to remove the name of the person who originally acknowledged paternity unless a court issues an order establishing that the person who acknowledged paternity is not the father of the child.

      2.  As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.

      Sec. 10.  NRS 440.325 is hereby amended to read as follows:

      440.325  1.  In the case of the paternity of a child being established by the:

      (a) Mother and father acknowledging paternity of a child by signing [an affidavit] a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283; or

      (b) Order of a district court,

Ê the State Registrar, upon the receipt of the [affidavit] declaration or court order, shall prepare a new certificate of birth in the name of the child as shown in the [affidavit] declaration or order with no reference to the fact of legitimation.

      2.  The new certificate must be identical with the certificate registered for the birth of a child born in wedlock.

      3.  Except as otherwise provided in subsection 4, the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

      4.  The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the [affidavit] declaration or order upon which the new certificate was made with the information maintained pursuant to 42 U.S.C. § 654a.

      Sec. 11.  NRS 449.246 is hereby amended to read as follows:

      449.246  1.  Before discharging an unmarried woman who has borne a child, a hospital or obstetric center shall provide to the child’s mother and father:

      (a) The opportunity to sign, in the hospital, [an affidavit] a declaration for the voluntary acknowledgment of paternity developed pursuant to NRS 440.283;

      (b) Written materials about establishing paternity;

 


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ê2007 Statutes of Nevada, Page 1530 (Chapter 337, AB 498)ê

 

      (c) The forms necessary to acknowledge paternity voluntarily;

      (d) A written description of the rights and responsibilities of acknowledging paternity; and

      (e) The opportunity to speak by telephone with personnel of the program for enforcement of child support who are trained to clarify information and answer questions about the establishment of paternity.

      2.  The Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services shall adopt the regulations necessary to ensure that the services provided by a hospital or obstetric center pursuant to this section are in compliance with the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).

      Sec. 12.  NRS 652.210 is hereby amended to read as follows:

      652.210  [No]

      1.  Except as otherwise provided in subsection 2 and NRS 126.121, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a licensed physician assistant, a certified osteopathic physician’s assistant, a certified intermediate emergency medical technician, a certified advanced emergency medical technician, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens . [, except that]

      2.  The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

________

 


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ê2007 Statutes of Nevada, Page 1531ê

 

CHAPTER 338, AB 514

Assembly Bill No. 514–Committee on Government Affairs

 

CHAPTER 338

 

AN ACT relating to the City of Las Vegas; making various changes to the powers of the City Council; making various other changes to the Charter of the City of Las Vegas; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that the City Council of the City of Las Vegas has the power to adopt necessary and proper ordinances for the development and provision of affordable housing, but prohibits the imposition or increase of a tax by the City Council for those purposes unless otherwise authorized by specific statute.

      Section 3 of this bill provides that the City Council has the power to adopt necessary and proper ordinances for the development and provision of employment and training programs, but prohibits the imposition or increase of a tax by the City Council for those purposes unless otherwise authorized by specific statute.

      Section 4 of this bill provides for the appointment of Hearing Commissioners by the City Council to hear and decide certain misdemeanor actions.

      Section 8 of this bill amends the time by which a proposed ordinance must be adopted or rejected by the City Council from 30 days to 60 days. (Las Vegas City Charter § 2.110)

      Section 9 of this bill authorizes the City Council to adopt an alternative procedure for a person to appeal the denial, suspension or revocation of a work permit or an identification card. (Las Vegas City Charter § 2.130)

      Section 10.3 of this bill requires the City Manager to appoint a City Treasurer, subject to ratification by the City Council. (Las Vegas City Charter § 3.070)

      Section 11 of this bill eliminates a requirement that the City Treasurer perform duties designated by the Director of Financial Management, and instead requires the City Treasurer to perform duties that may be prescribed by ordinance by the City Council or designated by the City Manager. (Las Vegas City Charter § 3.150)

      Section 12 of this bill removes the requirement that the Director of Public Services be a licensed professional engineer. (Las Vegas City Charter § 3.190)

      Existing law provides that a Master Judge must be selected on the basis of seniority. (Las Vegas City Charter § 4.020) Section 13 of this bill provides that the Municipal Judges shall elect the Master Judge from among their own number to serve for a 2-year term. In the event of a tie vote, the tie is to be decided by the drawing of lots.

      Section 14 of this bill provides that the City Council may determine that the System of Civil Service must be administered by a Board of Civil Service Trustees. (Las Vegas City Charter § 10.010)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 2.145, immediately following section 2.140, to read as follows:

      Sec. 2.145  Powers of City Council: Affordable Housing.

      1.  Except as otherwise provided in subsection 2 and in addition to any other powers authorized by specific statute, the City Council may exercise such powers and enact such ordinances, not in conflict with the laws of this State, as the City Council determines are necessary and proper for the development and provision of affordable housing.

 


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may exercise such powers and enact such ordinances, not in conflict with the laws of this State, as the City Council determines are necessary and proper for the development and provision of affordable housing.

      2.  The City Council shall not impose or increase a tax for the purposes set forth in subsection 1 unless the tax or increase is otherwise authorized by specific statute.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  The Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 3.300, immediately following section 3.290, to read as follows:

      Sec. 3.300  Programs: Employment and Training.

      1.  Except as otherwise provided in subsection 2 and in addition to any other powers authorized by specific statute, the City Council may exercise such powers and enact such ordinances, not in conflict with the laws of this State, as the City Council determines are necessary and proper for the development and provision of programs relating to employment and training.

      2.  The City Council shall not impose or increase a tax for the purposes set forth in subsection 1 unless the tax or increase is otherwise authorized by specific statute.

      Sec. 4.  The Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 4.040, immediately following section 4.030, to read as follows:

      Sec. 4.040  Hearing Commissioners.

      1.  The City Council may appoint one or more Hearing Commissioners to hear and decide:

      (a) Any action for a misdemeanor constituting a violation of chapter 484 of NRS, except NRS 484.379; and

      (b) Any action for a misdemeanor constituting a violation of the Las Vegas Municipal Code, except chapter 11.14 of that Code.

      2.  Each Hearing Commissioner must:

      (a) Be a duly licensed member, in good standing, of the State Bar of Nevada;

      (b) Be a resident of the State;

      (c) Be a qualified elector in the City;

      (d) Have been a bona fide resident of the City for not less than 1 year next preceding his appointment; and

      (e) Not have ever been removed or retired from any judicial office by the Commission on Judicial Discipline.

      3.  In connection with any action of a type described in subsection 1, a Hearing Commissioner has all the powers and duties of a Municipal Judge and a magistrate pursuant to the laws of this State. To the extent possible and practicable, the proceedings in such actions must be subject to and governed by the provisions of the laws of this State, this Charter and city ordinances pertaining to Municipal Judges.

      4.  Hearing Commissioners shall receive such compensation as may be allowed by the City Council.

 


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      Sec. 5.  Section 1.160 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 515, Statutes of Nevada 1997, at page 2451, is hereby amended to read as follows:

      Sec. 1.160  Elective Offices: Vacancies.

      1.  A vacancy in the office of Mayor, Councilman or Municipal Judge must be filled by the majority vote of the entire City Council within 30 days after the occurrence of that vacancy. A person may be selected to fill a prospective vacancy [in the City Council] before the vacancy occurs. In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official [.] , including, without limitation, any applicable residency requirement.

      2.  No appointment extends beyond the first regular meeting of the City Council that follows the next general municipal election, at that election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the City Council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  Section 2.040 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1394, is hereby amended to read as follows:

      Sec. 2.040  Mayor and Councilmen not to hold other office.

      1.  The Mayor and Councilmen may not:

      (a) Hold any other elective office of the State or any political subdivision of the State or any other employment with the County or the City, except as is provided by law or as a member of a board or commission for which no compensation is received.

      (b) Be [elected or] appointed to any office which was created, or the compensation for which was increased or fixed, by the City Council until 1 year after the expiration of the term for which the Mayor or Councilman was elected or appointed.

      2.  Any person who [accepts any office which is proscribed by] violates the provisions of subsection 1 automatically forfeits his office as Mayor or Councilman.

      Sec. 8.  Section 2.110 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 568, Statutes of Nevada 1991, at page 1882, is hereby amended to read as follows:

      Sec. 2.110  Ordinances: Procedure for enactment; emergency ordinances.

      1.  All proposed ordinances, when they are first proposed, must be read to the City Council by title and may be referred for consideration to a committee which is composed of any number of members of the City Council who are designated by the Mayor, after which an adequate number of copies of the proposed ordinance must be deposited with the City Clerk for public examination and distribution upon request. Except as otherwise provided in subsection 3 and for the adoption of specialized or uniform codes, notice of the deposit must be published once at least 10 days before the adoption of the ordinance.

 


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subsection 3 and for the adoption of specialized or uniform codes, notice of the deposit must be published once at least 10 days before the adoption of the ordinance. The City Council must adopt or reject the ordinance, or an amendment thereto, within [30] 60 days after the date of that publication. A committee described in this subsection shall meet as often as is reasonably necessary but not less frequently than once each calendar quarter.

      2.  [At the first regular meeting of the City Council, or any adjournment of that meeting, after the proposal of an ordinance and its reference to a committee, the committee must report to the City Council with respect to the proposed ordinance, at which time the committee may request additional time to consider it. The committee must complete its additional consideration of the proposed ordinance and report its recommendations to the board with the 30-day period which is specified in subsection 1. After a recommendation by the committee for the adoption of the proposed ordinance, the] Following the first reading by title, an ordinance that has been referred pursuant to subsection 1 must be considered by the committee. Such committee must report its recommendations, if any, to the City Council. Regardless of whether a proposed ordinance is referred to a committee pursuant to subsection 1, it must be read by title as first introduced, or as amended, and finally voted upon or action thereon postponed, but the proposed ordinance must be adopted, with or without amendments, or rejected within [30] 60 days after the date of the publication which is provided for in subsection 1.

      3.  In cases of emergency or where the ordinance is of a kind whose enactment as if an emergency existed is permitted by a provision of NRS or section 7.020 or 8.210 of this Charter, final action, upon the unanimous vote of the entire City Council, may be taken immediately or at a special meeting which has been called for that purpose, and no notice of the filing of copies of the proposed ordinance with the City Clerk need be published.

      4.  Each ordinance must be signed by the Mayor, attested by the City Clerk and published at least once by title, together with the names of the members of the City Council who voted for or against its adoption, and the ordinance becomes effective on the day after that publication. The City Council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The City Clerk shall record all ordinances which have been adopted in a register which is kept for that purpose, together with the affidavits of publication by the publisher.

      Sec. 9.  Section 2.130 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1398, is hereby amended to read as follows:

      Sec. 2.130  Powers of City Council: Denial, suspension or revocation of work permit; appeal to City Council [.] ; alternative procedure established by City Council. Whenever under any city ordinance a person is required to obtain a work permit or an identification card from the Sheriff of the Las Vegas Metropolitan Police Department or any City officer as a condition of employment in any establishment which has been determined to be privileged by the City Council and licensed by the City, and his work permit or identification card is denied, suspended or revoked by the Sheriff or City officer, the person aggrieved may [appeal from that action to the City Council] , by filing a written notice of appeal with the City Clerk within 10 days after the date of the denial, suspension or revocation of his work permit or identification card [.]

 


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identification card is denied, suspended or revoked by the Sheriff or City officer, the person aggrieved may [appeal from that action to the City Council] , by filing a written notice of appeal with the City Clerk within 10 days after the date of the denial, suspension or revocation of his work permit or identification card [.] , appeal from that action to:

      1.  The City Council, unless the City Council has designated an administrative body pursuant to paragraph (b); or

      2.  Any administrative body that the City Council has designated to hear such appeals. If such an administrative body denies a person’s appeal, the person may appeal to the City Council.

      Sec. 10.  (Deleted by amendment.)

      Sec. 10.3.  Section 3.070 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 45, Statutes of Nevada 1991, at page 93, is hereby amended to read as follows:

      Sec. 3.070  Appointive officers: Appointment by City Manager.  The City Manager shall appoint the following officers, subject to ratification by the City Council:

      1.  Director of Financial Management.

      2.  Director of Public Services.

      3.  Fire Chief.

      4.  City Clerk.

      5.  City Treasurer.

      6.  A Director of each department which is established pursuant to section 3.060 of this Charter.

      [6.] 7.  Such other officers as may be necessary.

      Sec. 10.5.  Section 3.140 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1409, is hereby amended to read as follows:

      Sec. 3.140  Department of Financial Management: Audits.

      1.  The Department of Financial Management shall maintain complete records of all fiscal transactions of and claims against the City.

      2.  Before payment, all claims and accounts against the City must be approved by the Department of Financial Management. No money may be paid for any purpose except by following procedures which have been approved by the City Council. The City Treasurer shall prepare all warrants, to be drawn against the proper accounts, in payment of those claims. The warrants which are issued must bear the signatures of the Director of Financial Management and the City Treasurer . [, if any.] Facsimile signatures may be permitted under the procedures which are prescribed by ordinance.

      Sec. 11.  Section 3.150 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1409, is hereby amended to read as follows:

      Sec. 3.150  City Treasurer: Duties.

      [1.  The Director of Financial Management may recommend for appointment by the City Manager a City Treasurer.]

      [2.]  The City Treasurer:

      [(a)] 1.  Shall perform such duties as may be [designated by the Director of Financial Management or] prescribed by ordinance [.] or designated by the City Manager pursuant to section 3.180.

 


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      [(b)] 2.  Must provide a surety bond in the amount which is fixed by the City Council.

      Sec. 12.  Section 3.190 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1410, is hereby amended to read as follows:

      Sec. 3.190  Director of Public Services: Qualifications.  The Director of Public Services must [be a licensed professional engineer in the State and] have such [other] qualifications as may be prescribed by ordinance.

      Sec. 13.  Section 4.020 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 127, Statutes of Nevada 1989, at page 283, is hereby amended to read as follows:

      Sec. 4.020  Municipal Court: Qualifications of Municipal Judges; salary; Master Judge; departments; Alternate Judges.

      1.  Each Municipal Judge shall devote his full time to the duties of his office and must be:

      (a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any Municipal Judge who is an incumbent when this Charter becomes effective as long as he continues to serve as such in uninterrupted terms.

      (b) A qualified elector who has resided within the territory which is established by the boundaries of the City for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he is a candidate.

      (c) Voted upon by the registered voters of the City at large.

      2.  The salary of the Municipal Judges must be fixed by ordinance and be uniform for all departments of the Municipal Court. The salary may be increased during the terms for which the Judges are elected or appointed.

      3.  [The Municipal Judge who holds seniority in years of service in office, either elected or appointed, is the Master Judge. If two or more Judges are equal in seniority, the] The Municipal Judges of the six departments shall elect a Master Judge [must be chosen] from among [them by the City Council.] their number. The Master Judge shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the position of Master Judge, the Municipal Judges shall elect a replacement for the remainder of the unexpired term. If two or more Municipal Judges receive an equal number of votes for the position of Master Judge, the candidates who have received the tie votes shall resolve the tie vote by the drawing of lots. The Master Judge:

      (a) Shall establish and enforce administrative regulations for governing the affairs of the Municipal Court.

      (b) Is responsible for setting trial dates and other matters which pertain to the Court calendar.

      (c) Shall perform such other Court administrative duties as may be required by the City Council.

      4.  Alternate Judges in sufficient numbers may be appointed annually by the Mayor, each of whom:

 


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      (a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.

      (b) Has all of the powers and jurisdiction of a Municipal Judge while he is acting as such.

      (c) Is entitled to such compensation as may be fixed by the City Council.

      5.  Any Municipal Judge, other than an Alternate Judge, automatically forfeits his office if he ceases to be a resident of the City.

      Sec. 14.  Section 10.010 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 45, Statutes of Nevada 1991, at page 95, is hereby amended to read as follows:

      Sec. 10.010  Civil Service.

      1.  There is hereby created a System of Civil Service which is applicable to and governs all of the employees of the City except the elected officials, persons who serve as members of boards, commissioners or committees for which no compensation is received, the City Manager, the City Attorney, persons who are appointed pursuant to sections 3.040 and 3.070 of this Charter, persons who hold such probationary, provisional or temporary appointments as are designated in the Civil Service rules, Alternate Judges and persons who hold such other positions as are designated by the City Council.

      2.  The City Council may determine that the System of Civil Service must be administered by a Board of Civil Service Trustees which is composed of five members who are appointed by the City Council for terms of 4 years.

      3.  The City Council shall adopt by ordinance [, following their approval by the Board of Civil Service Trustees,] a codification of the rules which govern the System of Civil Service and may from time to time amend those rules . [by ordinance upon the recommendation of the] If the System of Civil Service is administered by a Board of Civil Service Trustees [. Those] , the rules which govern the System of Civil Service, and any amendments thereto, must be reviewed by the Board before the City Council adopts them.

      4.  The rules which govern the System of Civil Service must provide for:

      (a) The examination of potential employees;

      (b) Recruitment and placement procedures;

      (c) The classification of positions;

      (d) Procedures for the promotion of employees;

      (e) Procedures for disciplinary actions against, and the discharge of, employees;

      (f) Appeals with respect to actions which are taken pursuant to paragraphs (d) and (e);

      (g) The acceptance and processing of citizens’ complaints against employees; and

      (h) Such other matters , if any, as the Board of Civil Service Trustees or the City Council deems are necessary or appropriate.

      [4.] 5.  Copies of the rules of the System of Civil Service must be made available to all of the employees of the City.

 


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      Sec. 15.  1.  This section becomes effective upon passage and approval.

      2.  Section 13 of this act becomes effective upon passage and approval for the purpose of electing a Master Judge and on July 1, 2007, for all other purposes.

      3.  Sections 1 to 12, inclusive, and 14 of this act become effective on July 1, 2007.

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CHAPTER 339, AB 558

Assembly Bill No. 558–Committee on Government Affairs

 

CHAPTER 339

 

AN ACT relating to land use planning; providing that governing bodies may not accept certain land use applications if the applications are incomplete; requiring governing bodies to describe the additional information required to make such an application complete; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the governing bodies of cities and counties to regulate and restrict land use within their jurisdictions. (NRS 278.020) Section 1 of this bill provides that governing bodies may not accept land use applications if the applications are incomplete. Section 1 also requires governing bodies, when returning incomplete applications, to: (1) describe to the applicant the additional information required; and (2) if requested by the applicant, provide a copy of the relevant provision of the ordinance, resolution or regulation that requires the additional information or explain why the additional information is necessary.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any application submitted to a governing body or its designee that concerns any matter relating to land use planning pursuant to NRS 278.010 to 278.630, inclusive, or any ordinance, resolution or regulation adopted pursuant thereto, may not be accepted by the governing body or its designee if the application is incomplete.

      2.  The governing body or its designee shall, within 3 working days after receiving an application of the type described in subsection 1:

      (a) Review the application for completeness;

      (b) Accept the application if the governing body or its designee finds that the application is complete or return the application if the governing body or its designee finds that the application is incomplete; and

      (c) If the governing body or its designee returns the application:

             (1) Provide to the applicant a description of the additional information required; and

 


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             (2) If requested by the applicant, provide to the applicant a copy of the relevant provision of the ordinance, resolution or regulation which specifically requires the additional information or an explanation of why the additional information is necessary.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

________

 

CHAPTER 340, AB 562

Assembly Bill No. 562–Committee on Commerce and Labor

 

CHAPTER 340

 

AN ACT relating to real estate; revising provisions governing persons regulated by the Real Estate Division of the Department of Business and Industry; imposing certain notification requirements on such persons; authorizing the limited disclosure of certain confidential information; increasing the maximum administrative fines that may be imposed for certain violations; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Real Estate Division of the Department of Business and Industry is responsible for regulating various persons who work in the real estate industry in this State. (Chapters 116A, 119, 119A, 119B, 645, 645C and 645D of NRS) Sections 1, 9, 13, 15, 19, 23 and 27 of this bill require that persons regulated under those chapters notify the Division in writing if they are convicted of, or enter a plea of guilty or nolo contendere to, certain crimes. Sections 5, 10, 14, 16, 18, 22 and 26 of this bill provide that certain confidential information concerning complaints filed against such persons and investigations of those complaints may be disclosed for certain limited purposes, including disclosure as necessary to administer certain statutory provisions or to a licensing board or a law enforcement or other governmental agency that is investigating such persons. Sections 6 and 12 of this bill increase the maximum administrative fines that may be imposed for certain violations.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A licensee, property manager or owner-developer shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to:

      (a) A felony relating to the practice of the licensee, property manager or owner-developer; or

      (b) Any crime involving fraud, deceit, misrepresentation or moral turpitude.

 


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      2.  A licensee, property manager or owner-developer shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere; and

      (b) When submitting an application to renew a license, permit or registration issued pursuant to this chapter.

      Sec. 2.  NRS 645.440 is hereby amended to read as follows:

      645.440  1.  If the Division, after an application for a license in proper form has been filed with it, accompanied by the proper fee, denies an application, the Division shall give notice of the [fact] denial to the applicant within 15 days after its ruling, order or decision.

      2.  Upon written request from the applicant, filed within 30 days after receipt of that notice by the applicant, the President of the Commission shall set the matter for a hearing to be conducted [within 90 days] at the next meeting of the Commission held pursuant to NRS 645.150 after receipt of the applicant’s request if the request is received at least 20 days before the meeting and contains allegations which, if true, qualify the applicant for a license.

      3.  The hearing must be held at such time and place as the Commission prescribes. At least 15 days before the date set for the hearing, the Division shall notify the applicant and shall accompany the notification with an exact copy of any protest filed, together with copies of all communications, reports, affidavits or depositions in the possession of the Division relevant to the matter in question. Written notice of the hearing may be served by delivery personally to the applicant, or by mailing it by certified mail to the last known address of the applicant.

      4.  The hearing may be held by the Commission or by a majority of its members, and a hearing must be held, if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the Division of the reasonable cost of transcription.

      5.  The Commission shall render a written decision on any appeal within 60 days after the final hearing and shall notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.

      6.  If an applicant has made a false statement of material fact on his application, the false statement may in itself be sufficient ground for refusal of a license.

      Sec. 3.  NRS 645.575 is hereby amended to read as follows:

      645.575  1.  The Commission shall adopt regulations that prescribe the standards for the continuing education of persons licensed pursuant to this chapter. [Until the Commission adopts such regulations, the standards for continuing education are as follows:

      (a) For renewal of a license which is on active status, a requirement for the hours of attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours within the first year immediately after initial licensing; and

             (2) Fifteen hours within each subsequent 2-year period before renewal.

Ê For each period, at least 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.

 


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      (b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:

             (1) Thirty hours if the license was on inactive status for 2 years or less during the initial license period;

             (2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period;

             (3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period; or

             (4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.

Ê For each period, at least 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.

      (c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.

      (d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of paragraph (a) or (b).

      (e) A system of controlling and reporting qualifying attendance.

      (f) A statement of the conditions for which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.]

      2.  The standards [prescribed in] adopted pursuant to subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The Commission shall qualify only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college. Subject to the provisions of this section, the Commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.

      3.  In addition to any other standards for continuing education that the Commission adopts by regulation pursuant to this section, the Commission may, without limitation, adopt by regulation standards for continuing education that:

      (a) Establish a postlicensing curriculum of continuing education which must be completed by a person within the first year immediately after initial licensing of the person.

      (b) Require a person whose license as a real estate broker or real estate broker-salesman has been placed on inactive status for any reason for 1 year or more or has been suspended or revoked to complete a course of instruction in broker management that is designed to fulfill the educational requirements for issuance of a license which are described in paragraph (d) of subsection 2 of NRS 645.343, before the person’s license is reissued or reinstated.

      4.  Except as otherwise provided in this subsection, the license of a real estate broker, broker-salesman or salesman must not be renewed or reinstated unless the Administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

 


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operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

      Sec. 4.  NRS 645.6052 is hereby amended to read as follows:

      645.6052  1.  A person who is licensed pursuant to this chapter as a real estate broker, real estate broker-salesman or real estate salesman may apply to the Real Estate Division for a permit to engage in property management.

      2.  An applicant for a permit must:

      (a) Furnish proof satisfactory to the Division that he has successfully completed at least 24 classroom hours of instruction in property management; and

      (b) Comply with all other requirements established by the Commission for the issuance of a permit.

      3.  A permit expires, and may be renewed, at the same time as the license of the holder of the permit.

      4.  An applicant for the renewal of a permit must:

      (a) Furnish proof satisfactory to the Division that he has successfully completed at least 3 of the hours of the continuing education required for the renewal of his license pursuant to the regulations adopted by the Commission pursuant to NRS 645.575 in an approved educational course, seminar or conference concerning property management; and

      (b) Comply with all other requirements established by the Commission for the renewal of a permit.

      5.  The Commission may adopt such regulations as it determines are necessary to carry out the provisions of this section. The regulations may, without limitation:

      (a) Establish additional requirements for the issuance or renewal of a permit.

      (b) Establish fees for the issuance and renewal of a permit and fees to pay the costs of:

             (1) Any examination for a permit, including any costs which are necessary for the administration of such an examination.

             (2) Any investigation of an applicant’s background.

      (c) Set forth standards of education for the approval of a course of instruction to qualify an applicant for a permit.

      Sec. 5.  NRS 645.625 is hereby amended to read as follows:

      645.625  1.  Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential [.] and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a license, permit or registration issued pursuant to this chapter.

      2.  A complaint or other document filed with the Commission to initiate disciplinary action and all documents and information considered by the Commission when determining whether to impose discipline are public records.

 


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ê2007 Statutes of Nevada, Page 1543 (Chapter 340, AB 562)ê

 

      Sec. 6.  NRS 645.630 is hereby amended to read as follows:

      645.630  1.  The Commission may require a licensee, property manager or owner-developer to pay an administrative fine of not more than [$5,000] $10,000 for each violation he commits or suspend, revoke, deny the renewal of or place conditions upon his license, permit or registration, or impose any combination of those actions, at any time if the licensee, property manager or owner-developer has, by false or fraudulent representation, obtained a license, permit or registration, or the licensee, property manager or owner-developer, whether or not acting as such, is found guilty of:

      (a) Making any material misrepresentation.

      (b) Making any false promises of a character likely to influence, persuade or induce.

      (c) Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.

      (d) Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

      (e) Failing to maintain, for review and audit by the Division, each brokerage agreement and property management agreement governed by the provisions of this chapter and entered into by the licensee.

      (f) Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.

      (g) If he is required to maintain a trust account:

             (1) Failing to balance the trust account at least monthly; and

             (2) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.

      (h) Commingling the money or other property of his clients with his own or converting the money of others to his own use.

      (i) In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

      (j) Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.

      (k) Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.

      (l) Inducing any party to a brokerage agreement, property management agreement, agreement of sale or lease to break it in order to substitute a new brokerage agreement, property management agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.

      2.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 7.  NRS 645.685 is hereby amended to read as follows:

      645.685  1.  The licensee, permittee or owner-developer shall file an answer to the charges with the Commission [no] not later than 30 days after service of the notice and other documents described in subsection 4 of NRS 645.680.

 


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ê2007 Statutes of Nevada, Page 1544 (Chapter 340, AB 562)ê

 

NRS 645.680. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee, permittee or owner-developer will rely. If no answer is filed within the [time limit] period described in this subsection, the Division may, after notice to the licensee, permittee or owner-developer served in the manner authorized in subsection 5 of NRS 645.680, move the Commission for the entry of a default against the licensee, permittee or owner-developer.

      2.  The answer may be served by delivery to the Commission, or by mailing the answer by certified mail to the principal office of the Division.

      3.  No proceeding to suspend, revoke or deny the renewal of any license or registration of an owner-developer may be maintained unless it is commenced by the giving of notice to the licensee, permittee or owner-developer within [3 years of the time] 5 years after the date of the act charged, whether of commission or omission, except:

      (a) If the charges are based upon a misrepresentation, or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and

      (b) Whenever any action or proceeding is instituted to which the Division, licensee, permittee or owner-developer is a party and which involves the conduct of the licensee, permittee or owner-developer in the transaction with which the charges are related, the running of the [3-year] 5-year period with respect to the institution of a proceeding pursuant to this chapter to suspend, revoke or deny the renewal of the license, permit or registration is suspended during the pendency of the action or proceeding.

      Sec. 8.  NRS 645.863 is hereby amended to read as follows:

      645.863  1.  A person who is licensed as a real estate broker, real estate broker-salesman or real estate salesman pursuant to this chapter may apply to the Real Estate Division for a permit to engage in business as a business broker.

      2.  An applicant for a permit must:

      (a) Provide proof satisfactory to the Real Estate Division that he has successfully completed at least 24 hours of [classroom] instruction relating to business brokerage; and

      (b) Comply with any other requirements for the issuance of a permit established by the Commission.

      3.  A permit expires on the same date as the license of the holder of the permit expires. A permit may be renewed at the time that a person licensed pursuant to this chapter applies for renewal of his license.

      4.  An applicant for the renewal of a permit must:

      (a) Provide proof satisfactory to the Real Estate Division that he has successfully completed at least 3 hours of continuing education required for the renewal of his license pursuant to the regulations adopted by the Commission pursuant to NRS 645.575 in an approved educational course, seminar or conference relating to business brokerage.

      (b) Comply with any other requirements for renewal of a permit established by the Commission.

      5.  The Commission shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations must include, without limitation, provisions that establish:

 


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ê2007 Statutes of Nevada, Page 1545 (Chapter 340, AB 562)ê

 

      (a) Requirements for the issuance or renewal of a permit.

      (b) Fees for:

             (1) The issuance or renewal of a permit;

             (2) The cost of any examination required of an applicant for a permit, including, without limitation, any costs which are necessary for the administration of an examination; and

             (3) The cost of any investigation of an applicant for a permit.

      (c) Standards of education for the approval of a course of instruction to qualify an applicant for the issuance or renewal of a permit.

      Sec. 9.  Chapter 645C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A certified or licensed appraiser or registered intern shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to, a felony relating to the practice of appraisers or any offense involving moral turpitude.

      2.  A certified or licensed appraiser or registered intern shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere; and

      (b) When submitting an application to renew a certificate, license or registration card issued pursuant to this chapter.

      Sec. 10.  NRS 645C.225 is hereby amended to read as follows:

      645C.225  1.  Except as otherwise provided in this section, a complaint filed with the Commission, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential [.] and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a certificate, license or registration card issued pursuant to this chapter.

      2.  The complaint or other document filed by the Commission to initiate disciplinary action and all documents and information considered by the Commission when determining whether to impose discipline are public records.

      Sec. 11.  NRS 645C.410 is hereby amended to read as follows:

      645C.410  1.  If an intern for any reason terminates his association with an appraiser, the appraiser shall:

      (a) Immediately deliver or mail by certified mail to the Division the intern’s registration card, together with a written statement of the circumstances surrounding the termination of the association and a copy of the notice required by paragraph (b); and

      (b) At the time of delivering or mailing the registration card to the Division, advise the intern that his registration card has been forwarded to the Division by mailing notice of that fact to the intern’s last known residential address.

      2.  The registration card must be suspended if the intern does not become associated with another certified [or licensed] appraiser within [30] 60 days after the termination of his previous association.

      3.  The intern shall not assist in the preparation or communication, whether directly or indirectly, of an appraisal under the authority of his registration card from the date that the registration card is delivered or mailed by the appraiser with whom his association was terminated to the Division, until the date that a new registration card is issued naming another appraiser with whom the intern has become associated.

 


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ê2007 Statutes of Nevada, Page 1546 (Chapter 340, AB 562)ê

 

registration card from the date that the registration card is delivered or mailed by the appraiser with whom his association was terminated to the Division, until the date that a new registration card is issued naming another appraiser with whom the intern has become associated.

      Sec. 12.  NRS 645C.460 is hereby amended to read as follows:

      645C.460  1.  Grounds for disciplinary action against a certified or licensed appraiser or registered intern include:

      (a) Unprofessional conduct;

      (b) Professional incompetence;

      (c) A criminal conviction for a felony relating to the practice of appraisers or any offense involving moral turpitude; and

      (d) The suspension or revocation of a registration card, certificate, license or permit to act as an appraiser in any other jurisdiction.

      2.  If grounds for disciplinary action against an appraiser or intern exist, the Commission may do one or more of the following:

      (a) Revoke or suspend his certificate, license or registration card.

      (b) Place conditions upon his certificate, license or registration card, or upon the reissuance of a certificate, license or registration card revoked pursuant to this section.

      (c) Deny the renewal of his certificate, license or registration card.

      (d) Impose a fine of not more than [$1,000] $10,000 for each violation.

      3.  If a certificate, license or registration card is revoked by the Commission, another certificate, license or registration card must not be issued to the same appraiser or intern for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the appraiser or intern satisfies all the requirements for an original certificate, license or registration card.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 13.  Chapter 645D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A certified inspector shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to, a felony or any offense involving moral turpitude.

      2.  A certified inspector shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere; and

      (b) When submitting an application to renew a certificate issued pursuant to this chapter.

      Sec. 14.  NRS 645D.135 is hereby amended to read as follows:

      645D.135  1.  Except as otherwise provided in this section, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential [.] and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a certificate issued pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 1547 (Chapter 340, AB 562)ê

 

      2.  The complaint or other document filed by the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.

      Sec. 15.  Chapter 116A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A community manager who holds a certificate and a reserve study specialist who holds a permit shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to, a felony or any offense involving moral turpitude.

      2.  A community manager or reserve study specialist shall submit the notification required by subsection 1 not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere.

      Sec. 16.  NRS 116A.270 is hereby amended to read as follows:

      116A.270  1.  Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of this chapter or chapter 116 of NRS, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential [.] and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a certificate or permit issued pursuant to this chapter.

      2.  The complaint or other charging documents filed with the Commission to initiate disciplinary action and all documents and other information considered by the Commission or a hearing panel when determining whether to impose discipline are public records.

      Sec. 17.  Chapter 119 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 and 19 of this act.

      Sec. 18.  1.  Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a license or permit issued pursuant to this chapter.

      2.  The complaint or other charging documents filed with the Division to initiate disciplinary action and all documents and other information considered by the Division or a hearing officer when determining whether to impose discipline are public records.

      Sec. 19.  1.  A developer or registered representative shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to, a felony or any offense involving moral turpitude.

      2.  A developer or registered representative shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere; and

      (b) When submitting an application to renew a license, permit or registration issued pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 1548 (Chapter 340, AB 562)ê

 

      Sec. 20.  NRS 119.182 is hereby amended to read as follows:

      119.182  1.  The information submitted pursuant to NRS 119.140 must be given to and reviewed with each purchaser by the broker or salesman before the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of the information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements must be kept in the broker’s files within the State of Nevada for 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the Division.

      2.  The purchaser of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120 or 119.122 may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract, and the contract must so provide. The right of cancellation may not be waived. Any attempt by the developer to obtain such a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail [or telegram] , return receipt requested, to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

      Sec. 21.  Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 23 of this act.

      Sec. 22.  1.  Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a license, registration or permit issued pursuant to this chapter.

      2.  The complaint or other charging documents filed with the Administrator to initiate disciplinary action and all documents and other information considered by the Administrator or a hearing officer when determining whether to impose discipline are public records.

      Sec. 23.  1.  A sales agent, representative, manager, developer or project broker shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude.

      2.  A sales agent, representative, manager, developer or project broker shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere; and

      (b) When submitting an application to renew a license, registration or permit issued pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 1549 (Chapter 340, AB 562)ê

 

      Sec. 24.  NRS 119A.410 is hereby amended to read as follows:

      119A.410  1.  The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

      2.  The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail [or telegram] , return receipt requested, to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

      Sec. 25.  Chapter 119B of NRS is hereby amended by adding thereto the provisions set forth as sections 26 and 27 of this act.

      Sec. 26.  1.  Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a permit issued pursuant to this chapter.

      2.  The complaint or other charging documents filed with the Administrator to initiate disciplinary action and all documents and other information considered by the Administrator when determining whether to impose discipline are public records.

      Sec. 27.  1.  A developer shall notify the Division in writing if he is convicted of, or enters a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude.

      2.  A developer shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty or nolo contendere; and

      (b) When submitting an application to renew a permit issued pursuant to this chapter.

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ê2007 Statutes of Nevada, Page 1550ê

 

CHAPTER 341, AB 592

Assembly Bill No. 592–Committee on Commerce and Labor

 

CHAPTER 341

 

AN ACT relating to contractors; requiring the State Contractors’ Board to establish a specific limit on the amount of asbestos that a contractor not licensed to remove asbestos may remove; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for contracting licenses to be classified as licenses for general engineering contracting, general building contracting or specialty contracting. (NRS 624.215) Existing law also authorizes the State Contractors’ Board to limit the field and scope of work that may be done pursuant to a specific contracting license. (NRS 624.220) Existing law authorizes a licensed specialty contractor to perform work outside the field and scope for which the contractor is licensed if the work is incidental and supplemental to the performance of work for which the contractor is licensed. (NRS 624.220)

      This bill requires the Board to adopt regulations establishing a specific limit on the amount of asbestos that a contractor not licensed to remove asbestos may remove.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.220 is hereby amended to read as follows:

      624.220  1.  The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

      2.  The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265, inclusive.

      3.  A licensed contractor may request that the Board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the Board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.

      4.  [Nothing] Subject to the provisions of regulations adopted pursuant to subsection 5, nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

 


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ê2007 Statutes of Nevada, Page 1551 (Chapter 341, AB 592)ê

 

contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

      5.  The Board shall adopt regulations establishing a specific limit on the amount of asbestos that a licensed contractor with a license that is not classified for the abatement or removal of asbestos may abate or remove pursuant to subsection 4.

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

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CHAPTER 342, SB 398

Senate Bill No. 398–Senators Cegavske, Beers, Heck, Washington, Townsend, Amodei, Care, Hardy and McGinness

 

CHAPTER 342

 

AN ACT relating to education; providing for a pilot program to study English immersion and English language learner programs in certain public schools selected by the Department of Education; and providing other matters properly relating thereto.

 

[Approved: June 4, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to establish a program to teach the English language to pupils who are limited English proficient. (NRS 388.405) This bill establishes a pilot program to study English immersion and English language learner programs for pupils who are limited English proficient. The Department of Education shall select the public schools to participate in the pilot program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby created a pilot program to study English immersion and English language learner programs for pupils who are limited English proficient. The Department of Education shall select the public schools to participate in the pilot program, with particular emphasis on those public schools and school districts in this State with a high percentage of pupils who are limited English proficient.

      2.  The public schools selected for participation in the program shall use the same teachers and other resources as they would have used if the school was not participating in the pilot program to provide for the study of English immersion and English language learner programs, including, without limitation, a system whereby pupils who are limited English proficient remain in the regular school classroom and the teacher for English language learners coteaches with the regular classroom teacher at appropriate time periods during the school day or school week.

      3.  On or before July 1, 2008, the board of trustees of each school district that includes a public school which is selected to participate in the pilot program shall report on the status of the pilot program to the Legislative Committee on Education, including, without limitation:

 


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ê2007 Statutes of Nevada, Page 1552 (Chapter 342, SB 398)ê

 

pilot program shall report on the status of the pilot program to the Legislative Committee on Education, including, without limitation:

      (a) The name of each public school that participated;

      (b) The number of limited English proficient pupils in each public school that participated;

      (c) An evaluation of the effectiveness of the program in closing the achievement gap, if any, among those pupils that participated and the pupils enrolled in the school as a whole;

      (d) Any recommendations for legislation; and

      (e) Any other information the board deems appropriate.

      4.  On or before February 1, 2009, the board of trustees of each school district that includes a public school which is selected to participate in the pilot program shall provide a final written report of the information required by subsection 3 to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Legislature.

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

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CHAPTER 343, AB 627

Assembly Bill No. 627–Committee on Ways and Means

 

Joint Sponsor: Committee on Finance

 

CHAPTER 343

 

AN ACT relating to education; ensuring sufficient funding for K-12 public education for the 2007-2009 biennium; apportioning the State Distributive School Account in the State General Fund for the 2007-2009 biennium; authorizing certain expenditures; making appropriations for purposes relating to class-size reduction and other educational purposes; revising certain provisions governing the Account for Programs for Innovation and the Prevention of Remediation; revising certain provisions governing the count of pupils for purposes of apportioning money from the State Distributive School Account; and providing other matters properly relating thereto.

 

[Approved: June 5, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The basic support guarantee for school districts for operating purposes for the 2007-2008 Fiscal Year is an estimated weighted average of $5,122 per pupil. For each respective school district, the basic support guarantee per pupil for the 2007-2008 Fiscal Year is:

 

Carson City                                                                 $6,037

Churchill                                                                      $6,526

Clark                                                                             $4,891

Douglas                                                                        $5,383

Elko                                                                              $6,574

 


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ê2007 Statutes of Nevada, Page 1553 (Chapter 343, AB 627)ê

 

Esmeralda                                                                 $11,358

Eureka                                                                          $4,058

Humboldt                                                                    $6,437

Lander                                                                          $5,987

Lincoln                                                                         $9,644

Lyon                                                                             $6,704

Mineral                                                                         $7,518

Nye                                                                               $6,661

Pershing                                                                        $7,770

Storey                                                                           $6,907

Washoe                                                                        $5,131

White Pine                                                                   $6,696

      Sec. 2.  1.  The basic support guarantee for school districts for operating purposes for the 2008-2009 Fiscal Year is an estimated weighted average of $5,323 per pupil.

      2.  On or before April 1, 2008, the Executive Director of the Department of Taxation shall provide to the Superintendent of Public Instruction the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2008-2009 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the county’s school district fund pursuant to subsection 4 of NRS 387.195.

      3.  Pursuant to NRS 362.115, on or before March 15 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon the statements required of mine operators.

      4.  For purposes of establishing the basic support guarantee, the estimated basic support guarantees per pupil for each school district for the 2008-2009 Fiscal Year for operating purposes are:

 

                                              Basic                                                               Estimated

                                            Support                                                                Basic

                                          Guarantee               Estimated                           Support

                                             Before                Ad Valorem                       Guarantee

School District             Adjustment               Adjustment                     as Adjusted

Carson City                          $5,500                           $876                             $6,376

Churchill                               $5,704                           $768                             $6,472

Clark                                     $3,653                       $1,398                             $5,051

Douglas                                 $3,397                       $2,063                             $5,460

Elko                                       $6,549                           $612                             $7,161

Esmeralda                          $11,288                       $4,446                           $15,734

Eureka                                ($6,248)                     $16,781                           $10,533

Humboldt                             $5,803                       $1,025                             $6,828

Lander                                  $4,465                       $1,844                             $6,309

Lincoln                                  $9,357                           $944                           $10,301

Lyon                                      $5,991                           $795                             $6,786

Mineral                                 $8,328                           $752                             $9,080

Nye                                        $5,794                       $1,123                             $6,917

Pershing                                $7,484                       $1,337                             $8,821

Storey                                    $2,147                       $5,110                             $7,257

Washoe                                 $4,208                       $1,214                             $5,422

White Pine                            $6,743                       $1,089                             $7,832

 

      5.  The ad valorem adjustment may be made only to take into account the difference in the ad valorem taxes to be received and the estimated enrollment of the school district between the amount estimated as of March 1, 2007, and the amount estimated as of March 1, 2008, for the 2008-2009 Fiscal Year.

 


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ê2007 Statutes of Nevada, Page 1554 (Chapter 343, AB 627)ê

 

enrollment of the school district between the amount estimated as of March 1, 2007, and the amount estimated as of March 1, 2008, for the 2008-2009 Fiscal Year. Estimates of net proceeds of minerals received from the Department of Taxation on or before March 15 pursuant to subsection 3 must be taken into consideration in determining the adjustment.

      6.  Upon receipt of the certified total of ad valorem taxes to be received by each school district for Fiscal Year 2008-2009 pursuant to subsection 2, the Superintendent of Public Instruction shall recalculate the ad valorem adjustment and the tentative basic support guarantee for operating purposes for each school district for the 2008-2009 Fiscal Year based on the certified total of ad valorem taxes provided by the Executive Director of the Department of Taxation pursuant to subsection 2. The final basic support guarantee for each school district for the 2008-2009 Fiscal Year is the amount, which is recalculated for the 2008-2009 Fiscal Year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before March 15, 2008. The basic support guarantee recalculated pursuant to this section must be calculated before May 31, 2008.

      Sec. 3.  1.  The basic support guarantee for each special education program unit that is maintained and operated for at least 9 months of a school year is $36,541 in the 2007-2008 Fiscal Year and $38,763 in the 2008-2009 Fiscal Year, except as limited by subsection 2.

      2.  The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the Fiscal Years 2007-2008 and 2008-2009 are:

 

                                                      Allocation of Special Education Units

                                                  2007-2008                                    2008-2009

DISTRICT                       Units                     Amount           Units               Amount

Carson City                          84               $3,069,444               84         $3,256,092

Churchill County                49               $1,790,509               49         $1,899,387

Clark County                 1,916             $70,012,556          1,971       $76,401,873

Douglas County                  70               $2,557,870               72         $2,790,936

Elko County                        84               $3,069,444               86         $3,333,618

Esmeralda County                1                     $36,541                  1               $38,763

Eureka County                      3                   $109,623                  3             $116,289

Humboldt County              32               $1,169,312               32         $1,240,416

Lander County                    13                   $475,033               14             $542,682

Lincoln County                   18                   $657,738               18             $697,734

Lyon County                       62               $2,265,542               64         $2,480,832

Mineral County                   12                   $438,492               13             $503,919

Nye County                         58               $2,119,378               59         $2,287,017

Pershing County                  17                   $621,197               17             $658,971

Storey County                       8                   $292,328                  8             $310,104

Washoe County                564             $20,609,124             581       $22,521,303

White Pine County             15                   $548,115               16             $620,208

Subtotal                          3,006           $109,842,246          3,088     $119,700,144

Reserved by

  State Board of

  Education                           40               $1,461,640               40         $1,550,520

TOTAL                            3,046           $111,303,886          3,128     $121,250,664

 


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ê2007 Statutes of Nevada, Page 1555 (Chapter 343, AB 627)ê

 

      3.  The State Board of Education shall reserve 40 special education program units in each fiscal year of the 2007-2009 biennium, to be allocated to school districts by the State Board of Education to meet additional needs that cannot be met by the allocations provided in subsection 2 to school districts for that fiscal year. In addition, charter schools in this State are authorized to apply directly to the Department of Education for the reserved special education program units, which may be allocated upon approval of the State Board of Education.

      4.  Notwithstanding the provisions of subsections 2 and 3, the State Board of Education is authorized to spend from the State Distributive School Account up to $171,898 in the Fiscal Year 2007-2008 for 4.70 special education program units and $163,656 in the Fiscal Year 2008-2009 for 4.22 special education program units for instructional programs incorporating educational technology for gifted and talented pupils. Any school district may submit a written application to the Department of Education requesting one or more of the units for gifted and talented pupils. For each fiscal year of the 2007-2009 biennium, the Department will award the units for gifted and talented pupils based on a review of applications received from school districts.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:

For the 2007-2008 Fiscal Year......................................... $1,041,362,589

For the 2008-2009 Fiscal Year......................................... $1,090,795,262

      2.  The money appropriated by subsection 1 must be:

      (a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and

      (b) Work-programmed for the 2 separate Fiscal Years 2007-2008 and 2008-2009, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

      3.  Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      4.  The sums appropriated by subsection 1 are available for either fiscal year and may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division.

      5.  Any remaining balance of the appropriation made by subsection 1 for the 2007-2008 Fiscal Year must be transferred and added to the money appropriated for the 2008-2009 Fiscal Year and may be expended as that money is expended.

      6.  Any remaining balance of the appropriation made by subsection 1 for the 2008-2009 Fiscal Year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 5.  1.  Expenditure of $172,221,385 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during the fiscal year beginning July 1, 2007.

 


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ê2007 Statutes of Nevada, Page 1556 (Chapter 343, AB 627)ê

 

      2.  Expenditure of $182,681,004 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during the fiscal year beginning July 1, 2008.

      3.  For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the State Distributive School Account from the State General Fund.

      4.  The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      5.  The Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education, in subsections 1 and 2, for the purpose of meeting obligations of the State incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he determines is in excess of the amount taken into consideration by this act. The Chief of the Budget Division shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.

      Sec. 6.  During each of the Fiscal Years 2007-2008 and 2008-2009, whenever the State Controller finds that current claims against the State Distributive School Account exceed the amount available in the Account to pay those claims, he may advance temporarily from the State General Fund to the State Distributive School Account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the State Distributive School Account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.

      Sec. 7.  The Department of Education is hereby authorized to spend from the State Distributive School Account the sums of $21,447,955 for the 2007-2008 Fiscal Year and $23,362,996 for the 2008-2009 Fiscal Year for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2007-2009 biennium, the sum authorized must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.

      Sec. 8.  The Department of Education is hereby authorized to provide from the State Distributive School Account the sum of $50,000 to each of the 17 school districts in each fiscal year of the 2007-2009 biennium to support special counseling services for elementary school pupils at risk of failure.

      Sec. 9.  The amounts of the guarantees set forth in sections 1 and 2 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.

 


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ê2007 Statutes of Nevada, Page 1557 (Chapter 343, AB 627)ê

 

      Sec. 10.  1.  The Department of Education shall transfer from the State Distributive School Account to the school districts specified in this section the following sums for Fiscal Years 2007-2008 and 2008-2009:

 

School District                                 2007-2008                          2008-2009

Clark County

  School District                               $7,027,652                         $7,173,389

Douglas County

  School District                               $1,698,676                         $1,734,164

Elko County

  School District                               $1,577,306                         $1,689,279

Washoe County

  School District                              $2,586,300                        $2,716,330

TOTAL:                                         $12,889,934                       $13,313,162

 

      2.  A school district that receives an allocation pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.

      3.  Any remaining balance of the transfers made by subsection 1 for the 2007-2008 Fiscal Year must be added to the money received by the school districts for the 2008-2009 Fiscal Year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2008-2009 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2009, and must be reverted to the State Distributive School Account on or before September 18, 2009.

      Sec. 11.  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby authorized to receive from the State Distributive School Account to spend for an evaluation of the regional training programs for the professional development of teachers and administrators established pursuant to NRS 391.512:

For the Fiscal Year 2007-2008.................................................... $100,000

For the Fiscal Year 2008-2009.................................................... $100,000

      2.  Any remaining balance of the sums authorized for expenditure by subsection 1 for the 2007-2008 Fiscal Year must be added to the money authorized for expenditure for the 2008-2009 Fiscal Year and may be expended as that money is expended. Any remaining balance of the sums authorized for expenditure pursuant to subsection 1 for the 2008-2009 Fiscal Year, including any money added from the authorization for the previous fiscal year, must not be committed for expenditure after June 30, 2009, and must be reverted to the State Distributive School Account on or before September 18, 2009.

      Sec. 12.  1.  The Department of Education shall transfer from the State Distributive School Account to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516 the sum of $100,000 in Fiscal Year 2007-2008 and 2008-2009 for additional training opportunities for educational administrators in Nevada.

 


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ê2007 Statutes of Nevada, Page 1558 (Chapter 343, AB 627)ê

 

      2.  The Statewide Council shall use the money:

      (a) To disseminate research-based knowledge related to effective educational leadership behaviors and skills.

      (b) To develop, support and maintain ongoing activities, programs, training and networking opportunities.

      (c) For purposes of providing additional training for educational administrators, including, without limitation, to pay:

             (1) Travel expenses of administrators who attend the training program;

             (2) Travel and per diem expenses for any consultants contracted to provide additional training; and

             (3) Any charges to obtain a conference room for the provision of the additional training.

      (d) To supplement and not replace the money that the school district or the regional training program would otherwise expend for the training of administrators as described in this section.

      3.  Any remaining balance of the transfers made by subsection 1 for the 2007-2008 Fiscal Year must be added to the money received by the Statewide Council for the 2008-2009 Fiscal Year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2008-2009 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2009, and must be reverted to the State Distributive School Account on or before September 18, 2009.

      Sec. 13.  1.  The Department of Education shall transfer from the State Distributive School Account the following sums for early childhood education:

For the Fiscal Year 2007-2008................................................. $3,251,671

For the Fiscal Year 2008-2009................................................. $3,338,875

      2.  The money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.

      3.  To receive a grant of money pursuant to subsection 2, school districts and community-based organizations must submit a comprehensive plan to the Department of Education that includes, without limitation:

      (a) A detailed description of the proposed early childhood education program;

      (b) A description of the manner in which the money will be used, which must supplement and not replace the money that would otherwise be expended for early childhood education programs; and

      (c) A plan for the longitudinal evaluation of the program to determine the effectiveness of the program on the academic achievement of children who participate in the program.

      4.  A school district or community-based organization that receives a grant of money shall:

      (a) Use the money to initiate or expand prekindergarten education programs that meet the criteria set forth in the publication of the Department of Education, entitled Public Support of Prekindergarten Education for School Readiness in Nevada, published in August 2000.

      (b) Use the money to supplement and not replace the money that the school district or community-based organization would otherwise expend for early childhood education programs, as described in this section.

 


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ê2007 Statutes of Nevada, Page 1559 (Chapter 343, AB 627)ê

 

      (c) Use the money to pay for the salaries and other items directly related to the instruction of pupils in the classroom.

      (d) Submit a longitudinal evaluation of the program in accordance with the plan submitted pursuant to paragraph (c) of subsection 3.

Ê The money must not be used to remodel classrooms or facilities or for playground equipment.

      5.  The Department of Education shall develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs for which grants of money were awarded pursuant to this section. In developing the indicators, the Department shall establish minimum performance levels and increase the expected performance rates on a yearly basis, based upon the performance results of the participants. The indicators must include, without limitation:

      (a) Longitudinal measures of the developmental progress of children before and after their completion of the program;

      (b) Longitudinal measures of parental involvement in the program before and after completion of the program; and

      (c) The percentage of participants who drop out of the program before completion.

      6.  The Department of Education shall review the evaluations of the early childhood education programs submitted by each school district and community-based organization pursuant to paragraph (d) of subsection 4 and prepare a compilation of the evaluations for inclusion in the report submitted pursuant to subsection 7.

      7.  The Department of Education shall, on an annual basis, provide a written report to the Governor, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation regarding the effectiveness of the early childhood education programs for which grants of money were received. The report must include, without limitation:

      (a) The number of grants awarded;

      (b) An identification of each school district and community-based organization that received a grant of money and the amount of each grant awarded;

      (c) For each school district and community-based organization that received a grant of money:

             (1) The number of children who received services through a program funded by the grant for each year that the program received funding from the State for early childhood education programs; and

             (2) The average per child expenditure for the program for each year the program received funding from the State for early childhood education programs;

      (d) A compilation of the evaluations reviewed pursuant to subsection 6 that includes, without limitation:

             (1) A longitudinal comparison of the data showing the effectiveness of the different programs; and

             (2) A description of the programs in this State that are the most effective;

      (e) Based upon the performance of children in the program on established performance and outcome indicators, a description of revised performance and outcome indicators, including any revised minimum performance levels and performance rates; and

 


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ê2007 Statutes of Nevada, Page 1560 (Chapter 343, AB 627)ê

 

      (f) Any recommendations for legislation.

      8.  The sums transferred by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2009, and must be reverted to the State Distributive School Account on or before September 18, 2009.

      Sec. 14.  1.  The Department of Education shall transfer from the State Distributive School Account the following sums to purchase one-fifth of a year of service for certain licensed educational personnel in accordance with NRS 391.165:

For the Fiscal Year 2007-2008.............................................. $22,942,577

For the Fiscal Year 2008-2009.............................................. $31,070,767

      2.  The Department of Education shall distribute the money appropriated by subsection 1 to the school districts to assist the school districts with paying for the retirement credit for certain licensed educational personnel in accordance with NRS 391.165. The amount of money distributed to each school district must be proportionate to the total costs of paying for the retirement credit pursuant to NRS 391.165 for each fiscal year. If insufficient money is available to pay the total costs necessary to pay the retirement credit for each fiscal year, the school district shall pay the difference to comply with NRS 391.165.

      3.  The sums transferred by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2009, and must be reverted to the State Distributive School Account on or before September 18, 2009.

      Sec. 15.  Of the amounts included in the basic support guarantee amounts enumerated in sections 1 and 2 of this act, or from any other sources of money that may be available to a school district, $90,941,645 for Fiscal Year 2007-2008 and $95,991,427 for Fiscal Year 2008-2009 must be expended for the purchase of textbooks, instructional supplies and instructional hardware as prescribed in NRS 387.206.

      Sec. 16.  The sums transferred or authorized in sections 10 to 14, inclusive, of this act:

      1.  Must be accounted for separately from any other money received by the school districts of this State and used only for the purposes specified in the applicable section of this act.

      2.  May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      3.  May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      Sec. 17.  1.  The Department of Education shall transfer from the State Distributive School Account the following sums for special transportation costs to school districts:

For the 2007-2008 school year................................................... $112,012

For the 2008-2009 school year................................................... $112,012

      2.  Pursuant to NRS 392.015, the Department of Education shall use the money transferred in subsection 1 to reimburse school districts for the additional costs of transportation for any pupil to a school outside the school district in which his residence is located.

      Sec. 18.  NRS 387.1235 is hereby amended to read as follows:

      387.1235  1.  Except as otherwise provided in subsection 2, local funds available are the sum of:

 


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ê2007 Statutes of Nevada, Page 1561 (Chapter 343, AB 627)ê

 

      (a) The amount of one-third of the tax collected pursuant to subsection 1 of NRS 387.195 for the school district [as certified by the Department of Taxation] for the concurrent school year; and

      (b) The proceeds of the local school support tax imposed by chapter 374 of NRS, excluding any amounts required to be remitted pursuant to NRS 360.850 and 360.855. The Department of Taxation shall furnish an estimate of these proceeds to the Superintendent of Public Instruction on or before July 15 for the fiscal year then begun, and the Superintendent shall adjust the final apportionment of the current school year to reflect any difference between the estimate and actual receipts.

      2.  The amount computed under subsection 1 that is attributable to any assessed valuation attributable to the net proceeds of minerals must be held in reserve and may not be considered as local funds available until the succeeding fiscal year.

      Sec. 19.  Each school district shall expend the revenue made available through this act, as well as other revenue from state, local and federal sources, in a manner which is consistent with NRS 288.150 and which is designed to attain the goals of the Legislature regarding educational reform in this State, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language. Materials and supplies for classrooms are subject to negotiation by employers with recognized employee organizations.

      Sec. 20.  The Legislature hereby finds and declares that:

      1.  The intended goal of the Legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught;

      2.  Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in Fiscal Years 2007-2008 and 2008-2009, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Years 2007-2008 and 2008-2009;

      3.  Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3;

      4.  It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3;

      5.  School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction;

      6.  School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement;

      7.  The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts;

      8.  School districts are encouraged, to the extent possible, to further reduce the pupil-teacher ratio in each classroom in the district for grades 1, 2 and 3 for which additional funding is provided;

 


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ê2007 Statutes of Nevada, Page 1562 (Chapter 343, AB 627)ê

 

      9.  The Legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the State and to continue reducing the pupil-teacher ratio in grade 3; and

      10.  Thereafter, the intended goal of the Legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class.

      Sec. 21.  1.  The Department of Education shall transfer from the State Distributive School Account the sum of $141,209,596 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2007-2008 which must, except as otherwise provided in sections 23 and 24 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.

      2.  Except as otherwise provided in sections 23 and 24 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,201 teachers employed by school districts to meet the required pupil-teacher ratios in the 2007-2008 school year.

      3.  Any remaining balance of the sum transferred by subsection 1 must not be committed for expenditure after June 30, 2008, and must be transferred and added to the money appropriated to the State Distributive School Account pursuant to section 4 of this act for the 2008-2009 Fiscal Year, and may be expended as the money in section 22 of this act is expended.

      Sec. 22.  1.  The Department of Education shall transfer from the State Distributive School Account the sum of $153,710,996 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2008-2009 which must, except as otherwise provided in sections 23 and 24 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.

      2.  Except as otherwise provided in sections 23 and 24 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,260 teachers employed by school districts to meet the required pupil-teacher ratios in the 2008-2009 school year.

      3.  Any remaining balance of the sum transferred by subsection 1, including any money added thereto pursuant to section 21 of this act, must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

 


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

ê2007 Statutes of Nevada, Page 1563 (Chapter 343, AB 627)ê

 

      Sec. 23.  1.  The board of trustees of each county school district:

      (a) Shall file a plan with the Superintendent of Public Instruction describing how the money appropriated by sections 21 and 22 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3; or

      (b) May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 21 and 22 of this act to carry out:

             (1) An alternative program for reducing the ratio of pupils per teacher, including, without limitation, any legislatively approved program of flexibility; or

             (2) Programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2004-2005 school year.

Ê The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial education programs in improving pupil achievement.

      2.  In no event must the provisions of this section be construed to authorize the board of trustees of a school district in a county whose population is 100,000 or more to develop an alternative plan for the reduction of pupil-teacher ratios pursuant to subsection 2 of NRS 388.720.

      Sec. 24.  1.  The money appropriated for class-size reduction pursuant to sections 21 and 22 of this act:

      (a) May be applied first to pupils considered most at risk of failure.

      (b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      2.  The money appropriated for class-size reduction pursuant to sections 21 and 22 of this act must not be distributed to a school district unless that school district has:

      (a) Filed with the Department of Education a plan for achieving the required ratio set forth in NRS 388.700; and

      (b) Demonstrated that, from resources of the school district other than allocations received from the State Distributive School Account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade for grades 1, 2 and 3, in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year.

      Sec. 25.  1.  There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund the following sums:

For the Fiscal Year 2007-2008.............................................. $21,456,727

For the Fiscal Year 2008-2009.............................................. $22,527,591

 


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ê2007 Statutes of Nevada, Page 1564 (Chapter 343, AB 627)ê

 

      2.  Expenditure of the following sums by the Department of Education from money in the Other State Education Programs Account in the State General Fund that was not appropriated from the State General Fund is hereby authorized:

For the Fiscal Year 2007-2008...................................................... $38,000

For the Fiscal Year 2008-2009...................................................... $59,000

      3.  The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      4.  Amounts appropriated pursuant to subsection 1 to finance specific programs as outlined in this subsection are available for both Fiscal Years 2007-2008 and 2008-2009 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:

      (a) A total of $70,000 in both Fiscal Year 2007-2008 and Fiscal Year 2008-2009 for successful completion of the National Board Teacher Certification Program;

      (b) A total of $7,218,000 in Fiscal Year 2007-2008 and $7,578,000 in Fiscal Year 2008-2009 for new teacher signing bonuses;

      (c) A total of $544,000 in Fiscal Year 2007-2008 and $750,000 in Fiscal Year 2008-2009 for Counselor National Board Certification;

      (d) A total of $527,478 in Fiscal Year 2007-2008 and $563,241 in Fiscal Year 2008-2009 for LEA library books; and

      (e) A total of $5,885,000 in Fiscal Year 2007-2008 and $4,895,000 in Fiscal Year 2008-2009 for educational technology.

      5.  Except as otherwise provided in subsection 4, unencumbered balances of the appropriations made in this section for the Fiscal Years 2007-2008 and 2008-2009 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 4, unencumbered balances of these appropriations revert to the State General Fund on or before September 19, 2008, and September 18, 2009, for each fiscal year respectively.

      Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 the following sums:

For the Fiscal Year 2007-2008.............................................. $60,375,718

For the Fiscal Year 2008-2009.............................................. $85,539,038

      2.  Expenditure of the following sums by the Department of Education from money in the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 that was not appropriated from the State General Fund is hereby authorized:

For the Fiscal Year 2007-2008.............................................. $18,694,786

For the Fiscal Year 2008-2009.............................................. $10,195,468

      3.  The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

 


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ê2007 Statutes of Nevada, Page 1565 (Chapter 343, AB 627)ê

 

      4.  Of the amounts appropriated by subsection 1, $25,640,881 in Fiscal Year 2007-2008 and $40,834,698 in Fiscal Year 2008-2009 must be allocated to the school districts pursuant to section 27 of this act for continuation and expansion of the full-day kindergarten program established pursuant to Assembly Bill No. 4 of the 22nd Special Session, Chapter 3, Statutes of Nevada 2005, at page 91.

      5.  Of the amounts authorized in subsection 2, $180,000 in Fiscal Year 2007-2008 and $8,897,200 in Fiscal Year 2008-2009 must be allocated to a program of empowerment schools as follows:

      (a) For the purpose of planning and developing empowerment plans in the:

             (1) Fiscal Year 2007-2008, $50,000 to the Clark County School District;

             (2) Fiscal Year 2007-2008, $50,000 to the Washoe County School District; and

             (3) Fiscal Year 2007-2008, $10,000 for not more than eight other school districts.

      (b) In Fiscal Year 2008-2009, $8,897,200 must be allocated on a per pupil basis to the schools operating as empowerment schools, not to exceed a maximum amount of $400 per pupil.

      Sec. 27.  1.  The Department of Education shall distribute the allocation made by subsection 4 of section 26 of this act to school districts that elect to provide full-day kindergarten. In no event is a school district required to submit an application for an allocation of money or otherwise required to provide full-day kindergarten.

      2.  Except as otherwise provided in subsection 3, a school district that elects to receive an allocation of money pursuant to this section shall use the money to provide full-day kindergarten in each school within the school district that is prioritized for full-day kindergarten based upon the percentage of pupils enrolled in the school who are eligible for free or reduced price lunches pursuant to 42 U.S.C. §§ 1751 et seq. A school district shall allocate the money by assigning first priority to those schools within the school district that have the highest percentage of pupils who are eligible for free or reduced price lunches. If a school within a school district that is required to provide full-day kindergarten pursuant to this section currently provides full-day kindergarten with money that it receives from the Federal Government or other funding allocations, the school may redirect that money, to the extent authorized by applicable federal law, for other programs of remediation at the school and use the money provided by the Department of Education from the allocation to provide full-day kindergarten.

      3.  A school that is otherwise required to provide full-day kindergarten pursuant to subsection 2 may opt out of providing full-day kindergarten.

      4.  A parent or legal guardian of a pupil who is otherwise zoned to attend a public school that provides full-day kindergarten pursuant to this section may request that the pupil not be enrolled in full-day kindergarten. The school district in which the pupil is enrolled shall grant the request and ensure that the pupil is allowed to attend kindergarten, whether at the zoned school or another school, for less than a full day.

      Sec. 28.  NRS 385.379 is hereby amended to read as follows:

      385.379  1.  The Account for Programs for Innovation and the Prevention of Remediation is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account.

 


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ê2007 Statutes of Nevada, Page 1566 (Chapter 343, AB 627)ê

 

of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2. The interest and income earned on the sum of:

      (a) The money in the Account ; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  The money in the Account may only be used for the allocation of money to school districts and public schools whose applications are approved by the Commission pursuant to NRS 385.3785.

      Sec. 29.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

             (4) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

                   (II) In a charter school and are concurrently enrolled part time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

             (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

 


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ê2007 Statutes of Nevada, Page 1567 (Chapter 343, AB 627)ê

 

school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

             (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

             (7) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

             (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560, subsection 5 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for [either or both of] the immediately preceding [2 school years,] school year, the largest number [must be used] from among the [3 years] immediately preceding 2 school years must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      3.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is more than 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger enrollment number from the current year or the immediately preceding school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      4.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      [4.] 5.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      [5.] 6.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

 


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ê2007 Statutes of Nevada, Page 1568 (Chapter 343, AB 627)ê

 

      Sec. 30.  1.  This section and sections 1 to 21, inclusive, and 23 to 28, inclusive, of this act become effective on July 1, 2007.

      2.  Sections 22 and 29 of this act become effective on July 1, 2008.

________

 

CHAPTER 344, AB 595

Assembly Bill No. 595–Committee on Transportation

 

CHAPTER 344

 

AN ACT relating to vehicles; making various changes regarding the imposition, reporting, payment, collection, refunding, administration and enforcement of certain taxes on fuels; providing for the issuance of bonds by the county fair and recreation board in certain counties to assist in the funding of highway projects in the county; allocating a portion of the proceeds of certain taxes and fees to the construction and maintenance of public highways; requiring analyses of the costs and benefits of proposals for certain highway projects; requiring annual performance measurements of and various periodic reports by the Department of Transportation; revising the provisions governing the fees charged by a short-term lessor of a passenger car; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 6, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a taxpayer is entitled to receive interest on an overpayment of taxes. (NRS 360.2935, 360A.110) Section 2 of this bill provides that no interest will be paid on an overpayment of taxes on fuels if the overpayment is made intentionally or carelessly.

      Under existing law, if the Department of Motor Vehicles issues a deficiency determination against a taxpayer for underpayment of taxes on fuels, the taxpayer may file a petition for redetermination and seek an oral hearing on the petition. (NRS 360A.160, 360A.180) Section 3 of this bill changes the hearing to an administrative hearing.

      Under existing law, persons licensed under chapter 365 of NRS are required to submit reports and pay excise taxes to the Department for motor vehicle and other fuels subject to that chapter. (NRS 365.170, 365.175) Section 5 of this bill imposes similar requirements on unlicensed persons who collect such excise taxes.

      Existing law in chapter 366 of NRS concerning taxes on special fuels includes provisions relating to the confidentiality of records, the unlawful disclosure of information, false or fraudulent reports, and the sealing of fuel pumps. (NRS 366.160, 366.180, 366.710, 366.715) Sections 6-9 of this bill add similar provisions to chapter 365 of NRS concerning taxes on motor vehicle and other fuels.

      Under existing law, licenses issued pursuant to chapter 365 of NRS for dealers, suppliers, transporters and exporters are valid until suspended, revoked or cancelled. (NRS 365.304) Section 15 of this bill limits the validity of each such license to 1 year and requires the Department to adopt regulations providing for the renewal of such licenses.

      Existing law in chapter 366 of NRS concerning taxes on special fuels includes provisions governing the due date of such taxes. (NRS 366.370) Section 18 of this bill adds similar provisions to chapter 365 of NRS concerning taxes on motor vehicle and other fuels. (NRS 365.330)

 


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ê2007 Statutes of Nevada, Page 1569 (Chapter 344, AB 595)ê

 

      Section 21 of this bill increases the power of the Department and its agents to make examinations and inspections, including the power to stop and inspect motor vehicles that are using or transporting motor vehicle and other fuels, to determine whether all excise taxes due pursuant to chapter 365 of NRS are being properly reported and paid. (NRS 365.500)

      Under existing law, persons licensed under chapter 366 of NRS are required to file tax returns and pay excise taxes to the Department for special fuels subject to that chapter. (NRS 366.380, 366.383, 366.386, 366.540) Section 26 of this bill imposes similar requirements on unlicensed persons who collect such excise taxes.

      Existing law in chapter 365 of NRS concerning taxes on motor vehicle and other fuels includes provisions relating to the liability of a person for willfully failing to collect or pay excise taxes, the records that must be maintained by retailers, the payment of the costs of prosecuting violations, and the enforcement of the provisions of the chapter by county sheriffs and other peace officers. (NRS 365.351, 365.510, 365.590, 365.610) Sections 27-30 of this bill add similar provisions to chapter 366 of NRS concerning taxes on special fuel.

      Under existing law, licenses issued pursuant to chapter 366 of NRS for special fuel dealers, special fuel suppliers, special fuel transporters and special fuel exporters are valid until suspended, revoked or cancelled, and licenses for special fuel users are valid for 1 year. (NRS 366.260) Section 36 of this bill limits the validity of each such license to 1 year and requires the Department to adopt regulations providing for the renewal of such licenses.

      Section 46 of this bill revises the provisions in NRS 366.720 that establish various violations and penalties relating to taxes on special fuels by specifying that each day during which such a violation occurs constitutes a separate offense.

      Section 46.5 of this bill requires the county fair and recreation board in a county whose population is 400,000 or more (currently Clark County) to issue, under certain conditions, bonds to assist in the funding of highway projects in that county. Section 55.3 of this bill requires annual reports by the Department of Transportation on the projects undertaken with that funding.

      Existing law authorizes a county to impose an ad valorem tax for capital projects in the amount of 5 cents per $100 of the assessed valuation of the county. (NRS 354.59815) Section 47 of this bill requires the allocation of an incrementally increasing portion, which will not exceed 60 percent, of the proceeds of any such tax imposed in a county with a population of 100,000 or more (currently Clark and Washoe Counties) to the State Highway Fund for use in the construction and maintenance of the public highways in that county.

      Section 47.2 of this bill requires the adoption of performance measurements for the Department of Transportation and annual reports of performance. Section 47.3 of this bill requires the Department to prepare a written analysis of the costs and benefits of each proposal for a highway project that will cost $25 million or more. Section 55.5 of this bill requires quarterly reports by the Department on the status of certain proposed highway projects.

      Existing law authorizes a short-term lessor of a passenger car to impose a recovery surcharge of 4 percent of the total amount for which the car is leased. (NRS 482.313) Section 49 of this bill mandates the imposition of that fee and requires the deposit of one-quarter of the proceeds thereof into the State Highway Fund for use in the construction and maintenance of the public highways.

      Existing law prescribes a maximum amount of $15 per day that a short-term lessor of vehicles may charge for a waiver of damages. (NRS 482.31565) Section 49.5 of this bill increases that amount to $22 and provides for subsequent annual increases in that amount based upon increases in the Consumer Price Index.

      Existing law prescribes a maximum amount of $5 per day that a short-term lessor of vehicles may charge for more than one additional driver. (NRS 482.3158) Section 49.7 of this bill increases that amount to $10, provides for subsequent annual increases in that amount based upon increases in the Consumer Price Index and authorizes the imposition of the charge for any additional drivers.

 


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ê2007 Statutes of Nevada, Page 1570 (Chapter 344, AB 595)ê

 

      Existing law authorizes a purchaser of motor vehicle fuel or special fuel from a supplier to apply to the Department for a permit to defer payment of the taxes to the supplier, and authorizes the supplier to deduct from his tax payments to the Department the amount of such deferred taxes. (NRS 365.326, 365.328, 366.397, 366.540) Sections 42 and 55 of this bill delete or repeal those provisions. Section 55 also repeals NRS 366.360 because its provisions are being added to NRS 366.350 by section 38 of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360A.050 is hereby amended to read as follows:

      360A.050  [Except for any payments authorized pursuant to NRS 365.328, 365.340, 366.375 and 366.397, if] If the Department grants an extension of time for paying any amount required to be paid pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, a person who pays the amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of 1 percent per month from the date the amount would have been due without the extension until the date of payment.

      Sec. 2.  NRS 360A.110 is hereby amended to read as follows:

      360A.110  [In]

      1.  Except as otherwise provided in subsection 2, in making a determination, the Department may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods or against penalties and the interest on underpayments.

      2.  No interest is allowed on any overpayment that the Department determines has been made intentionally or by reason of careless reporting.

      Sec. 3.  NRS 360A.180 is hereby amended to read as follows:

      360A.180  1.  If a petition for redetermination is filed within the period prescribed in NRS 360A.160, the Department shall reconsider the determination and, if the person has so requested in the petition, grant the person an [oral] administrative hearing and give him at least 10 days’ notice of the time and place of the hearing.

      2.  [The Department may continue the] Any hearing held pursuant to subsection 1 may be continued from time to time as may be necessary.

      3.  A petitioner aggrieved by the decision of the Department may appeal the decision by submitting a written request to the Department for an administrative hearing not more than 30 days after notice of the redetermination was made by the Department.

      Sec. 4.  Chapter 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9, inclusive, of this act.

      Sec. 5.  Every person not licensed pursuant to this chapter who collects an excise tax shall:

      1.  Not later than the last day of each calendar month, submit a statement to the Department of all such taxes collected during the preceding calendar month; and

      2.  In accordance with the provisions of NRS 365.330, pay the tax to the Department.

      Sec. 6.  All supporting schedules, invoices and other pertinent papers relating to the business affairs and operations of any supplier, dealer, exporter or transporter, and any information obtained by an investigation of the records and equipment of any supplier, dealer, exporter or transporter, shall be deemed confidential and must not be revealed to any person except as necessary to administer this chapter or as otherwise provided by law.

 


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ê2007 Statutes of Nevada, Page 1571 (Chapter 344, AB 595)ê

 

of the records and equipment of any supplier, dealer, exporter or transporter, shall be deemed confidential and must not be revealed to any person except as necessary to administer this chapter or as otherwise provided by law.

      Sec. 7.  1.  It is unlawful for the Department or any person having an administrative duty under this chapter to divulge or to make known in any manner whatever the business affairs, operations or information obtained by an investigation or examination of the records of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth or disclosed in any report, or to permit any report or copy thereof to be seen or examined by any person except as otherwise provided in section 6 of this act and NRS 365.140.

      2.  Any violation of the provisions of subsection 1 is a gross misdemeanor.

      Sec. 8.  Any person required to make, submit, sign or verify any report who makes any false or fraudulent report with intent to defeat or evade the assessment required by law to be made is guilty of a gross misdemeanor.

      Sec. 9.  1.  The Department may seal a fuel pump of a retailer or dealer, or the metered pipes and hoses of a rack of a dealer or supplier, if the retailer, dealer or supplier:

      (a) Becomes delinquent in payment of any amount due pursuant to the provisions of this chapter;

      (b) Operates without the license required by the provisions of this chapter; or

      (c) Operates without the bond or cash deposit required by the provisions of this chapter.

      2.  A fuel pump of a retailer or dealer, or the metered pipes and hoses of a rack of a dealer or supplier, may be sealed until all required reports are filed, the tax, penalties and interest are paid in full, the required license is obtained and the bond or cash deposit is provided.

      3.  Before sealing a fuel pump or the metered pipes and hoses of a rack, the Department must send a notice by registered or certified mail to the retailer, dealer or supplier at his last known address ordering him to appear before the Department at a time not less than 10 days after the mailing of the notice and show cause why the fuel pump or the metered pipes and hoses of the rack should not be sealed.

      Sec. 10.  NRS 365.092 is hereby amended to read as follows:

      365.092  “Transporter” means a person, except a supplier or an exporter licensed pursuant to this chapter, who transports motor vehicle fuel or fuel for jet or turbine-powered aircraft by pipeline, rail or truck in interstate commerce to or from any point within this State, or solely within this State.

      Sec. 11.  NRS 365.140 is hereby amended to read as follows:

      365.140  The Department [shall,] may, upon a request from the officials to whom is entrusted the enforcement of the motor vehicle fuel tax laws of any other state, if the other state furnishes [like] similar information to this State, forward any information which it may have in its possession relative to the manufacture, receipt, storage, delivery, sale, use, transportation , [or] shipment or other disposition by any supplier, dealer, exporter, transporter or other person of motor vehicle fuel or fuel for jet or turbine-powered aircraft.

 


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ê2007 Statutes of Nevada, Page 1572 (Chapter 344, AB 595)ê

 

      Sec. 12.  NRS 365.170 is hereby amended to read as follows:

      365.170  Except as otherwise provided in NRS 365.135, every dealer shall [, not] :

      1.  Not later than the last day of each calendar month [:

      1.  Render] , submit to the Department a statement of all aviation fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in this State, as well as all such fuel sold, distributed or used in this State by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon pursuant to NRS 365.020, during the preceding calendar month; and

      2.  [Pay] In accordance with the provisions of NRS 365.330, pay an excise tax on:

      (a) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any applicable amount imposed pursuant to NRS 365.203; and

      (b) Aviation fuel in the amount of 2 cents per gallon, plus any applicable amount imposed pursuant to NRS 365.203,

Ê so sold, distributed or used . [, in the manner and within the time prescribed in this chapter.]

      Sec. 13.  NRS 365.175 is hereby amended to read as follows:

      365.175  Except as otherwise provided in NRS 365.135, every supplier shall [, not] :

      1.  Not later than the last day of each calendar month [:

      1.  Submit] , submit to the Department a statement of all motor vehicle fuel, except aviation fuel, sold, distributed or used by him in this State [;] during the preceding calendar month; and

      2.  [Pay] In accordance with the provisions of NRS 365.330, pay an excise tax on all motor vehicle fuel, except aviation fuel, in the amount of 17.65 cents per gallon so sold, distributed or used . [in the manner prescribed in this chapter.]

      Sec. 14.  NRS 365.290 is hereby amended to read as follows:

      365.290  1.  Before granting any application for a license as a dealer or supplier, the Department shall require the applicant to file with the Department a bond executed by the applicant as principal, and by a corporation qualified under the laws of this State as surety, payable to this State and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer or supplier.

      2.  The total amount of the bond or bonds required of any dealer or supplier must be fixed by the Department at three times the estimated maximum monthly tax, determined in such a manner as the Department deems proper, or $1,000, whichever is greater. If [the Department determines that] a person is habitually delinquent in the payment of amounts due pursuant to this chapter, [it] the Department may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100, within the same upper limit.

      3.  The Department may increase or decrease the amount of security required by this section subject to the limitations provided in this section.

      4.  No recovery on any bond, [nor the] execution of any new bond, [nor the] or revocation, cancellation or suspension of any license , affects the validity of any bond.

 


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ê2007 Statutes of Nevada, Page 1573 (Chapter 344, AB 595)ê

 

      5.  In lieu of any bond or bonds, a dealer or supplier may deposit with the Department, under such terms and conditions as the Department may prescribe, [a like] an equivalent amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Department.

      6.  If the amount of security required by this section is decreased pursuant to subsection 3, the Department shall immediately reinstate the original requirements for a bond for a holder of a license as a dealer or supplier upon his:

      (a) Lack of faithful performance of the requirements of this chapter; or

      (b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.

      7.  For the purposes of this section, a person is “habitually delinquent” if, within any 12-month period, the person commits each of the following acts or commits either of the following acts more than once:

      (a) Fails timely to file a monthly tax return, unless the Department determines that:

             (1) The failure to file was caused by circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care; and

             (2) The person has paid any penalty and interest imposed by the Department because of the failure to file.

      (b) Fails timely to submit to the Department any tax collected by the person pursuant to this chapter.

      Sec. 15.  NRS 365.304 is hereby amended to read as follows:

      365.304  1.  A license issued pursuant to this chapter:

      [1.] (a) Is valid [until] for 1 year, unless suspended, revoked or cancelled.

      [2.] (b) Is not transferable.

      2.  The Department shall adopt regulations providing for the renewal of such licenses.

      Sec. 16.  NRS 365.306 is hereby amended to read as follows:

      365.306  If any person ceases to be a dealer, supplier, exporter or transporter within this State by reason of the discontinuance, sale or transfer of his business, he shall:

      1.  Notify the Department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of the discontinuance, sale or transfer, and the name and address of any purchaser or transferee.

      2.  Surrender to the Department the license issued to him pursuant to this chapter.

      3.  If he is:

      (a) A dealer, file a monthly tax return and pay all taxes, interest and penalties required pursuant to chapter 360A of NRS and NRS 365.170 and 365.203 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      (b) A supplier, file a monthly tax return and pay all taxes, interest and penalties required pursuant to chapter 360A of NRS and NRS 365.175 to 365.192, inclusive, on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

 


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      (c) An exporter, file the report required pursuant to NRS 365.515 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      (d) A transporter, file the report required pursuant to NRS 365.520 [within 25 days after the end] on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      Sec. 17.  NRS 365.324 is hereby amended to read as follows:

      365.324  1.  Except as otherwise provided in [subsections 2 and 3,] subsection 2, each supplier who sells or distributes motor vehicle fuel, other than aviation fuel, shall, at the time the motor vehicle fuel is distributed from a terminal, collect the taxes imposed pursuant to NRS 365.175 to 365.192, inclusive.

      2.  [A supplier may sell motor vehicle fuel, other than aviation fuel, to a purchaser without collecting the taxes imposed pursuant to NRS 365.175 to 365.192, inclusive, if the purchaser of the motor vehicle fuel:

      (a) Has been issued a permit by the Department pursuant to NRS 365.328; and

      (b) Elects to defer payment of the taxes.

      3.]  A supplier shall not collect the taxes imposed pursuant to NRS 365.175 to 365.192, inclusive, if the purchaser of the motor vehicle fuel is:

      (a) A supplier; or

      (b) An exporter.

      3.  A supplier or exporter shall not purchase motor vehicle fuel on which the tax has been paid, except that a newly licensed supplier or exporter may purchase such fuel during its first month of operation.

      4.  A supplier who sells motor vehicle fuel, other than aviation fuel, to any other supplier shall keep such records of the transaction as the Department may require. The Department shall adopt regulations setting forth:

      (a) The records which must be kept by [the dealer] a supplier pursuant to this subsection; and

      (b) The period for which those records must be kept . [by the dealer.]

      Sec. 18.  NRS 365.330 is hereby amended to read as follows:

      365.330  1.  The excise taxes [prescribed in] imposed by this chapter [must be paid on or before the last day of each calendar month to the Department.] are due on or before the last day of the first month following the month to which they relate.

      2.  If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.

      3.  Payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any other country upon an envelope containing payment properly addressed to the Department.

      4.  The Department shall deliver the taxes to the State Treasurer, who shall provide [to the dealer, supplier or user] a receipt for the payment of the taxes [.

      2.] to the person who made the payment.

      5.  Except as otherwise provided in subsection [3:] 6:

      (a) From the tax found to be due upon any statement submitted by a dealer pursuant to NRS 365.170, the dealer may retain an amount equal to 2 percent of the amount of the tax collected to cover the dealer’s costs of collection of the tax and of compliance with this chapter, and the dealer’s handling losses occasioned by evaporation, spillage or other similar causes.

 


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collection of the tax and of compliance with this chapter, and the dealer’s handling losses occasioned by evaporation, spillage or other similar causes.

      (b) Each supplier may retain an amount equal to 2 percent of the amount of the tax collected by the supplier to cover the supplier’s costs of collection of the tax and of compliance with this chapter, and the supplier’s handling losses occasioned by evaporation, spillage or other similar causes.

      [3.] 6.  A dealer or supplier who fails to submit a tax return when due pursuant to this chapter or fails to pay the tax when due pursuant to this chapter is not entitled to retain any of the amount authorized pursuant to subsection [2] 5 for any month for which a tax return is not filed when due or a payment is not made when due.

      [4.] 7.  If the Department determines that a dealer or supplier , or any unlicensed person who collects an excise tax, has failed to submit a tax return when due pursuant to this chapter or failed to pay the tax when due pursuant to this chapter, the Department may order the dealer , [or] supplier or unlicensed person to hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the State. The dealer , [or] supplier or unlicensed person shall comply with the order immediately upon receiving notification of the order from the Department.

      Sec. 19.  NRS 365.340 is hereby amended to read as follows:

      365.340  1.  If the amount of any excise tax for any month is not paid to the State on or before the [last day of the next month,] date due, it becomes delinquent at the close of business on that day. [A dealer, supplier or user may have up to 15 additional days to make the payment if he makes written application to the Department on or before the day the payment is due and the Department finds good cause for the extension.]

      2.  The proceeds from any penalty levied for the delinquent payment of an excise tax must be deposited with the State Treasurer to the credit of the State Highway Fund.

      Sec. 20.  NRS 365.370 is hereby amended to read as follows:

      365.370  Any person who exports any motor vehicle fuel or fuel for jet or turbine-powered aircraft from this State, or who sells any such fuel to the United States Government for official use of the United States Armed Forces, or who buys and uses any such fuel for purposes other than for the propulsion of motor vehicles or jet or turbine-powered aircraft, and who has paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of the tax by the vendor from the customer or indirectly by the addition of the amount of the tax to the price of the fuel, must be reimbursed and repaid the amount of the tax so paid by him , except as follows:

      1.  [Refund claims] Claims for refunds must be paid by prescribed classes in accordance with the [department’s regulations.] regulations of the Department.

      2.  The minimum claim for a refund must be based on at least 200 gallons of such fuel purchased [and used] in this State within a 6-month period [.] which is used for a purpose that is exempt from payment of the excise taxes imposed by this chapter.

      3.  No refund of motor vehicle fuel taxes may be made for off-highway use of motor vehicle fuel consumed in watercraft in this State for recreational purposes.

      4.  A person who exports, sells, buys or uses aviation fuel for any purpose is not entitled to reimbursement of any tax paid by him on such fuel.

 


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      Sec. 21.  NRS 365.500 is hereby amended to read as follows:

      365.500  1.  Every dealer, supplier, exporter and transporter shall cause to be kept a true record, in such form as may be prescribed or approved by the Department, of all stocks of motor vehicle fuel and fuel for jet or turbine-powered aircraft and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, exportations, transportations, use, sales and distribution thereof.

      2.  The Department or its authorized agents may:

      (a) Examine the books, records, papers and equipment of any dealer, supplier, exporter or transporter of such fuel or liquids, or of any other person transporting or storing such fuel or liquids;

      (b) Investigate the character of the disposition which any person makes of such fuel or liquids; and

      (c) Stop and inspect a motor vehicle that is using or transporting such fuel or liquids,

Ê to determine whether all excise taxes due pursuant to this chapter are being properly reported and paid.

      3.  Books and records [are subject to inspection at all times within business hours by the Department or its authorized agents, and] subject to examination pursuant to subsection 2 must remain available for [inspection] examination for a period of 4 years after the date of any entry therein.

      [3.] 4.  If a dealer, supplier, exporter or transporter wishes to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada for inspection as provided in this section, he must pay a fee for the examination in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining those books and records, plus the actual expenses of the examiner during the time that the examiner is absent from this State for the purpose of making the examination, but the time must not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing those books and records. Not more than two such examinations may be charged against any dealer, supplier, exporter or transporter in any year.

      [4.] 5.  Any money received must be deposited by the Department to the credit of the fund or operating account from which the expenditures for the examination were paid.

      [5.] 6.  Upon the demand of the Department, each dealer, supplier, exporter or transporter shall furnish a statement showing the contents of the books and records to such extent and in such detail and form as the Department may require.

      Sec. 22.  NRS 365.520 is hereby amended to read as follows:

      365.520  1.  Every transporter, except a dealer licensed under this chapter or a wholesale distributor transporting the products of a dealer licensed under this chapter, who transports motor vehicle fuel or fuel for jet or turbine-powered aircraft in interstate commerce to or from any point within this State, or solely within this State, shall report all [of] those deliveries to the Department.

      2.  A report must be made for each calendar month and must be filed [within 25 days after the end of the month for which the report is made.] not later than the last day of each month for the deliveries made during the preceding month. The report must show:

 


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      (a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.

      (b) The date of every delivery.

      (c) The amount of every delivery in gallons.

      (d) Such other information as the Department may require.

      Sec. 23.  NRS 365.545 is hereby amended to read as follows:

      365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the:

      (a) Governmental entity which operates the airport at which the tax was collected, if the airport is operated by a governmental entity;

      (b) Governmental entity which owns the airport at which the tax was collected, if the airport is owned but not operated by a governmental entity; or

      (c) County in which is located the airport at which the tax was collected, if the airport is neither owned nor operated by a governmental entity.

      2.  Except as otherwise provided in subsection 3, the money allocated pursuant to subsection 1:

      (a) Must be used by the governmental entity receiving it to pay the cost of:

             (1) Transportation projects related to airports, including access on the ground to airports;

             (2) The payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1);

             (3) Promoting the use of an airport located in a county whose population is less than 400,000, including, without limitation, increasing the number and availability of flights at the airport;

             (4) Contributing money to the Trust Fund for Aviation created by NRS 494.048; or

             (5) Any combination of those purposes; and

      (b) May also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      3.  Any money allocated pursuant to subsection 1 to a county whose population is 400,000 or more and in which a regional transportation commission has been created pursuant to chapter 373 of NRS, from the proceeds of the tax imposed pursuant to [subparagraph (1) of paragraph (b) of subsection 1] paragraph (a) of subsection 2 of NRS 365.170 on fuel for jet or turbine-powered aircraft sold, distributed or used in that county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may, in addition to the uses authorized pursuant to subsection 2, be allocated by the county to that regional transportation commission. The money allocated pursuant to this subsection to a regional transportation commission:

      (a) Must be used by the regional transportation commission:

             (1) To pay the cost of transportation projects described in a regional plan for transportation established by that regional transportation commission pursuant to NRS 373.1161;

 


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             (2) For the payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1); or

             (3) For any combination of those purposes; and

      (b) May also be pledged for the payment of general or special obligations issued by the county at the request of the regional transportation commission to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      Sec. 24.  NRS 365.575 is hereby amended to read as follows:

      365.575  An exporter shall not sell or distribute motor vehicle fuel [, other than aviation fuel,] in this State. An exporter who violates the provisions of this section:

      1.  Is guilty of a misdemeanor; and

      2.  Shall, within the period prescribed in NRS [365.175,] 365.330, pay to the Department the taxes imposed pursuant to NRS 365.175 to 365.192, inclusive, on all motor vehicle fuel [, other than aviation fuel,] sold or distributed in this State.

      Sec. 25.  Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 30, inclusive, of this act.

      Sec. 26.  Every person not licensed pursuant to this chapter who collects an excise tax shall, not later than the last day of each calendar month, file with the Department a tax return upon which is reported all such taxes collected during the preceding calendar month and, in accordance with the provisions of NRS 366.370, pay the tax to the Department.

      Sec. 27.  1.  A responsible person who willfully fails to collect or pay to the Department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with the special fuel dealer or special fuel supplier for the tax owed, plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the Department that it is due.

      2.  As used in this section, “responsible person” includes:

      (a) An officer or employee of a corporation; and

      (b) A member or employee of a partnership or limited-liability company,

Ê whose job or duty it is to collect, account for or pay to the Department the tax imposed by this chapter.

      Sec. 28.  1.  Every retailer shall maintain and keep within the State for a period of 4 years a true record of special fuel received, the price thereof and the name of the person who supplied the special fuel, together with delivery tickets, invoices and such other records as the Department may require.

      2.  Such records are subject to inspection by the Department or its authorized agents at all times during business hours.

      Sec. 29.  The Department is authorized to have paid out of the State Highway Fund all expenses incurred in the prosecution before any court of this State of any person charged with the violation of any provision of this chapter.

      Sec. 30.  County sheriffs and all other peace officers and traffic officers of this State shall, without further compensation, assist in the enforcement of this chapter, and make arrests for that purpose when requested by the Department or its duly authorized agents.

 


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      Sec. 31.  NRS 366.075 is hereby amended to read as follows:

      366.075  “Special fuel transporter” means a person, except a special fuel supplier or special fuel exporter licensed pursuant to this chapter, who transports special fuel in interstate commerce by pipeline, rail or truck to or from any point within this State, or solely within this State.

      Sec. 32.  NRS 366.140 is hereby amended to read as follows:

      366.140  1.  Every special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter, special fuel user and retailer, and every other person transporting or storing special fuel in this State shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the Department requires.

      2.  The records, receipts, invoices and other pertinent papers described in subsection 1 must be preserved for 4 years after the date on which the record, receipt, invoice or other pertinent paper was created or generated.

      3.  The records, receipts, invoices and other pertinent papers must be available at all times during business hours to the Department or its authorized agents.

      4.  In addition to any other penalty that may be imposed, any violation of the provisions of this section constitutes grounds for the Department to deny any future application for a license pursuant to this chapter that is submitted by a person who is determined to be responsible for the violation.

      Sec. 33.  NRS 366.207 is hereby amended to read as follows:

      366.207  1.  Except as otherwise provided in [subsections 2 and 3,] subsection 2, each special fuel supplier who sells or distributes special fuel to which dye has not been added shall, at the time the special fuel is purchased, collect the tax imposed pursuant to NRS 366.190.

      2.  [A special fuel supplier may sell special fuel to a purchaser without collecting the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel:

      (a) Has been issued a permit by the Department pursuant to NRS 366.397; and

      (b) Elects to defer payment of the tax.

      3.]  A special fuel supplier shall not collect the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel is:

      (a) A special fuel supplier;

      (b) A special fuel exporter; or

      (c) A special fuel dealer.

      3.  A special fuel supplier or special fuel exporter shall not purchase special fuel on which the tax imposed pursuant to NRS 366.190 has been paid, except that a newly licensed special fuel supplier or special fuel exporter may purchase such fuel during its first month of operation.

      4.  A special fuel supplier who sells special fuel to any other special fuel supplier , [or] special fuel dealer or special fuel exporter shall keep such records of the transaction as the Department may require. The Department shall adopt regulations setting forth:

      (a) The records which must be kept by the special fuel supplier pursuant to this subsection; and

      (b) The period for which those records must be kept by the special fuel supplier.

      5.  If, within a period of 6 months, a person purchases [not less than] 200 gallons or more of special fuel in this State which is used for a purpose that is exempt from the payment of the tax on special fuel pursuant to NRS 366.200, he may apply to the Department for a refund in the manner prescribed in subsection 6 of NRS 366.650.

 


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NRS 366.200, he may apply to the Department for a refund in the manner prescribed in subsection 6 of NRS 366.650.

      6.  Any person who resells, for a taxable purpose, special fuel that was exempt from the tax imposed by this chapter and to which dye has not been added shall collect the tax and remit it to the Department.

      Sec. 34.  NRS 366.220 is hereby amended to read as follows:

      366.220  1.  Except as otherwise provided in this chapter [, it is unlawful for any:

      (a) Special fuel supplier, special fuel dealer or special fuel user to sell or use special fuel within this State unless the special fuel supplier, special fuel dealer or special fuel user is the holder of a special fuel supplier’s, special fuel dealer’s or special fuel user’s license issued to him by the Department.

      (b) Person to be a:

             (1) Special fuel exporter unless the person is the holder of a special fuel exporter’s license issued to him by the Department.

             (2) Special fuel transporter unless the person is the holder of a special fuel transporter’s license issued to him by the Department.

      (c) Retailer or other person to sell or distribute dyed special fuel unless the retailer or person controls the access to the dyed special fuel.] :

      (a) Before becoming a special fuel dealer, special fuel supplier, special fuel exporter, special fuel transporter or special fuel user, a person must apply to the Department, on forms to be prescribed by the Department, for a license authorizing the applicant to engage in business as a special fuel dealer, special fuel supplier, special fuel exporter or special fuel transporter, or to operate as a special fuel user.

      (b) It is unlawful for any person to be:

             (1) A special fuel dealer without holding a license as a special fuel dealer pursuant to this chapter.

             (2) A special fuel supplier without holding a license as a special fuel supplier pursuant to this chapter.

             (3) A special fuel exporter without holding a license as a special fuel exporter pursuant to this chapter.

             (4) A special fuel transporter without holding a license as a special fuel transporter pursuant to this chapter.

             (5) A special fuel user without holding a license as a special fuel user pursuant to this chapter.

      2.  The Department may adopt regulations relating to the issuance of any [special fuel supplier’s, special fuel dealer’s, special fuel exporter’s, special fuel transporter’s or special fuel user’s] license pursuant to this chapter and the collection of fees therefor.

      Sec. 35.  NRS 366.235 is hereby amended to read as follows:

      366.235  1.  An applicant for or holder of a license as a special fuel [supplier’s] supplier or special fuel [dealer’s license] dealer shall provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all [of] the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due [to] the State of Nevada. The total amount of the bond or bonds of any holder of such a [special fuel supplier’s or special fuel dealer’s] license must be fixed by the Department at not less than three times the estimated maximum monthly tax, determined in such a manner as the Department deems proper, but the amount must not be less than $1,000 for a special fuel supplier and must not be less than $100 for a special fuel dealer.

 


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special fuel supplier and must not be less than $100 for a special fuel dealer. If [the Department determines that a person] a special fuel supplier or special fuel dealer is habitually delinquent in the payment of amounts due pursuant to this chapter, the Department [, it] may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.

      2.  If a special fuel user is habitually delinquent in the payment of amounts due pursuant to this chapter, the Department shall require the special fuel user to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due the State of Nevada. The total amount of the bond must not be less than $2,500.

      3.  No recovery on any bond, [nor the] execution of any new bond [, nor the] or suspension or revocation of any license as a special fuel [supplier’s or] supplier, special fuel [dealer’s license] dealer or special fuel user affects the validity of any bond.

      [3.] 4.  In lieu of a bond or bonds, an applicant for or holder of a license as a special fuel [supplier’s] supplier or special fuel [dealer’s license] dealer, or a person required to provide a bond pursuant to subsection 2, may deposit with the State Treasurer, under such terms as the Department may prescribe, [a like] an equivalent amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Department.

      [4.] 5.  If the holder of a license as a special fuel [supplier’s] supplier or special fuel [dealer’s license] dealer is required to provide a bond of more than $5,000, the Department may reduce the requirements for the bond to not less than $5,000 upon the [supplier’s or dealer’s] faithful performance of the special fuel supplier or special fuel dealer of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.

      [5.] 6.  The Department shall immediately reinstate the original requirements for a bond for a holder of a license as a special fuel [supplier’s] supplier or special fuel [dealer’s license] dealer upon his:

      (a) Lack of faithful performance of the requirements of this chapter; or

      (b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.

      7.  For the purposes of this section, a person is “habitually delinquent” if, within any 12-month period, the person commits each of the following acts or commits either of the following acts more than once:

      (a) Fails timely to file a monthly or quarterly special fuel tax return, unless the Department determines that:

             (1) The failure to file was caused by circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care; and

             (2) The person has paid any penalty and interest imposed by the Department because of the failure to file.

 


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      (b) Fails timely to submit to the Department any tax collected by the person pursuant to this chapter.

      Sec. 36.  NRS 366.260 is hereby amended to read as follows:

      366.260  1.  A license issued pursuant to this chapter:

      (a) [Except as otherwise provided in subsection 2, is valid until] Is valid for 1 year unless suspended, revoked or cancelled.

      (b) Is not transferable.

      2.  [Each special fuel user’s license is valid for a calendar year unless suspended, revoked or cancelled.] The Department shall adopt regulations providing for the renewal of such licenses.

      Sec. 37.  NRS 366.270 is hereby amended to read as follows:

      366.270  If any person ceases to be a special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter or special fuel user within this State by reason of the discontinuance, sale or transfer of his business, he shall:

      1.  Notify the Department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of the discontinuance, sale or transfer, and the name and address of any purchaser or transferee.

      2.  Surrender to the Department the license issued to him by the Department.

      3.  If he is:

      (a) A special fuel user [,] registered under the Interstate Highway User Fee Apportionment Act, file the tax return required pursuant to NRS 366.380 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      (b) A special fuel supplier, file the tax return required pursuant to NRS 366.383 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      (c) A special fuel dealer, file the tax return required pursuant to NRS 366.386 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      (d) A special fuel exporter, file the report required pursuant to NRS 366.387 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      (e) A special fuel transporter, file the report required pursuant to NRS 366.695 [within 25 days after the end] on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

      Sec. 38.  NRS 366.350 is hereby amended to read as follows:

      366.350  1.  The Department may suspend, revoke or cancel the license of any special fuel dealer, special fuel supplier, special fuel exporter, special fuel transporter or special fuel user for [reasonable cause, including, without limitation,] refusing or neglecting to comply with the provisions of this chapter.

      2.  If a special fuel dealer or special fuel supplier becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond or bonds furnished by the special fuel dealer or special fuel supplier, the Department shall suspend his license immediately.

 


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that his liability exceeds the total amount of bond or bonds furnished by the special fuel dealer or special fuel supplier, the Department shall suspend his license immediately.

      3.  Before revoking or cancelling a license [,] issued pursuant to this chapter, the Department shall send a notice by registered or certified mail to the [licensee] special fuel dealer, special fuel supplier, special fuel exporter or special fuel transporter at his last known address . [ordering him to appear before the Department at a time not less than 10 days after the mailing of the notice and] The notice must order the special fuel dealer, special fuel supplier, special fuel exporter or special fuel transporter to show cause why [the] his license should not be revoked [.] by appearing before the Department at Carson City, Nevada, or such other place in this State as may be designated by the Department, at a time not less than 10 days after the mailing of the notice. The Department shall allow the special fuel dealer, special fuel supplier, special fuel exporter or special fuel transporter an opportunity to be heard. The Department may revoke or cancel his license after reviewing all information received.

      4.  The Department shall cancel any license issued pursuant to this chapter upon the surrender of the license by the holder.

      5.  If a surety has lodged with the Department a written request to be released and discharged of liability, the Department shall notify the special fuel supplier or special fuel dealer who furnished the bond, and unless he files a new bond as required by the Department or makes a deposit in lieu thereof as provided in NRS 366.235, the Department shall cancel his license.

      Sec. 39.  NRS 366.375 is hereby amended to read as follows:

      366.375  1.  If the amount of any excise tax for any reporting period is not paid to the State on or before the [day the payment is due pursuant to this chapter,] date due, the payment becomes delinquent at the close of business on that day. [A special fuel supplier, special fuel dealer or special fuel user may have up to 15 additional days to make the payment if he makes written application to the Department on or before the day the payment is due and the Department finds good cause for the extension.]

      2.  The proceeds from any penalty levied for the delinquent payment of an excise tax must be deposited with the State Treasurer to the credit of the State Highway Fund.

      Sec. 40.  NRS 366.380 is hereby amended to read as follows:

      366.380  1.  [Except as otherwise provided in subsection 2, on] On or before the last day of January, April, July and October in each year, each special fuel user registered under the Interstate Highway User Fee Apportionment Act shall file with the Department a quarterly tax return for the preceding quarter, regardless of the amount of excise tax due, on a form prescribed by the Department. The special fuel user shall include with the tax return payment of any excise tax due. If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.

      2.  [A special fuel user may, upon the issuance or renewal of a special fuel license, request to file a tax return annually with the Department. If the request is approved by the Department, the special fuel user shall file with the Department a tax return for the preceding year on or before the last day of January of each year, regardless of the amount of excise tax due, on a form prescribed by the Department.

 


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      3.]  The return must show such information as the Department may reasonably require for the proper administration and enforcement of this chapter.

      Sec. 41.  NRS 366.395 is hereby amended to read as follows:

      366.395  1.  Any special fuel user who fails to file a tax return or pay any excise tax [within the time prescribed by this chapter] by the date due shall pay, in addition to [the tax, a penalty] any tax that may be due, a delinquent filing fee of $50 [or] and a penalty of 10 percent of the amount of tax owed, [whichever is greater,] plus interest on the amount of [the] any tax that may be due at the rate of 1 percent per month or fraction thereof, from the date the tax [became finally] was due until the date of payment.

      2.  A tax return , [or] statement or payment is considered delinquent [when it has not been] if it is not received by the Department [by] on or before the date the tax return , [or] statement or payment is due, as prescribed by the provisions of this chapter.

      3.  A tax return, statement or payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any country upon an envelope containing the tax return, statement or payment.

      Sec. 42.  NRS 366.540 is hereby amended to read as follows:

      366.540  1.  The tax provided for by this chapter must be paid by special fuel suppliers, special fuel dealers and special fuel users. A special fuel supplier or special fuel dealer shall pay to the Department the excise tax he collects from purchasers of special fuel with the return filed pursuant to NRS 366.383 or 366.386, respectively. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the amount that the number of gallons of special fuel consumed by the special fuel user in the propulsion of motor vehicles on the highways of this State exceeds the number of gallons of special fuel purchases by him.

      2.  [Except as otherwise provided in subsection 3, in computing the amount of tax on special fuel a special fuel supplier owes to the Department, the special fuel supplier may deduct from the amount due pursuant to subsection 1 any amount which is due but has not been paid by a purchaser who is authorized by the Department to defer payment of the tax pursuant to NRS 366.397. If such a deduction is claimed, the claim must identify the purchaser and the amount of taxes that he failed to pay.

      3.  A special fuel supplier shall not deduct from the amount he owes the Department pursuant to subsection 1 any amount which has not been paid by a person whose permit to defer the payment of the tax has been revoked pursuant to subsection 4 of NRS 366.397 if, before the special fuel was purchased, the special fuel supplier had been notified by the Department pursuant to subsection 5 of NRS 366.397 that it had revoked the purchaser’s permit.

      4.]  If the Department determines that a special fuel supplier or special fuel dealer , or any unlicensed person who collects an excise tax, has failed to submit a tax return when due pursuant to this chapter or failed to pay the tax when due pursuant to this chapter, the Department may order the special fuel supplier , [or] special fuel dealer or unlicensed person to hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the State. The special fuel supplier , [or] special fuel dealer or unlicensed person shall comply with the order immediately upon receiving notification of the order from the Department.

 


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      3.  A retailer who receives or sells special fuel for which the taxes imposed pursuant to this chapter have not been paid is liable for the taxes and any applicable penalty or interest if the retailer knew or should have known that the applicable taxes on the special fuel had not been paid.

      Sec. 43.  NRS 366.650 is hereby amended to read as follows:

      366.650  1.  If illegally or through error the Department collects or receives any excise tax, penalty or interest imposed pursuant to this chapter, the excise tax, penalty or interest must be refunded to the person who paid the tax, penalty or interest. A written application for a refund, including, without limitation, a request for a refund that is submitted on an amended tax return, stating the specific grounds therefor, must be made within 12 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.

      2.  Refunds must be made to a successor, assignee, estate or heir of the person if written application is made within the time limit.

      3.  Any amount determined to be refundable by the Department must be refunded or credited to any amounts then due from the special fuel supplier or special fuel dealer.

      4.  All amounts refunded pursuant to the provisions of this chapter must be paid from the State Highway Fund on claims presented by the Department, approved by the State Board of Examiners, and allowed and paid as other claims against the State are allowed and paid.

      5.  A licensed special fuel user operating interstate or off road, or both, who can prove to the satisfaction of the Department that his special fuel purchases in Nevada exceed his use of the special fuel over the highways of this State for a certain quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 371, 482 or 706 of NRS and any balance may be refunded or credited to succeeding reports.

      6.  A person who wishes to apply for a refund of the tax on special fuel paid by him pursuant to subsection 5 of NRS 366.207 must:

      (a) Submit an application for the refund on a form prescribed by the Department; and

      (b) Establish to the satisfaction of the Department that within a period of 6 months he purchased not less than 200 gallons of special fuel in this State which was used for a purpose that is exempt from the tax on special fuel pursuant to NRS 366.200.

Ê The Department shall refund to an applicant who complies with the provisions of this subsection a refund in an amount equal to the tax paid by the applicant less the percentage allowed the special fuel supplier pursuant to NRS 366.390.

      7.  To establish the validity of any claim for a refund, the Department may, upon demand, examine the books and records of the claimant. The failure of the claimant to accede to such a demand constitutes a waiver of all rights to the refund claimed on account of the transactions questioned.

      8.  No refund of special fuel taxes may be made for off-highway use of special fuel consumed in watercraft in this State for recreational purposes.

      Sec. 44.  NRS 366.695 is hereby amended to read as follows:

      366.695  1.  Every special fuel transporter, except a wholesale distributor transporting the products of a special fuel supplier licensed pursuant to this chapter, who transports special fuel in interstate commerce to or from any point within this State, or solely within this State, shall report all of those deliveries to the Department.

 


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pursuant to this chapter, who transports special fuel in interstate commerce to or from any point within this State, or solely within this State, shall report all of those deliveries to the Department.

      2.  A report must be made for each calendar month and must be filed [within 25 days after the end of the month for which the report is made.] not later than the last day of each month for the deliveries made during the preceding month. The report must show:

      (a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made;

      (b) The date of each delivery;

      (c) The number of gallons of special fuel delivered for each delivery; and

      (d) Such other information as the Department may require.

      Sec. 45.  NRS 366.715 is hereby amended to read as follows:

      366.715  1.  The Department may seal a special fuel pump of a retailer or special fuel dealer , or the metered pipes and hoses of a rack of a special fuel dealer or special fuel supplier, if the retailer, special fuel dealer or special fuel supplier:

      (a) Becomes delinquent in payment of any amount due pursuant to the provisions of this chapter;

      (b) Operates without the license required by the provisions of this chapter; or

      (c) Operates without the bond or cash deposit required by the provisions of this chapter.

      2.  A special fuel pump of a retailer or special fuel dealer , or the metered pipes and hoses of the rack of a special fuel dealer or special fuel supplier, may be sealed until all required reports are filed, the tax, penalties and interest are paid in full, the required license is obtained and the bond or cash deposit is provided.

      3.  Before sealing [the] a fuel pump or the metered pipes and hoses of a rack, the Department must send a notice by registered or certified mail to the [licensed] retailer, special fuel [supplier] dealer or special fuel [dealer] supplier at his last known address ordering him to appear before the Department at a time not less than 10 days after the mailing of the notice and show cause why the fuel pump or the metered pipes and hoses of the rack should not be sealed.

      Sec. 46.  NRS 366.720 is hereby amended to read as follows:

      366.720  1.  Any person who:

      [1.] (a) Fails or refuses to pay the tax imposed by this chapter;

      [2.] (b) Engages in business in this State as a special fuel user, special fuel exporter, special fuel dealer or special fuel supplier, or acts in this State as a special fuel transporter, without being the holder of a license to engage in that business or to act in that capacity;

      [3.] (c) Fails to make any of the reports required by this chapter;

      [4.] (d) Makes any false statement in any application, report or statement required by this chapter;

      [5.] (e) Refuses to permit the Department or any authorized agent to examine records as provided by this chapter;

      [6.] (f) Fails to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this State as required by this chapter;

 


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      [7.] (g) Makes any false statement in connection with an application for the refund of any money or taxes provided in this chapter;

      [8.] (h) Violates the provisions of NRS 366.265;

      [9.] (i) Fails or refuses to stop his motor vehicle for an inspection to determine if all excise taxes due pursuant to the provisions of this chapter are being properly reported and paid; or

      [10.] (j) Refuses to allow the Department or an authorized agent to inspect a motor vehicle to determine whether all excise taxes due pursuant to the provisions of this chapter are being properly reported and paid,

Ê is guilty of a misdemeanor.

      2.  Each day or part thereof during which any person engages in business as a special fuel dealer, special fuel supplier or special fuel exporter or acts as a special fuel transporter without being the holder of a license authorizing him to engage in that business or to act in that capacity constitutes a separate offense within the meaning of this section.

      Sec. 46.5.  NRS 244A.637 is hereby amended to read as follows:

      244A.637  1.  For the acquisition of any recreational facilities authorized in NRS 244A.597 to 244A.655, inclusive, for the purposes described in subsection 3, or for any combination thereof, the county fair and recreation board, at any time or from time to time may:

      (a) In the name of and on behalf of the county, issue:

             (1) General obligation bonds, payable from taxes; and

             (2) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;

      (b) In the name of and on behalf of the county fair and recreation board, issue revenue bonds:

             (1) Payable from the net revenues to be derived from the operation of such recreational facilities;

             (2) Secured by a pledge of revenues from any tax on the rental of transient lodging levied for revenue by the county or a city;

             (3) Secured by any other revenue that may be legally made available for their payment; or

             (4) Payable or secured by any combination of subparagraph (1), (2) or (3); and

      (c) Make a contract with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, creating an indebtedness if a question authorizing such contract is submitted to and approved by a majority of the qualified electors of the county in the manner provided in NRS 350.020 to 350.070, inclusive. This paragraph does not apply to contracts for the prepayment of rent or other similar obligations.

      2.  Revenue bonds issued pursuant to this section must be authorized by resolution of the county fair and recreation board, and no further approval by any person, board or commission is required.

      3.  In a county whose population is 400,000 or more, the county fair and recreation board shall, at the request of the Department of Transportation, use its commercially reasonable best efforts to issue bonds as provided in subsections 1 and 2 for the purpose of providing money to the Department of Transportation to assist in paying the cost of any project in the county for which bonds are authorized to be issued pursuant to NRS 408.273.

 


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the Department of Transportation to assist in paying the cost of any project in the county for which bonds are authorized to be issued pursuant to NRS 408.273.

      4.  Bonds may be issued for the purposes described in subsection 3 only if:

      (a) The county fair and recreation board determines that the provision of money for the purposes described in subsection 3 is essential to providing access to tourists to the recreational and tourism facilities of the county, including, without limitation, the recreational facilities of the county fair and recreation board;

      (b) The bonds are issued in compliance with any contractual limitations set forth in the instruments authorizing any outstanding bonds issued as provided in subsections 1 and 2; and

      (c) The aggregate principal amount of bonds issued for the purposes described in subsection 3, excluding any bonds issued to refund those bonds, does not exceed the lesser of:

             (1) Three hundred million dollars; or

             (2) An amount which the county fair and recreation board determines can be repaid, as to all principal and interest, over a period of not more than 30 years with the expenditure of not more than $20,000,000 per year.

      5.  All determinations of the county fair and recreation board under this section shall be deemed to be conclusive, absent fraud or a gross abuse of discretion.

      6.  The issuance and payment of bonds issued pursuant to subsection 3 is hereby declared to be a use which is in fulfillment of the statutory requirements of NRS 244A.645 and of any requirements of any ordinance pursuant to which a tax is levied for the benefit of the county fair and recreation board or transferred thereto, and no such ordinance may be repealed or amended in any manner which would affect adversely the receipt and use by the county fair and recreation board of the revenues pledged to any bonds issued pursuant to this section, during the term of the bonds issued pursuant to this section or any bonds that refund those bonds.

      7.  Any money provided to the Department of Transportation pursuant to subsection 3 must be deposited in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235 and expended for the purposes described in subsection 3 of this section.

      Sec. 47.  NRS 354.59815 is hereby amended to read as follows:

      354.59815  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 5 cents per $100 of the assessed valuation of the county.

      2.  [The] If a tax is levied pursuant to subsection 1 in:

      (a) A county whose population is less than 100,000, the board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of [any tax levied pursuant to the provisions of subsection 1] the tax among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county for the 1990-1991 Fiscal Year.

 


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      (b) A county whose population is 100,000 or more, the board of county commissioners shall direct the county treasurer to distribute quarterly, from the proceeds of the tax for:

             (1) The fiscal year beginning on July 1, 2008:

                   (I) Eighty-eight percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Twelve percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (2) The fiscal year beginning on July 1, 2009:

                   (I) Seventy-six percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Twenty-four percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (3) The fiscal year beginning on July 1, 2010:

                   (I) Sixty-four percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Thirty-six percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (4) The fiscal year beginning on July 1, 2011:

                   (I) Fifty-two percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Forty-eight percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (5) Each fiscal year beginning on or after July 1, 2012:

                   (I) Forty percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

 


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ê2007 Statutes of Nevada, Page 1590 (Chapter 344, AB 595)ê

 

                   (II) Sixty percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

      3.  The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of subsection 1 without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

      Sec. 47.1.  Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 47.2 and 47.3 of this act.

      Sec. 47.2.  1.  The Board shall adopt a plan for measuring the performance of the Department, which must include separate sets of performance measurements for each division of the Department and for the Department as a whole.

      2.  The Director shall, not later than December 31 of each year:

      (a) Prepare a report, based upon the relevant performance measurements adopted pursuant to subsection 1, on the level of achievement of each division of the Department and of the Department as a whole during the immediately preceding fiscal year. The report must include a discussion of:

             (1) The goals and objectives of the Department, and the current status of the Department in relation to meeting those goals and objectives;

             (2) Any applicable directives from the Board or Legislature since the most recent report prepared pursuant to this section;

             (3) The scheduling, scope, cost and progress of any current or proposed highway projects;

             (4) The sources, amount and expenditure of any funding received during the immediately preceding fiscal year;

             (5) The rationale used to establish priorities for the completion of highway projects; and

             (6) Any recommendations for amendments to the plan adopted pursuant to subsection 1.

      (b) Submit the report to:

             (1) The Board; and

             (2) The Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

      Sec. 47.3.  1.  Before the Department submits a proposal for a highway project to the Board for approval, the Department shall prepare a written analysis of the costs and benefits of the project. The analysis must state, for each highway district in which the project is proposed:

      (a) The limits of the project;

      (b) The period of analysis;

      (c) The discount rate used in the analysis;

      (d) The initial costs of the Department for the project, including any costs for design, engineering, the acquisition of land and construction;

      (e) The future costs of the Department to preserve and maintain the project, discounted to present value;

      (f) Any other costs of the Department for any other construction or any mitigation associated with the project;

 


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      (g) The costs to highway users for any loss of safety, delays in the time of travel and costs for the operation of vehicles that are associated with the project;

      (h) The costs of any environmental impacts, including vehicle emissions and noise, that are associated with the project; and

      (i) The value of the benefits of the project, including the value of any:

             (1) Savings in the time of travel;

             (2) Improvements to safety; and

             (3) Savings in the cost of operating vehicles.

      2.  The analysis required by this section:

      (a) Must include a discussion of any additional increases in costs that would result from any delays in the performance of any routine maintenance scheduled under the maintenance program of the Department;

      (b) May include a discussion of:

             (1) The costs of the project for any other persons and governmental agencies;

             (2) The value of any other social, economic or environmental benefits or costs of the project; and

             (3) Any costs or benefits which may result from the use of any alternative design, construction or financing practices; and

      (c) Must be prepared in a format that allows for the comparison of proposed highway projects.

      3.  The analysis required by this section must be made available to the Board and the public when the agenda is posted for the meeting at which the proposal will be submitted to the Board for its approval.

      4.  As used in this section, “highway project” means a project that is expected to increase the capacity of the state highway system and cost at least $25 million.

      Sec. 47.4.  NRS 408.235 is hereby amended to read as follows:

      408.235  1.  There is hereby created the State Highway Fund.

      2.  Except as otherwise provided [in subsection 6 of NRS 482.180 and NRS 482.1805,] by a specific statute, the proceeds from the imposition of any:

      (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

      (b) Excise tax on gasoline or other motor vehicle fuel,

Ê must be deposited in the State Highway Fund and must, except for the costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

      3.  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

      4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

 


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      6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his warrant therefor upon the State Treasurer.

      7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 must be maintained in a separate account for the county from which the money was received. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

      (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

      (c) Must not be used for any costs of administration or to purchase any equipment.

      Sec. 47.5.  NRS 408.235 is hereby amended to read as follows:

      408.235  1.  There is hereby created the State Highway Fund.

      2.  Except as otherwise provided by a specific statute, the proceeds from the imposition of any:

      (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

      (b) Excise tax on gasoline or other motor vehicle fuel,

Ê must be deposited in the State Highway Fund and must, except for the costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

      3.  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

      [5.] 4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      [6.] 5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      [7.] 6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his warrant therefor upon the State Treasurer.

      7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 must be maintained in a separate account for the county from which the money was received.

 


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which the money was received. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

      (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

      (c) Must not be used for any costs of administration or to purchase any equipment.

      8.  The money deposited in the State Highway Fund pursuant to NRS 482.313 must be maintained in a separate account. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and

      (b) Must not be used for any costs of administration or to purchase any equipment.

      Sec. 47.6.  NRS 408.235 is hereby amended to read as follows:

      408.235  1.  There is hereby created the State Highway Fund.

      2.  Except as otherwise provided by a specific statute, the proceeds from the imposition of any:

      (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

      (b) Excise tax on gasoline or other motor vehicle fuel,

Ê must be deposited in the State Highway Fund and must, except for the costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

     3.  [The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 482.313 must be maintained in a separate account. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and

      (b) May not be used for any costs of administration or to purchase any equipment.

      4.]  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

 


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ê2007 Statutes of Nevada, Page 1594 (Chapter 344, AB 595)ê

 

      [5.] 4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      [6.] 5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      [7.] 6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his warrant therefor upon the State Treasurer.

      7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 354.59815 must be maintained in a separate account for the county from which the money was received. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

      (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

      (c) Must not be used for any costs of administration or to purchase any equipment.

      8.  The money deposited in the State Highway Fund pursuant to NRS 482.313 must be maintained in a separate account. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and

      (b) Must not be used for any costs of administration or to purchase any equipment.

      Sec. 48.  (Deleted by amendment.)

      Sec. 49.  NRS 482.313 is hereby amended to read as follows:

      482.313  1.  Upon the lease of a passenger car by a short-term lessor in this State, the short-term lessor [:

      (a) Shall] shall charge and collect from the short-term lessee:

            [(1)] (a) A governmental services fee of 6 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 7; [and]

            [(2)] (b) Any fee required pursuant to NRS 244A.810 or 244A.860; and

      [(b) May charge and collect from the short-term lessee a]

 


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ê2007 Statutes of Nevada, Page 1595 (Chapter 344, AB 595)ê

 

      (c) A recovery surcharge [not to exceed] fee of 4 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 8, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

Ê The amount of [any] each fee charged pursuant to this subsection must be indicated in the lease agreement.

      2.  The fees due from a short-term lessor to the Department of Taxation pursuant to subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:

      (a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of:

             (1) Each of the fees collected by the short-term lessor pursuant to [paragraph (a) of] subsection 1 during the immediately preceding calendar quarter; and

             (2) [Recovery surcharges, if any, collected by the short-term lessor pursuant to paragraph (b) of subsection 1 during the immediately preceding calendar quarter; and

             (3)] Vehicle licensing fees and taxes paid by the short-term lessor pursuant to this chapter during the immediately preceding calendar quarter.

      (b) Remit to the Department of Taxation [, the] :

             (1) The fees collected by the short-term lessor pursuant to [paragraph] paragraphs (a) and (b) of subsection 1 during the immediately preceding calendar quarter [.] ; and

             (2) One-quarter of the fees collected by the short-term lessor pursuant to paragraph (c) of subsection 1 during the immediately preceding calendar quarter.

      3.  Except as otherwise provided in a contract made pursuant to NRS 244A.820 or 244A.870, the Department of Taxation shall deposit all money received from short-term lessors pursuant to the provisions of [this section] :

      (a) Subparagraph (1) of paragraph (b) of subsection 2 with the State Treasurer for credit to the State General Fund [.] ; and

      (b) Subparagraph (2) of paragraph (b) of subsection 2 with the State Treasurer for credit to the State Highway Fund for administration pursuant to subsection 8 of NRS 408.235.

      4.  To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.

      5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

      6.  The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the fees described in subsection 1.

      7.  For the purposes of charging and collecting the governmental services fee described in [subparagraph (1) of] paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of [any recovery surcharge] the fees charged and collected pursuant to [paragraph] paragraphs (b) and (c) of subsection 1;

      (b) The amount of any charge for fuel used to operate the passenger car;

      (c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

 


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ê2007 Statutes of Nevada, Page 1596 (Chapter 344, AB 595)ê

 

      (d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; and

      (e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible .

      8.  For the purposes of charging and collecting the recovery surcharge fee described in paragraph [(b)] (c) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of the fees charged and collected pursuant to [paragraph] paragraphs (a) and (b) of subsection 1;

      (b) The amount of any charge for a collision damage waiver or a similar instrument that acts as a waiver of the short-term lessor’s right to collect from the short-term lessee for any damage to the passenger car;

      (c) The amount of any charge for fuel used to operate the passenger car;

      (d) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

      (e) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property;

      (f) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible; and

      (g) The amount of any concession fee or charge that the short-term lessor:

             (1) Is required to pay to do business at an airport, if applicable; and

             (2) Passes on to the short-term lessee of the passenger car.

      9.  The Executive Director of the Department of Taxation shall:

      (a) Adopt such regulations as he determines are necessary to carry out the provisions of this section; and

      (b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.

      10.  As used in this section, “vehicle licensing fees and taxes” means:

      (a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and

      (b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.

      Sec. 49.5.  NRS 482.31565 is hereby amended to read as follows:

      482.31565  1.  A short-term lessor shall not require the purchase of a waiver of damages, optional insurance or any other optional good or service as a condition for the lease of a passenger car.

      2.  [A] Except as otherwise provided in this subsection, a short-term lessor may sell a waiver of damages but shall not charge more than [$15] $22 per full or partial rental day or 24-hour rental period, as appropriate, for the waiver. The monetary amount set forth in this subsection must be adjusted for each fiscal year that begins on or after July 1, 2008, by adding to that amount the product of that amount multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2005, and the calendar year immediately preceding the fiscal year for which the adjustment is made. The Department shall, on or before March 1 of each year, publish the adjusted amount for the next fiscal year on its website or otherwise make that information available to short-term lessors.

 

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