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CHAPTER 367, AB 81

Assembly Bill No. 81–Committee on Corrections, Parole, and Probation

 

CHAPTER 367

 

AN ACT relating to public safety; revising provisions relating to the information the Central Repository for Nevada Records of Criminal History is required to disseminate to a licensing agency and to a prospective or current employer and the purposes for which such information may be considered; repealing the provisions requiring the Director of the Department of Public Safety to establish a program to compile and analyze data concerning the recidivism of offenders who commit sexual offenses; requiring the Director of the Department of Health and Human Services to establish a substantially similar program within the Department to compile and analyze data concerning the recidivism of juvenile sex offenders; repealing the provisions creating the Repository for Information Concerning Missing Persons within the Central Repository; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1.3 of this bill defines the term “records of criminal history of the United States or another state” for the purposes of disseminating certain information relating to certain offenses to employers and the use of such information.

      Section 2 of this bill authorizes the Records and Technology Division of the Department of Public Safety to request and receive from the Federal Bureau of Investigation information on the background and personal history of certain persons about whom an agency of this State or a local government is authorized by law to have accurate personal information for the protection of the agency or persons within the agency’s jurisdiction. (NRS 179A.075)

      Section 3 of this bill: (1) revises the circumstances in which an agency of criminal justice must provide records of criminal history to the Division of Welfare and Supportive Services of the Department of Health and Human Services or to the Aging Services Division of the Department; and (2) removes the requirement that agencies of criminal justice provide a person’s records of criminal history to the person’s attorney under certain circumstances. (NRS 179A.100)

      Existing law requires the Director of the Department of Public Safety to establish a program within the Central Repository for Nevada Records of Criminal History to compile and analyze data concerning the recidivism of offenders who commit sexual offenses and to assess the effectiveness of certain programs for the treatment of juvenile sex offenders. Section 25 of this bill repeals those provisions of existing law. (NRS 179A.270, 179A.280, 179A.290) Sections 15.3, 15.5 and 15.7 of this bill require the Director of the Department of Health and Human Services to establish a substantially similar program within the Department to compile and analyze data concerning the recidivism of juvenile sex offenders and to assess the effectiveness of certain programs for the treatment of juvenile sex offenders.

      Section 15.9 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to provide certain information collected by the Division concerning acts committed by a child adjudicated delinquent to the Director of the Department rather than to the Central Repository for use in the program established pursuant to sections 15.3, 15.5 and 15.7 of this bill. (NRS 62H.220)

 


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      Section 19 of this bill: (1) removes the provisions authorizing the Central Repository and the Investigation Division of the Department of Public Safety to send requests for certain identifying information regarding certain missing children to the parents or guardians of such children; (2) removes the duty of a law enforcement agency which receives such identifying information to transmit that information to the Central Repository and the Investigation Division; and (3) removes the duty of the Central Repository and the Investigation Division to compare any such identifying information received with the information on file concerning unidentified deceased children. (NRS 432.200)

      Section 25 of this bill repeals the provisions which provide for the creation of the Repository for Information Concerning Missing Persons within the Central Repository and the provision of a toll-free telephone service concerning information about missing persons. (NRS 179A.400, 179A.410)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.3.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Records of criminal history of the United States or another state” means records which originated in an agency of criminal justice of the Federal Government or an agency of criminal justice of another state.

      Sec. 1.7.  NRS 179A.010 is hereby amended to read as follows:

      179A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

      Sec. 2.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

 


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      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

            (1) Records of criminal history; and

            (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with [federal and state] repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

            (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

            (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

            (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

            (4) For whom such information is required to be obtained pursuant to NRS 426.335 and 449.179; or

            (5) About whom any agency of the State of Nevada or any political subdivision thereof [has a legitimate need] is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

 


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            (1) Has applied to the Superintendent of Public Instruction for a license;

            (2) Has applied to a county school district, charter school or private school for employment; or

            (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

            (1) Investigated pursuant to paragraph (d); or

            (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 426.335, 449.176 or 449.179.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 [,] and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department.

 


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other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

            (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

            (2) The fingerprints, voiceprint, retina image and iris image of a person.

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

      Sec. 3.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  In addition to any other information to which an employer is entitled or authorized to receive [,] from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives his written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense [.] or the information described in subsection 7 of NRS 179B.250.

 


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information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the [notice] information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history [or his attorney of record] when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee [,] or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

 


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      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative [.] , as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging Services Division of the Department of Health and Human Services or its designated representative [.] , as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 179A.110 is hereby amended to read as follows:

      179A.110  A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for which the record was requested. No person who receives information relating to records of criminal history pursuant to this chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate [it] the information further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 8.  NRS 179A.210 is hereby amended to read as follows:

      179A.210  1.  Upon receipt of a request from an employer for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall undertake a search for the information, unless the request does not conform to the requirements of the Repository. The search must be based on the fingerprints of the employee, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:

 


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furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:

      (a) Identifying any information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee in the Central Repository;

      (b) Requesting information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee from [federal repositories and] repositories of the United States or other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;

      (c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and

      (d) Determining whether the information relating to the offenses listed in subsection 4 of NRS 179A.190 is the type of information for which notice is subject to dissemination pursuant to this section.

      2.  Notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:

      (a) A conviction for any such offense, or a conviction based on an arrest or on an initial charge for any such offense;

      (b) An arrest or an initial charge for a sexual offense that is pending at the time of the request; or

      (c) Two or more incidents resulting in arrest or initial charge for a sexual offense that have not resulted in a conviction.

      3.  If a search of the records of the Central Repository reveals no information for which notice is subject to release, the Central Repository shall submit the fingerprints of the [employee] to the Federal Bureau of Investigation for a search of its records of criminal history. The Central Repository shall review all information received from the Federal Bureau of Investigation. Notice of any information received from the Federal Bureau of Investigation may be disseminated only if the information is of a kind for which notice is subject to release pursuant to this section.

      4.  Within 30 days after receipt of a request by an employer for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived his right to receive the results of the search, the report must be sent only to the employer. If the search revealed:

      (a) No information for which notice is subject to release, the report must include a statement to that effect; or

      (b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.

      5.  Upon receipt of corrected information relating to the offenses listed in subsection 4 of NRS 179A.190 for which notice was disseminated under this section, the Central Repository shall send written notice of the correction to:

 


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      (a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;

      (b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and

      (c) Upon request of the employee, any other employers who previously received the information.

      6.  Upon receipt of new information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the Central Repository shall send written notice of the information to:

      (a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;

      (b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and

      (c) Upon request of the employee, any other employers who previously received a report of the results of the search.

      Secs. 9-15.  (Deleted by amendment.)

      Sec. 15.1.  Chapter 62H of NRS is hereby amended by adding thereto the provisions set forth as sections 15.3, 15.5 and 15.7 of this act.

      Sec. 15.3.  The Legislature hereby finds and declares that:

      1.  A significant number of offenders in Nevada have been convicted of sexual offenses. Many of these offenders have been convicted of sexual offenses on more than one occasion, and many of these offenders began committing sexual offenses as juveniles.

      2.  There is a great need for a continuing statistical analysis regarding the recidivism of juvenile sex offenders so that the most appropriate punishment and treatment may be identified to prevent these juvenile sex offenders, as juveniles, from committing further acts that, if committed by adults, would be sexual offenses or, later as adults, from committing sexual offenses.

      Sec. 15.5.  As used in this section and sections 15.3 and 15.7 of this act:

      1.  “Juvenile sex offender” means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.

      2.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      (g) Open or gross lewdness pursuant to NRS 201.210;

      (h) Indecent or obscene exposure pursuant to NRS 201.220;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (k) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

 


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      (l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive;

      (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      (n) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection.

      Sec. 15.7.  1.  The Director of the Department of Health and Human Services shall establish within the Department a program to compile and analyze data concerning juvenile sex offenders. The program must be designed to:

      (a) Provide statistical data relating to the recidivism of juvenile sex offenders; and

      (b) Use the data provided by the Division of Child and Family Services of the Department of Health and Human Services pursuant to NRS 62H.220 to assess the effectiveness of programs for the treatment of juvenile sex offenders.

      2.  The Director of the Department of Health and Human Services shall report the statistical data and findings from the program to:

      (a) The Legislature at the beginning of each regular session.

      (b) The Advisory Commission on the Administration of Justice on or before January 31 of each even-numbered year.

      3.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.

      Sec. 15.9.  NRS 62H.220 is hereby amended to read as follows:

      62H.220  1.  For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services:

      (a) The information listed in NRS 62H.210;

      (b) The name of the child; and

      (c) All information concerning programs of treatment in which the child participated that:

            (1) Were directly related to the delinquent act committed by the child; or

            (2) Were designed or utilized to prevent the commission of another such act by the child in the future.

      2.  The Division of Child and Family Services shall provide the information collected pursuant to subsection 1 to the [Central Repository] Director of the Department of Health and Human Services for use in the program established pursuant to [NRS 179A.270, 179A.280 and 179A.290.] sections 15.3, 15.5 and 15.7 of this act.

      3.  Except as otherwise provided in NRS 239.0115, all information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and [NRS 179A.290.] section 15.7 of this act.

 


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

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      (g) Open or gross lewdness pursuant to NRS 201.210;

      (h) Indecent or obscene exposure pursuant to NRS 201.220;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (k) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;

      (l) Annoyance or molestation of a minor pursuant to NRS 207.260;

      (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive;

      (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      (o) An offense committed in another jurisdiction that, if committed in this State, would have been an offense listed in this subsection.

      Sec. 16.  NRS 239B.010 is hereby amended to read as follows:

      239B.010  1.  Any agency of the State or any political subdivision may request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

      (a) Who has applied to it for a license as required by any statute or local ordinance which it has the power to grant or deny;

      (b) With whom it intends to enter into a relationship of employment or a contract for personal services;

      (c) Who has applied to it to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission; or

      (d) About whom it [has a legitimate need] is authorized by law to have accurate personal information for the protection of the agency or the people within its jurisdiction.

      2.  Except as otherwise provided in subsection 3:

      (a) To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1, the agency or political subdivision must:

            (1) Require the person to submit a complete set of his fingerprints; and

            (2) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) Only the Central Repository may:

            (1) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section;

            (2) Submit those fingerprints to the Federal Bureau of Investigation; and

            (3) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.

 


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      3.  If an agency or political subdivision that wishes to request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1 is required by federal law to comply with specific procedures to request and receive such information from the Federal Bureau of Investigation:

      (a) The provisions of subsection 2 do not apply to the agency or political subdivision; and

      (b) The agency or political subdivision must comply with the specific procedures required by federal law.

      Secs. 17 and 18.  (Deleted by amendment.)

      Sec. 19.  NRS 432.200 is hereby amended to read as follows:

      432.200  1.  A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including, but not limited to, a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as “runaway,” “abducted by his parent,” “abducted by a stranger” or “cause of disappearance unknown,” and shall:

      (a) Transmit all available information about the child to the Clearinghouse [and to the Central Repository for Nevada Records of Criminal History] within 36 hours after the report is received;

      (b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;

      (c) Fully comply with the requirements of the National Child Search Assistance Act of 1990, Title XXXVII of Public Law 101-647, 104 Stat. 4966; and

      (d) Enter into the National Crime Information Center’s Missing Person File , [and the Repository for Information Concerning Missing Persons within the Central Repository for Nevada Records of Criminal History,] as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted the unlawful abduction or detention.

      2.  A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

      (a) The suspect; and

      (b) As miscellaneous information, the missing child.

Ê The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center’s Missing Person File . [and with the Repository for Information Concerning Missing Persons within the Central Repository for Nevada Records of Criminal History.]

      3.  If a missing child is less than 16 years of age or has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall : [, and the Division or the Central Repository for Nevada Records of Criminal History may:]

      (a) Send to the child’s parent or guardian a request for certain identifying information regarding the child that the National Crime Information Center recommends be provided; and

      (b) Ask the child’s parent or guardian to provide such identifying information regarding the child.

 


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Ê [If a law enforcement agency receives the identifying information, it shall transmit all information so released to it to the Division and to the Central Repository. The Division and the Central Repository shall, upon receipt of the identifying information about the missing child, compare the information with the information that is on file concerning unidentified deceased children.] This subsection does not preclude the voluntary release of identifying information about the missing child by his parent or guardian at any time.

      4.  The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center [, the Central Repository for Nevada Records of Criminal History] and the Clearinghouse.

      5.  Nothing in this section requires a law enforcement agency to activate the Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340.

      [6.  As used in this section, “Division” means the Investigation Division of the Department of Public Safety.]

      Secs. 20-24.  (Deleted by amendment.)

      Sec. 25.  NRS 179A.270, 179A.280, 179A.290, 179A.400 and 179A.410 are hereby repealed.

________

 

CHAPTER 368, AB 279

Assembly Bill No. 279–Assemblymen Anderson, Horne, Ohrenschall; Atkinson, Denis, Dondero Loop, Hambrick, Kihuen, Leslie, Manendo, Mortenson, Munford, Oceguera, Parnell, Segerblom, Smith and Spiegel

 

CHAPTER 368

 

AN ACT relating to offenders; requiring the preservation of certain biological evidence under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill provides that upon the conviction of a defendant for a category A or B felony, an agency of criminal justice that possesses any biological evidence secured in connection with the investigation or prosecution of the defendant is required to preserve such evidence until the expiration of any sentence imposed on the defendant.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  Except as otherwise provided in this section, upon the conviction of a defendant for a category A or B felony, an agency of criminal justice that has in its possession or custody any biological evidence secured in connection with the investigation or prosecution of the defendant shall preserve such evidence until the expiration of any sentence imposed on the defendant.

 


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evidence secured in connection with the investigation or prosecution of the defendant shall preserve such evidence until the expiration of any sentence imposed on the defendant.

      2.  Biological evidence subject to the requirements of this section may be consumed for testing upon notice to the defendant.

      3.  An agency of criminal justice may establish procedures for:

      (a) Retaining probative samples of biological evidence subject to the requirements of this section; and

      (b) Disposing of bulk evidence that does not affect the suitability of such probative samples for testing.

      4.  The provisions of this section must not be construed to restrict or limit an agency of criminal justice from establishing procedures for the retention, preservation and disposal of biological evidence secured in connection with other criminal cases.

      5.  As used in this section:

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

      (b) “Biological evidence” means any semen, blood, saliva, hair, skin tissue or other identified biological material removed from physical evidence.

      (c) “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Secs. 3 and 4.  (Deleted by amendment.)

      Sec. 5.  NRS 176.0911 is hereby amended to read as follows:

      176.0911  As used in NRS 176.0911 to 176.0917, inclusive, and section 2 of this act, unless the context otherwise requires, “CODIS” means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.

      Secs. 6-10.  (Deleted by amendment.)

________

 


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CHAPTER 369, AB 554

Assembly Bill No. 554–Committee on Judiciary

 

CHAPTER 369

 

AN ACT relating to statutes; ratifying certain technical corrections made to sections of NRS; correcting the effective date of certain provisions, correcting and clarifying certain provisions and repealing certain provisions of Statutes of Nevada; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill corrects errors in the amendment of NRS 391.019 and 391.031 by sections 1 and 2, respectively, of chapter 151, Statutes of Nevada 2007 (S.B. 264), at pages 501 and 503. Although sections 1 and 2 of S.B. 264 both contain amendatory provisions that are intended to expire by limitation and other amendatory provisions that are not intended to expire, section 5 of S.B. 264 would have inadvertently caused all those amendatory provisions to expire by limitation on June 30, 2011. To resolve this technical error, S.B. 264 has been revised as necessary to cause those amendments to NRS 391.019 and 391.031 that are not intended to expire by limitation to remain effective after that date.

      Section 2 of this bill corrects an error in the amendment of NRS 645B.051 by section 4.8 of chapter 266, Statutes of Nevada 2007 (A.B. 375), at page 954. Section 4.8 of A.B. 375, which contains an internal reference to section 1.8 of A.B. 375, the source of NRS 645B.0138, was inadvertently made to become effective before section 1.8 of A.B. 375 became effective. Section 13 of A.B. 375, which contains the effective dates for the provisions of that bill, has therefore been revised as necessary to correct this technical error by causing sections 1.8 and 4.8 of A.B. 375 to become effective at the same time.

      Section 3 of this bill corrects an error in the amendment of NRS 432B.3905, which was created by section 1 of chapter 274, Statutes of Nevada 2007 (A.B. 147), at page 1003. Although the provisions of section 1 of A.B. 147 were subsequently amended by section 6 of A.B. 147, at page 1007, section 1 of A.B. 147 was inadvertently made to expire by limitation. Section 8 of A.B. 147, which contains the effective dates for the provisions of that bill, has therefore been revised as necessary to correct this technical error.

      Section 4 of this bill corrects an error in chapter 286, Statutes of Nevada 2007 (A.B. 53), at page 1050. Section 1 of A.B. 53 consisted solely of an amendment to that bill which had been withdrawn before its enactment and was not intended to take effect. Section 1 of A.B. 53 has therefore been deleted to correct this technical error.

      Section 5 of this bill corrects an error in chapter 296, Statutes of Nevada 2007 (A.B. 433), at page 1122. Section 3 of A.B. 433 amended NRS 372.750 to account for various changes to the provisions of NRS 360.247, as amended by section 2 of A.B. 433, regarding the disclosure of certain information by the Nevada Tax Commission. However, A.B. 433 inadvertently failed to amend NRS 374.755, which is substantially identical to NRS 372.750, in the same manner as NRS 372.750. A.B. 433 has therefore been revised as necessary to correct this technical error.

      Section 6 of this bill corrects an error in the amendment of NRS 361.106 by section 1 of chapter 354, Statutes of Nevada 2007 (A.B. 110), at page 1722. Section 1 of A.B. 110, which was intended to repeal the provisions pursuant to which NRS 361.106 would have expired by limitation, appropriately repealed a provision pursuant to which an amendment to NRS 361.106 would have expired by limitation, but inadvertently failed to amend accordingly the provision pursuant to which the underlying provisions of NRS 361.106 would have expired by limitation. Section 1 of A.B. 110 has therefore been revised as necessary to correct this technical error by deleting the provision that would have caused the underlying provisions of NRS 361.106 to expire by limitation.

 


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      Section 7 of this bill corrects errors in chapter 413, Statutes of Nevada 2007 (S.B. 412), at page 1821. S.B. 412, which amended chapter 633 of NRS to allow the licensing of physicians’ assistants by the State Board of Osteopathic Medicine, inadvertently failed to amend accordingly former NRS 633.326 (now codified as NRS 633.307) and NRS 633.706 to ensure that such licensing complies with certain federal requirements relating to the enforcement of child support. S.B. 412 has therefore been revised as necessary to correct this technical error.

      Section 8 of this bill corrects an error in the amendment of NRS 392.420 by section 1 of chapter 414, Statutes of Nevada 2007 (A.B. 354), at page 1870. Although the amendments contained in section 1 of A.B. 354 were carried forward into subsequent amendments by A.B. 354, that section was inadvertently made to expire by limitation. Section 5 of A.B. 354, which contains the effective dates for the provisions of that bill, has therefore been revised as necessary to correct this technical error.

      Section 9 of this bill corrects an error in the amendment of the Fort Mohave Valley Development Law (formerly codified as NRS 321.480-321.536) by sections 2-9 of chapter 427, Statutes of Nevada 2007 (S.B. 301), at pages 2002-2005. S.B. 301, which amended the former provisions of NRS 321.480-321.536 to transfer the power and responsibility to administer the Fort Mohave Valley Development Law from the Colorado River Commission of Nevada to the Board of County Commissioners of Clark County, inadvertently converted the Fort Mohave Valley Development Law into a special and local act, which thereby became inappropriate for inclusion in NRS. To correct this technical error and ratify the removal of these inappropriate provisions from NRS, S.B. 301 has been revised as necessary to provide for the enactment of sections 2-9 of S.B. 301 in the form of a special and local act and to repeal the superseded provisions of NRS 321.480-321.536.

      Section 10 of this bill corrects an error in chapter 429, Statutes of Nevada 2007 (S.B. 274), at page 2013. Although sections 3 and 4 of S.B. 274, the source of NRS 533.481 and 533.482, respectively, authorize the State Engineer to take various actions to enforce all the provisions of chapter 533 of NRS, S.B. 274 inadvertently failed to amend NRS 533.430 accordingly to clarify the applicability of sections 3 and 4 of S.B. 274 to the holders of certain permits and certificates issued under that chapter. S.B. 274 has therefore been revised as necessary to correct this technical error.

      Section 11 of this bill corrects errors in sections 11 and 12 of chapter 433, Statutes of Nevada 2007 (A.B. 497), at page 2051, the source of NRS 209.517 and 213.12185, respectively. Although section 11 of A.B. 497 relates solely to offenders under the supervision of the Department of Corrections and section 12 of A.B. 497 relates solely to prisoners under the supervision of the Division of Parole and Probation of the Department of Public Safety, each of these sections inadvertently included general references to “a driver.” Additionally, each of these sections contained a provision that was inconsistent with subsection 1 of NRS 483.460, as amended by section 2 of A.B. 497, at page 2045. Sections 11 and 12 of A.B. 497 have therefore been revised as necessary to correct these technical errors by replacing the general references to “a driver” with the appropriate terminology and by deleting the erroneous provisions.

      Section 12 of this bill corrects an error in section 40.4 of chapter 480, Statutes of Nevada 2007 (S.B. 242), at page 2637, the source of NRS 77.420. Although S.B. 242 was intended to cause the provisions of chapter 77 of NRS (the Model Registered Agents Act) to become effective on July 1, 2008, subsection 3 of section 40.4 of S.B. 242 inadvertently contained an erroneous reference to July 1, 2007. Section 40.4 of S.B. 242 has therefore been revised as necessary to correct this technical error by replacing the incorrect reference with “July 1, 2008.”

 


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      Section 13 of this bill corrects errors in chapter 486, Statutes of Nevada 2007 (A.B. 584), at page 2781. In particular, this section:

      1.  Corrects errors in the creation of NRS 484.379778 by section 22 of A.B. 584, at page 2793, which established a new criminal offense for the operation of a commercial motor vehicle while under the influence of intoxicating liquor or a controlled or prohibited substance. Although section 25 of A.B. 584 amended NRS 484.3792 to impose the same penalties for the commission of that offense as for the commission of a similar offense under NRS 484.379, A.B. 584 inadvertently failed to add to various statutory provisions the internal references to section 22 of A.B. 584 required for consistency with the imposition of those penalties. To correct this technical error, A.B. 584 has been revised as necessary to add the appropriate internal references to NRS 483.410, paragraph (c) of subsection 1 of NRS 483.460, subsection 2 of NRS 483.460, NRS 483.461, 483.910 and 484.348, paragraph (e) of subsection 2 of NRS 484.3792, as created by section 2 of chapter 288, Statutes of Nevada 2007 (S.B. 277), at page 1060, NRS 484.37937, 484.37943, 484.37955, 488.460, 4.355, 62A.220, 62E.620, 62E.640, 178.484, 179.245, 209.392, 209.4465, 453A.300, 629.065, 690B.029 and 706.8841, and section 1 of S.B. 277, at page 1058, which created NRS 484.37941.

      2.  Corrects an error in the repeal of NRS 483.345 by section 48 of A.B. 584, at page 2813. Although the provisions of NRS 483.345 were intended to remain effective until their replacement by certain regulations required by section 4 of A.B. 584, which amended NRS 483.340, sections 48 and 49 of A.B. 584 would have inadvertently caused the repeal of NRS 483.345 before section 4 of A.B. 584 was made to become effective. To correct this technical error, sections 48 and 49 of A.B. 584 have been revised as necessary to cause the repeal of NRS 483.345 to become effective when the provisions of section 4 of A.B. 584 become effective.

      3.  Corrects an error in the amendment of sections 21 and 22 of A.B. 584, at page 2793, both of which have been included in NRS 484.379778. Although the provisions of sections 21 and 22 of A.B. 584 were subsequently amended by sections 46 and 47, respectively, of A.B. 584, at page 2812, sections 21 and 22 of A.B. 584 were inadvertently made to expire by limitation. Section 49 of A.B. 584 has therefore been revised as necessary to correct this technical error.

      Section 14 of this bill corrects an error in chapter 492, Statutes of Nevada 2007 (A.B. 440), at page 2844. Before its amendment by section 1 of A.B. 440, at page 2846, NRS 598D.040 defined “home loan” for the purposes of chapter 598D of NRS as a type of transaction that was subject to certain federal laws. Although section 1 of A.B. 440 expanded this definition to include transactions that are not subject to those federal laws, A.B. 440 inadvertently failed to amend accordingly NRS 598D.130, which required the security instrument for a home loan to include a notice that the home loan was subject to those federal laws. A.B. 440 has therefore been revised as necessary to correct this technical error by requiring such a notice only for home loans that are subject to those federal laws.

      Section 15 of this bill corrects errors in the amendment of NRS 287.023, 287.043 and 287.0434 by sections 2, 6 and 8, respectively, of chapter 496, Statutes of Nevada 2007 (S.B. 544), at pages 2869, 2872 and 2877, respectively. Although the amendments contained in each of these sections were carried forward into subsequent amendments by S.B. 544, each of these sections was inadvertently made to expire by limitation. Section 16 of S.B. 544, which contains the effective dates for the provisions of that bill, has therefore been revised as necessary to correct this technical error.

      Section 16 of this bill corrects an error in chapter 497, Statutes of Nevada 2007 (S.B. 498), at page 2883. Section 1 of S.B. 498, the source of NRS 309.3395, authorizes an alternative procedure for the issuance of general obligations by a local improvement district. S.B. 498 inadvertently failed to amend NRS 309.360 accordingly to clarify the authority of a local improvement district to impose ad valorem taxes for the payment of those obligations. S.B. 498 has therefore been revised as necessary to correct this technical error.

 


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      Section 17 of this bill corrects errors in the amendment of NRS 641A.231 and 641C.330, which were respectively created by sections 8 and 36 of chapter 515, Statutes of Nevada 2007 (A.B. 424), at pages 3052 and 3063. Although the provisions of sections 8 and 36 of A.B. 424 were subsequently amended by sections 99.5 and 99.7, respectively, of A.B. 424, at pages 3094 and 3095, sections 8 and 36 of A.B. 424 were inadvertently made to expire by limitation. Section 101 of A.B. 424, which contains the effective dates for the provisions of that bill, has therefore been revised as necessary to correct this technical error.

      Section 18 of this bill corrects an error in section 21 of chapter 525, Statutes of Nevada 2007 (A.B. 510), at page 3196. Section 21 of A.B. 510, which contains transitory provisions regarding the applicability of various amendatory provisions of A.B. 510 regarding credits on terms of imprisonment, inadvertently failed to include a provision clarifying the prospective applicability of the amendatory provisions of section 6 of A.B. 510, which amended NRS 209.4475. Section 21 of A.B. 510 has therefore been revised as necessary to correct this technical error.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Chapter 151, Statutes of Nevada 2007, at page 503, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:

      Sec. 1.5.  NRS 391.019 is hereby amended to read as follows:

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

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of such licenses.

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

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

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

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being qualified to engage in the practice of interpreting pursuant to subsection 3 of NRS 656A.100.

            (6) Except as otherwise authorized by subsection 4 of NRS 656A.100, requiring teachers and other educational personnel to satisfy the qualifications set forth in subsection 3 of NRS 656A.100 if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

 


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educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to [teach to a person] an applicant who:

                  (I) Holds a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

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

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

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

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

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

      3.  A person who is licensed pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1:

 


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ê2009 Statutes of Nevada, Page 1852 (Chapter 369, AB 554)ê

 

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      2.  Chapter 151, Statutes of Nevada 2007, at page 504, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:

      Sec. 2.5.  NRS 391.031 is hereby amended to read as follows:

      391.031  There are the following kinds of licenses for teachers and other educational personnel in this State:

      1.  A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.

      2.  A license to teach middle school or junior high school education, which authorizes the holder to teach in his major or minor field of preparation or in both fields in grades 7, 8 and 9 at any middle school or junior high school. He may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      3.  A license to teach secondary education, which authorizes the holder to teach in his major or minor field of preparation or in both fields in any secondary school. He may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      4.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

      5.  A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1 of NRS 391.019.

      3.  Section 5 of chapter 151, Statutes of Nevada 2007, at page 504, is hereby amended to read as follows:

      Sec. 5.  1.  This section and sections 1, 2, 3 and 4 of this act [becomes] become effective on July 1, 2007 . [, and expires]

      2.  Sections 1, 2, 3 and 4 of this act expire by limitation on June 30, 2011.

      3.  Sections 1.5 and 2.5 of this act become effective on July 1, 2011.

      Sec. 2.  Section 13 of chapter 266, Statutes of Nevada 2007, at page 965, is hereby amended to read as follows:

      Sec. 13.  1.  This section, section 1 and sections 2 to 4.4, inclusive, and 5 to 12.4, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

 


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passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

      2.  Sections 1.4, 1.6, 1.8 , 4.8 and 12.8 of this act become effective:

      (a) Upon passage and approval for purpose of adopting regulations, administering examinations as set forth in section 1.4 of this act and approving courses of continuing education as set forth in section 1.8 of this act; and

      (b) On July 1, 2008, for all other purposes.

      Sec. 3.  Section 8 of chapter 274, Statutes of Nevada 2007, at page 1008, is hereby amended to read as follows:

      Sec. 8.  1.  This section and sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2008.

      2.  [Section 1 of this act expires by limitation on December 31, 2008.

      3.]  Section 6 of this act becomes effective on January 1, 2009.

      Sec. 4.  Section 1 of chapter 286, Statutes of Nevada 2007, at page 1050, is hereby amended to read as follows:

      Section 1.  (Deleted by amendment.)

      Sec. 5.  Chapter 296, Statutes of Nevada 2007, at page 1127, is hereby amended by adding thereto a new section to be designated as section 3.5, immediately following section 3, to read as follows:

      Sec. 3.5.  NRS 374.755 is hereby amended to read as follows:

      374.755  1.  Except as otherwise provided in this section [,] or NRS 360.247, it is a misdemeanor for any member of the Nevada Tax Commission or officer, agent or employee of the Department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other 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 return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the Department.

      2.  The Nevada Tax Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The Governor may, however, by general or special order, authorize the examination of the records maintained by the Department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the Governor may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Upon written request made by a public officer of a local government, the Executive Director shall furnish from the records of the Department, the name and address of the owner of any seller or retailer who must file a return with the Department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government.

 


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signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

      5.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      6.  Relevant information that the Nevada Tax Commission has determined is not proprietary or confidential information in a hearing conducted pursuant to NRS 360.247 may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      7.  At any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the Commission, any member of the Commission or officer, agent or employee of the Department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

      Sec. 6.  Section 1 of chapter 354, Statutes of Nevada 2007, at page 1722, is hereby amended to read as follows:

      Section 1.  1.  Section 2 of chapter 389, Statutes of Nevada 1997, at page 1367, is hereby amended to read as follows:

      Sec. 2.  This act becomes effective on July 1, 1997 . [, and expires by limitation on July 1, 2007.]

      2.  Section 58 of chapter 10, Statutes of Nevada 2001, at page 68, is hereby repealed.

      Sec. 7.  1.  Chapter 413, Statutes of Nevada 2007, at page 1836, is hereby amended by adding thereto new sections to be designated as sections 42.3 and 42.7, immediately following section 42, to read as follows:

      Sec. 42.3.  NRS 633.326 is hereby amended to read as follows:

      633.326  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license [to practice osteopathic medicine] pursuant to this chapter shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license [to practice osteopathic medicine] pursuant to this chapter shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

 


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

      (b) A separate form prescribed by the Board.

      3.  A license [to practice osteopathic medicine] may not be issued or renewed pursuant to this chapter by the Board if the applicant:

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

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

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

      Sec. 42.7.  NRS 633.326 is hereby amended to read as follows:

      633.326  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license [to practice osteopathic medicine] pursuant to this chapter shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license [to practice osteopathic medicine] may not be issued or renewed pursuant to this chapter by the Board if the applicant:

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

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

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

 


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      2.  Chapter 413, Statutes of Nevada 2007, at page 1842, is hereby amended by adding thereto a new section to be designated as section 55.5, immediately following section 55, to read as follows:

      Sec. 55.5.  NRS 633.706 is hereby amended to read as follows:

      633.706  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license [to practice osteopathic medicine,] issued pursuant to this chapter, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license [to practice osteopathic medicine] issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if:

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

      (b) The person whose license was suspended pays the fee for late payment prescribed in NRS 633.501.

      3.  Section 121 of chapter 413, Statutes of Nevada 2007, at page 1869, is hereby amended to read as follows:

      Sec. 121.  1.  This [act] section becomes effective [:] upon passage and approval.

      2.  Sections 1 to 42.3, inclusive, and 43 to 120, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On January 1, 2008, for all other purposes.

      [2.] 3.  The amendatory provisions of section 7 of this act expire by limitation on January 1, 2012.

      [3.] 4.  Sections 11 and 25 of this act expire by limitation on January 1, 2012.

      5.  Section 42.3 of this act expires 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.

      6.  Section 42.7 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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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.

      7.  Sections 42.7 and 55.5 of this act expire by limitation on the date 2 years after 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.

      Sec. 8.  Section 5 of chapter 414, Statutes of Nevada 2007, at page 1873, is hereby amended to read as follows:

      Sec. 5.  1.  This section and sections 1 and 4 of this act become effective on July 1, 2007.

      2.  [Section 1 of this act expires by limitation on June 30, 2010.

      3.]  Section 2 of this act becomes effective on July 1, 2010.

      Sec. 9.  1.  Sections 2 to 9, inclusive, of chapter 427, Statutes of Nevada 2007, at pages 2002 to 2005, inclusive, are hereby amended to read as follows:

      Sec. 2.  1.  This act may be cited as the Fort Mohave Valley Development Law.

      2.  The Legislature hereby finds and declares that:

      (a) It is in the public interest to transfer to Clark County all of the right, title and interest of the State of Nevada in all land held, controlled or administered by the Colorado River Commission of Nevada on behalf of the State under the Fort Mohave Valley Development Law.

      (b) The Board of County Commissioners of Clark County has a fiduciary duty to:

            (1) Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley; and

            (2) Use the money in the Fort Mohave Valley Development Fund only for the purposes expressly authorized by the Fort Mohave Valley Development Law.

      Sec. 3.  1.  As used in this act, unless the context otherwise requires:

      (a) “Board of County Commissioners” or “Board” means the Board of County Commissioners of Clark County.

 


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      (b) “Clark County” or “County” means Clark County, Nevada, as created by NRS 243.035.

      (c) “Development” and “develop” include the:

            (1) Preparation of a proposal, plans for a subdivision, plans for a zoning district or zoning regulations, or any other acts in conformance with chapters 278 and 278A of NRS and any local master plans, regulations and ordinances governing the improvement or use of land or the location and construction of structures;

            (2) Planning, design, construction or any other act necessary to acquire, extend, alter, reconstruct, repair or make other improvements to a project; and

            (3) Solicitation, consideration and approval of proposals for the use of land,

Ê in the Fort Mohave Valley and in any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      (d) “Fort Mohave Valley Development Fund” or “Fund” means the fund created in the County Treasury pursuant to section 6 of this act.

      2.  As used in this section, “project” means any structure, facility, undertaking or system which a county, city, town, general improvement district or special district is authorized to acquire, improve, equip, maintain or operate, including all kinds of personal and real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      Sec. 4.  1.  The Board of County Commissioners may purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior of the United States, or otherwise.

      2.  The lands referred to in subsection 1 are described as follows:

      (a) Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      (b) Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

      (c) Parcel 3.  All of sections 9, 10, 11, 14, 15 and 16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      (d) Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.

Ê All references to township and range in this subsection refer to Mount Diablo base and meridian.

 


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      Sec. 5.  1.  The Board of County Commissioners shall undertake such engineering, planning and developmental studies and such other action as may be necessary for the development of the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  The Board shall not solicit plans for development or dispose of lands described in sections 4 and 8 of this act unless it has first determined that the proposed development or disposal:

      (a) Is consistent with the master plan adopted pursuant to chapter 278 of NRS which governs the land proposed for development or disposal; or

      (b) Constitutes an acceptable revision to the master plan,

Ê and is consistent with the plans and projects of any general improvement district, special district, town or city whose territory contains the land proposed for development or disposal.

      3.  Any such proposal for the development or disposal of land must comply with applicable local regulations and ordinances governing the development of land, the location and construction of structures or the regulation of projects.

      4.  The Board may adopt procedures for the development or disposal of the lands described in sections 4 and 8 of this act and may develop, dispose of and approve requests for the development or disposal of those lands only if the development or disposal:

      (a) Is consistent with the master plan governing the land proposed for development or disposal; or

      (b) Constitutes an acceptable revision to the master plan.

      5.  The Board may relinquish all rights, powers and privileges to purchase any portion, part or parcel of the lands described in section 4 of this act. Any such relinquishment must be made by written instrument, approved by the District Attorney of the County and forwarded to the Secretary of the Interior of the United States.

      Sec. 6.  1.  For the use of the Board of County Commissioners in carrying out the Fort Mohave Valley Development Law, the County Treasurer shall create in the County Treasury a separate fund designated as the Fort Mohave Valley Development Fund.

      2.  The interest and income earned on the money in the Fort Mohave Valley Development Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  Money in the Fort Mohave Valley Development Fund must be paid out on claims against the Fund as other claims against the County are paid, after the claims have been approved by the Board.

      Sec. 7.  1.  The Board of County Commissioners shall administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  Any money received by the County in connection with the administration of the Fort Mohave Valley Development Law, including, without limitation, any money received from the development or disposition of any land described in section 4 or 8 of this act or any other land which the County acquires using money from the Fort Mohave Valley Development Fund, must be deposited in the County Treasury to the credit of the Fort Mohave Valley Development Fund.

 


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from the Fort Mohave Valley Development Fund, must be deposited in the County Treasury to the credit of the Fort Mohave Valley Development Fund.

      Sec. 8.  The Board of County Commissioners may act as the agent of Clark County in the development and disposal of lands in the Fort Mohave Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office survey of 1932 and the right bank of the channel of the Colorado River.

      Sec. 9.  The Board of County Commissioners may use money in the Fort Mohave Valley Development Fund only to:

      1.  Purchase or otherwise acquire lands described in sections 4 and 8 of this act; and

      2.  Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley, including, without limitation, the planning, design and construction of capital improvements which develop the land in the Fort Mohave Valley or in any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  Chapter 427, Statutes of Nevada 2007, at page 2006, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:

      Sec. 10.5.  NRS 321.480, 321.490, 321.500, 321.510, 321.520, 321.530, 321.534 and 321.536 are hereby repealed.

      Sec. 10.  Chapter 429, Statutes of Nevada 2007, at page 2019, is hereby amended by adding thereto a new section to be designated as section 4.95, immediately following section 4.9, to read as follows:

      Sec. 4.95.  NRS 533.430 is hereby amended to read as follows:

      533.430  1.  Every permit to appropriate water, and every certificate of appropriation granted under any permit by the State Engineer upon any stream or stream system which shall have been adjudicated under the provisions of NRS 533.090 to 533.235, inclusive, shall be, and the same is hereby declared to be, subject to existing rights and to the decree and modifications thereof entered in such adjudication proceedings, and the same shall be subject to regulation and control by the State Engineer and the water commissioners in the same manner and to the same extent as rights which have been adjudicated and decreed under the provisions of this chapter. Every such holder of a certificate or a permit shall in like manner be subject to all of the provisions of NRS 533.270 to 533.305, inclusive, 533.465, 533.475, 533.480, sections 3 and 4 of this act, and NRS 535.050 and 536.010 to 536.030, inclusive.

      2.  Upon any stream or stream system that has not been adjudicated and upon which the State Engineer has heretofore granted and may hereafter grant a permit or permits to appropriate water therefrom, any and all such permitted rights to the use of water so granted shall be subject to regulation and control by the State Engineer to the same extent and in the same manner as adjudicated and permitted rights upon streams and stream systems heretofore adjudicated pursuant to the provisions of this chapter.

 


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granted shall be subject to regulation and control by the State Engineer to the same extent and in the same manner as adjudicated and permitted rights upon streams and stream systems heretofore adjudicated pursuant to the provisions of this chapter.

      Sec. 11.  Sections 11 and 12 of chapter 433, Statutes of Nevada 2007, at page 2051, are hereby amended to read as follows:

      Sec. 11.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Director shall notify the Department of Motor Vehicles when an offender who has had his license, permit or privilege to drive revoked pursuant to NRS 483.460 has completed a period of imprisonment or is placed on residential confinement. The notification process must conform to the guidelines provided in regulation by the Department of Motor Vehicles pursuant to NRS 483.460.

      Sec. 12.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Chief shall notify the Department of Motor Vehicles when a prisoner who has had his license, permit or privilege to drive revoked pursuant to NRS 483.460 is placed on parole. The notification process must conform to the guidelines provided in regulation by the Department of Motor Vehicles pursuant to NRS 483.460.

      Sec. 12.  Section 40.4 of chapter 480, Statutes of Nevada 2007, at page 2637, is hereby amended to read as follows:

      Sec. 40.4.  1.  If the Commissioner of Financial Institutions determines, after investigation, that a represented entity of a registered agent has failed to comply with the provisions of chapter 604A or 675 of NRS, the Commissioner may issue an order to the registered agent to cease and refrain from providing all services for the represented entity other than those services set forth in section 40 of this act.

      2.  A registered agent who receives an order pursuant to subsection 1 shall immediately notify the represented entity. The represented entity shall be deemed to have received the order on the date that it is received by the registered agent.

      3.  Any contract between a registered agent, its subsidiary or affiliate and the represented entity entered into on or after July 1, 2008, shall be deemed to include a provision that provides for the termination of the contract or agreement without liability to the registered agent, its subsidiary or affiliate, upon the issuance of an order issued pursuant to this section, except for any agreement for the provision of the services set forth in section 40 of this act. Any provision of a contract which conflicts with this subsection is void. Failure to include such a provision in a contract is not a defense in an action brought to enforce or terminate the contract.

      4.  An order issued pursuant to subsection 1 is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS. A registered agent shall comply with any such order pending judicial review.

      5.  If the Commissioner of Financial Institutions finds that a registered agent has failed to comply with an order issued pursuant to this section, the Commissioner may impose an administrative fine of not more than $1,000 upon the registered agent.

 


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to this section, the Commissioner may impose an administrative fine of not more than $1,000 upon the registered agent. Any fine collected pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 13.  1.  Chapter 486, Statutes of Nevada 2007, at page 2787, is hereby amended by adding thereto a new section to be designated as section 5.5, immediately following section 5, to read as follows:

      Sec. 5.5.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  Except as otherwise provided in subsection 6 and NRS 483.417, for every driver’s license, including a motorcycle driver’s license, issued and service performed, the following fees must be charged:

 

An original or renewal license issued to a person 65 years of age or older   $13.50

An original or renewal license issued to any person less than 65 years of age   18.50

Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, or pursuant to NRS 484.384 and 484.385 40.00

Reinstatement of a license after revocation for a violation of NRS 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, or pursuant to NRS 484.384 and 484.385.......................................................................... 65.00

A new photograph, change of name, change of other information, except address, or any combination............................................................. 5.00

A duplicate license............................................................ 14.00

 

      2.  For every motorcycle endorsement to a driver’s license, a fee of $5 must be charged.

      3.  If no other change is requested or required, the Department shall not charge a fee to convert the number of a license from the licensee’s social security number, or a number that was formulated by using the licensee’s social security number as a basis for the number, to a unique number that is not based on the licensee’s social security number.

      4.  Except as otherwise provided in NRS 483.417, the increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.

      5.  A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.

      6.  The Department may not charge a fee for the reinstatement of a driver’s license that has been:

      (a) Voluntarily surrendered for medical reasons; or

      (b) Cancelled pursuant to NRS 483.310.

      7.  All fees and penalties are payable to the Administrator at the time a license or a renewal license is issued.

 


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      8.  Except as otherwise provided in NRS 483.340, subsection 3 of NRS 483.3485, NRS 483.415 and 483.840, and subsection 3 of NRS 483.863, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  Section 10 of chapter 486, Statutes of Nevada 2007, at page 2787, is hereby amended to read as follows:

      Sec. 10.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

            (1) A violation of subsection 5 of NRS 484.377.

            (2) A violation of NRS 484.379 or section 22 of this act that is punishable as a felony pursuant to NRS 484.3792.

            (3) A violation of NRS 484.3795 or 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.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

      (b) For a period of 1 year if the offense is:

            (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

            (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

            (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

            (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

            (5) A violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.

            (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 or section 22 of this act who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

 


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act who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      3.  Chapter 486, Statutes of Nevada 2007, at page 2789, is hereby amended by adding thereto new sections to be designated as sections 10.3 and 10.7, immediately following section 10, to read as follows:

      Sec. 10.3.  NRS 483.461 is hereby amended to read as follows:

      483.461  1.  If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.08 in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

      2.  If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62E.640, 484.379, 484.3795 or 484.37955 or section 22 of this act follows a suspension ordered pursuant to subsection 1, the Department shall:

      (a) Cancel the suspension ordered pursuant to subsection 1; and

      (b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62E.640, 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

 


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      3.  This section does not preclude:

      (a) The prosecution of a person for a violation of any other provision of law; or

      (b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

      Sec. 10.7.  NRS 483.461 is hereby amended to read as follows:

      483.461  1.  If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

      2.  If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62E.640, 484.379, 484.3795 or 484.37955 or section 22 of this act follows a suspension ordered pursuant to subsection 1, the Department shall:

      (a) Cancel the suspension ordered pursuant to subsection 1; and

      (b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62E.640, 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

      3.  This section does not preclude:

      (a) The prosecution of a person for a violation of any other provision of law; or

      (b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

      4.  Chapter 486, Statutes of Nevada 2007, at page 2792, is hereby amended by adding thereto a new section to be designated as section 16.5, immediately following section 16, to read as follows:

      Sec. 16.5.  NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The Department shall charge and collect the following fees:

 

For an original commercial driver’s license which requires the Department to administer a driving skills test...................................... $84

For an original commercial driver’s license which does not require the Department to administer a driving skills test.................................... 54

For renewal of a commercial driver’s license which requires the Department to administer a driving skills test........................................ 84

For renewal of a commercial driver’s license which does not require the Department to administer a driving skills test.................................... 54

For reinstatement of a commercial driver’s license after suspension or revocation of the license for a violation of NRS 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii).................................................... 84

 


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For reinstatement of a commercial driver’s license after suspension, revocation, cancellation or disqualification of the license, except a suspension or revocation for a violation of NRS 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)..................................................... $54

For the transfer of a commercial driver’s license from another jurisdiction, which requires the Department to administer a driving skills test 84

For the transfer of a commercial driver’s license from another jurisdiction, which does not require the Department to administer a driving skills test    54

For a duplicate commercial driver’s license....................... 19

For any change of information on a commercial driver’s license  9

For each endorsement added after the issuance of an original commercial driver’s license................................................................................. 14

For the administration of a driving skills test to change any information on, or add an endorsement to, an existing commercial driver’s license.. 30

 

      2.  The Department shall charge and collect an annual fee of $555 from each person who is authorized by the Department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      6.  The Department shall charge an applicant for a hazardous materials endorsement an additional fee for the processing of fingerprints. The Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      5.  Chapter 486, Statutes of Nevada 2007, at page 2794, is hereby amended by adding thereto a new section to be designated as section 22.5, immediately following section 22, to read as follows:

      Sec. 22.5.  NRS 484.348 is hereby amended to read as follows:

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

 


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

      3.  Unless the provisions of NRS 484.377 apply if, while violating the provisions of subsection 1, the driver of the motor vehicle:

      (a) Is the proximate cause of damage to the property of a person other than himself; or

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

Ê the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      4.  If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate cause of the death of or bodily harm to any person other than himself, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      5.  If the driver of the motor vehicle is convicted of a violation of NRS 484.379 or section 22 of this act arising out of the same act or transaction as a violation of subsection 1, the driver is guilty of a category D felony and shall be punished as provided in NRS 193.130 for the violation of subsection 1.

      6.  Section 25 of chapter 486, Statutes of Nevada 2007, at page 2795, is hereby amended to read as follows:

      Sec. 25.  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 [:] or section 22 of this act:

      (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 [;] or section 22 of this act;

            (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.

 


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

            (1) Sentence him to:

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

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

            (2) Fine him not less than $750 nor more than $1,000, 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 [;] or section 22 of this act; 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) Except as otherwise provided in section 1 of [this act,] chapter 288, Statutes of Nevada 2007, 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 who is imprisoned pursuant to the provisions of this paragraph 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 or section 22 of this act 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;

      (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); or

      (e) A violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (b) of subsection 1 of this section that was reduced from a felony pursuant to section 1 of [this act,] chapter 288, Statutes of Nevada 2007,

Ê and who violates the provisions of NRS 484.379 or section 22 of this act 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.

 


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ê2009 Statutes of Nevada, Page 1869 (Chapter 369, AB 554)ê

 

      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 (e), 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 or section 22 of this act 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, and section 1 of [this act,] chapter 288, Statutes of Nevada 2007, 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 or section 22 of this act 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 or section 22 of this act possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

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

 


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ê2009 Statutes of Nevada, Page 1870 (Chapter 369, AB 554)ê

 

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

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 [;] or section 22 of this act;

            (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

            (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.

      7.  Chapter 486, Statutes of Nevada 2007, at page 2798, is hereby amended by adding thereto a new section to be designated as section 25.5, immediately following section 25, to read as follows:

      Sec. 25.5.  NRS 484.37937 is hereby amended to read as follows:

      484.37937  1.  An offender who is found guilty of a violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 6 months. The court shall authorize that treatment if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

            (1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or

            (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

 


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ê2009 Statutes of Nevada, Page 1871 (Chapter 369, AB 554)ê

 

      (b) The offender agrees to pay the cost of the treatment to the extent of his financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

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

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

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

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

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

      (c) Advise the offender that:

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

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

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1872 (Chapter 369, AB 554)ê

 

      8.  Chapter 486, Statutes of Nevada 2007, at page 2799, is hereby amended by adding thereto a new section to be designated as section 26.5, immediately following section 26, to read as follows:

      Sec. 26.5.  NRS 484.37943 is hereby amended to read as follows:

      484.37943  1.  If an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, or if an offender is found guilty of a violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.

      2.  If an offender is convicted of a violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the offender is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.

      3.  Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

      (a) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that evaluation; or

      (b) A physician who is certified to make that evaluation by the Board of Medical Examiners,

Ê who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      4.  The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      6.  The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted.

 


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the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      7.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.

      9.  Chapter 486, Statutes of Nevada 2007, at page 2800, is hereby amended by adding thereto new sections to be designated as sections 27.3 and 27.7, immediately following section 27, to read as follows:

      Sec. 27.3.  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;

            (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.

 


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      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 [;] or section 22 of this act;

      (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. 27.7.  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 0.10 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:

 


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      (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 [;] or section 22 of this act;

      (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).

      10.  Chapter 486, Statutes of Nevada 2007, at page 2810, is hereby amended by adding thereto new sections to be designated as sections 42.1 to 42.7, inclusive, immediately following section 42, to read as follows:

      Sec. 42.1.  NRS 488.460 is hereby amended to read as follows:

      488.460  1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was:

 


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      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol of the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A peace officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

            (1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425; or

            (2) Has been convicted within the previous 7 years of:

                  (I) A violation of NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or section 22 of this act or a law of another jurisdiction that prohibits the same or similar conduct; or

                  (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

 


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      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425,

Ê the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood.

      Sec. 42.2.  NRS 4.355 is hereby amended to read as follows:

      4.355  1.  A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:

      (a) In any action filed pursuant to NRS 73.010;

      (b) In any action filed pursuant to NRS 33.200 to 33.360, inclusive;

      (c) In any action for a misdemeanor constituting a violation of chapter 484 of NRS, except NRS 484.379 [;] or section 22 of this act; or

      (d) In any action for a misdemeanor constituting a violation of a county traffic ordinance.

      2.  The referee must meet the qualifications of a justice of the peace as set forth in subsections 1 and 2 of NRS 4.010.

      3.  The referee:

      (a) Shall take testimony;

      (b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;

      (c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and

      (d) Has any other power or duty contained in the order of reference issued by the justice of the peace.

      4.  The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.

      5.  A referee must be paid one-half of the hourly compensation of a justice of the peace.

      Sec. 42.3.  NRS 62A.220 is hereby amended to read as follows:

      62A.220  “Minor traffic offense” means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State other than:

      1.  A violation of chapter 484 or 706 of NRS that causes the death of a person;

      2.  A violation of NRS 484.379 [;] or section 22 of this act; or

      3.  A violation declared to be a felony.

 


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      Sec. 42.4.  NRS 62E.620 is hereby amended to read as follows:

      62E.620  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484.379, 484.3795 or 484.37955 [;] or section 22 of this act;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:

      (a) A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified, or an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:

      (a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;

      (b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and

      (c) Is in good standing with the regulatory agency in the other state.

      4.  The evaluation of the child may be conducted at an evaluation center.

      5.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      6.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

            (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

            (2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.

 


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      7.  After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or section 22 of this act or a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      9.  Except as otherwise provided in section 6 of [this act,] chapter 435, Statutes of Nevada 2007, all information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      10.  A record of any finding that a child has violated the provisions of NRS 484.379, 484.3795 or 484.37955 or section 22 of this act must be included in the driver’s record of that child for 7 years after the date of the offense.

      Sec. 42.5.  NRS 62E.640 is hereby amended to read as follows:

      62E.640  1.  If a child is adjudicated delinquent for an unlawful act in violation of NRS 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, the juvenile court shall, if the child possesses a driver’s license:

      (a) Issue an order revoking the driver’s license of the child for 90 days and requiring the child to surrender his driver’s license to the juvenile court; and

      (b) Not later than 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the child.

      2.  The Department of Motor Vehicles shall order the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the driver’s license of the child.

 


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      3.  If the child is adjudicated delinquent for a subsequent unlawful act in violation of NRS 484.379, 484.3795 or 484.37955 [,] or section 22 of this act, the juvenile court shall order an additional period of revocation to apply consecutively with the previous order.

      4.  The juvenile court may authorize the Department of Motor Vehicles to issue a restricted driver’s license pursuant to NRS 483.490 to a child whose driver’s license is revoked pursuant to this section.

      Sec. 42.6.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

      (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 488.410, 488.420 or 488.425 or section 22 of this act who is under the influence of intoxicating liquor must not be admitted to bail or released on his own recognizance unless he has a concentration of alcohol of less than 0.04 in his breath. A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his breath as a condition of admission to bail or release is not admissible as evidence against the person.

      6.  A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 488.410, 488.420 or 488.425 or section 22 of this act who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or 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 vessel under power or sail must not be admitted to bail or released on his own recognizance sooner than 12 hours after his arrest.

 


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      7.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

      (b) Five thousand dollars, if the person has:

            (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

            (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

      (c) Fifteen thousand dollars, if the person has:

            (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

            (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 must not be admitted to bail sooner than 12 hours after his arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection of the type for which he has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

            (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

 


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            (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

      9.  If a person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 8, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591;

      (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591; or

      (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

 


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      10.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      11.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

Ê In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

      12.  If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.

      13.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

      14.  Before a person may be admitted to bail, he must sign a document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If he fails to appear when so ordered and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.

Ê The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      15.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

      16.  For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

 


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      Sec. 42.7.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484.379 or section 22 of this act other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

            (1) The Central Repository for Nevada Records of Criminal History; and

            (2) The local law enforcement agency of the city or county in which the conviction was entered;

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Identification and Information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

 


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court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Identification and Information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.

      (b) “Sexual offense” means:

            (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

            (2) Sexual assault pursuant to NRS 200.366.

            (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

            (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

            (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

            (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

            (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

            (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

            (9) Incest pursuant to NRS 201.180.

            (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

            (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

            (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

            (13) Lewdness with a child pursuant to NRS 201.230.

            (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

 


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            (15) Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony.

            (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

      11.  Chapter 486, Statutes of Nevada 2007, at page 2811, is hereby amended by adding thereto a new section to be designated as section 43.5, immediately following section 43, to read as follows:

      Sec. 43.5.  NRS 209.392 is hereby amended to read as follows:

      209.392  1.  Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

      (a) Demonstrated a willingness and ability to establish a position of employment in the community;

      (b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

      (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,

Ê assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offender’s request and advise the victim that he may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.130, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

      3.  The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:

      (a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (b) Has not performed the duties assigned to him in a faithful and orderly manner;

      (c) Has been convicted of:

            (1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;

            (2) A sexual offense that is punishable as a felony; or

            (3) A category A or B felony;

 


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      (d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484.379, 484.3795 or 484.37955 [;] or section 22 of this act; or

      (e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

      4.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      6.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      12.  Chapter 486, Statutes of Nevada 2007, at page 2811, is hereby amended by adding thereto new sections to be designated as sections 44.3 and 44.7, immediately following section 44, to read as follows:

      Sec. 44.3.  NRS 209.4465 is hereby amended to read as follows:

      209.4465  1.  An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

      (a) For the period he is actually incarcerated pursuant to his sentence;

      (b) For the period he is in residential confinement; and

 


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      (c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

Ê a deduction of 20 days from his sentence for each month he serves.

      2.  In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate, 60 days.

      (b) For earning a high school diploma, 90 days.

      (c) For earning his first associate degree, 120 days.

      3.  The Director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

      4.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

      5.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      6.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      7.  Except as otherwise provided in subsection 8, credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      8.  Credits earned pursuant to this section by an offender who has not been convicted of:

      (a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;

      (b) A sexual offense that is punishable as a felony;

      (c) A violation of NRS 484.379, 484.3795 or 484.37955 or section 22 of this act that is punishable as a felony; or

      (d) A category A or B felony,

Ê apply to eligibility for parole and must be deducted from the minimum term imposed by the sentence until the offender becomes eligible for parole and must be deducted from the maximum term imposed by the sentence.

      Sec. 44.7.  NRS 453A.300 is hereby amended to read as follows:

      453A.300  1.  A person who holds a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:

 


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from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130 [.] or section 22 of this act.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

            (1) Any public place or in any place open to the public or exposed to public view; or

            (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he knows does not lawfully hold a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250.

      2.  Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Department determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Department or Division to carry out the provisions of this chapter, the Department may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      13.  Chapter 486, Statutes of Nevada 2007, at page 2812, is hereby amended by adding thereto new sections to be designated as sections 45.3, 45.5 and 45.7, immediately following section 45, to read as follows:

      Sec. 45.3.  NRS 629.065 is hereby amended to read as follows:

      629.065  1.  Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:

      (a) The patient is suspected of having violated NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 [;] or section 22 of this act; and

      (b) The records would aid in the related investigation.

Ê To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.

 


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      2.  The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each law enforcement agent or district attorney described in subsection 1 who requests the copy and pays the costs of reproducing the copy.

      3.  Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.

      4.  A provider of health care and his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

      5.  As used in this section, “prohibited substance” has the meaning ascribed to it in NRS 484.1245.

      Sec. 45.5.  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

                  (II) Any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or section 22 of this act 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.

 


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      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. 45.7.  NRS 706.8841 is hereby amended to read as follows:

      706.8841  1.  The Administrator shall issue a driver’s permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a driver’s permit, the Administrator shall:

      (a) Require the applicant to submit a complete set of his fingerprints which the Administrator may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and

      (b) Require proof that the applicant:

            (1) Has been a resident of the State for 30 days before his application for a permit;

            (2) Can read and orally communicate in the English language; and

            (3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this State.

      2.  The Administrator may refuse to issue a driver’s permit if the applicant has been convicted of:

      (a) A felony relating to the practice of taxicab drivers in this State or any other jurisdiction at any time before the date of the application;

      (b) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application;

      (c) A violation of NRS 484.379 or 484.3795 or section 22 of this act or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application; or

      (d) A violation of NRS 484.37955 or a law of any other jurisdiction that prohibits the same or similar conduct.

      3.  The Administrator may refuse to issue a driver’s permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A taxicab driver shall pay to the Administrator, in advance, $40 for an original driver’s permit and $10 for a renewal.

      14.  Chapter 486, Statutes of Nevada 2007, at page 2813, is hereby amended by adding thereto a new section to be designated as section 47.5, immediately following section 47, to read as follows:

      Sec. 47.5.  Section 1 of chapter 288, Statutes of Nevada 2007, at page 1058, is hereby amended to read as follows:

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

      1.  An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484.379 or section 22 of chapter 486, Statutes of Nevada 2007, that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484.3792 may, at the time he enters his plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 3 years if:

 


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plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 3 years if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

            (1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or

            (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; and

      (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources.

Ê An alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor or a physician who diagnoses an offender as an alcoholic or abuser of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.

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

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

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

      (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place him on probation for not more than 5 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (b) Advise the offender that:

            (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for not more than 5 years and during treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community.

            (2) If he is not accepted for treatment by such a treatment facility, or if he fails to complete the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484.3792. Any sentence of imprisonment may be reduced by a time equal to that which he served before beginning treatment.

            (3) If he completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484.3792.

 


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

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

      (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484.3792 for a violation of a condition ordered by the court.

      6.  To participate in a program of treatment, the offender must:

      (a) Serve not less than 6 months of residential confinement;

      (b) Install, at his own expense, a device for not less than 12 months;

      (c) Not drive any vehicle unless it is equipped with a device;

      (d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and

      (e) Agree to any other conditions that the court deems necessary.

      7.  An offender may not apply to the court to undergo a program of treatment for alcoholism or drug abuse pursuant to this section if he has previously applied to receive treatment pursuant to this section or if he has previously been convicted of:

      (a) A violation of NRS 484.3795;

      (b) A violation of NRS 484.37955;

      (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;

      (d) A violation of paragraph (c) of subsection 1 of NRS 484.3792;

      (e) A violation of subsection 2 of NRS 484.3792; or

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

      8.  As used is this section:

      (a) “Device” has the meaning ascribed to it in NRS 484.3941.

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

      15.  Section 48 of chapter 486, Statutes of Nevada 2007, at page 2813, is hereby amended to read as follows:

      Sec. 48.  1.  NRS 483.247, [483.345,] 483.670 and 483.922 are hereby repealed.

      2.  NRS 483.345 is hereby repealed.

      16.  Section 49 of chapter 486, Statutes of Nevada 2007, at page 2814, is hereby amended to read as follows:

      Sec. 49.  1.  This section and section 48.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 7, inclusive, 9 , 10, 10.3, 11 to 27.3, inclusive, 28 to 41, inclusive, [43, 44, 45] 42.1 to 45.7, inclusive, 47.5 and 48 of this act become effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act.

 


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this act become effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act. For all other purposes:

      (a) Sections 3, 5.5, 6, 7, 9 [to 12, inclusive, 17] , 10, 10.3, 11, 12, 16.5 to 27.3, inclusive, 28 to 39, inclusive, [and 43, 44, 45] 42.1 to 45.7, inclusive, 47.5 and subsection 1 of section 48 of this act become effective on October 1, 2007; and

      (b) Sections 1, 2, 4, 5, 13 to 16, inclusive, 40 , [and] 41 and subsection 2 of section 48 of this act become effective upon the later of:

            (1) May 11, 2008;

            (2) The effective date of the regulations issued by the Secretary of Homeland Security to implement the provisions of the Real ID Act of 2005; or

            (3) The expiration of any extension of time granted to this State by the Secretary of Homeland Security to comply with the provisions of the Real ID Act of 2005.

      3.  Sections 7 and 41 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

      4.  Sections 8 and 42 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

      5.  Sections [21 and 22] 10.3 and 27.3 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.

      6.  Sections 10.7, 27.7, 46 and 47 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.

 


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      Sec. 14.  Chapter 492, Statutes of Nevada 2007, at page 2846, is hereby amended by adding thereto a new section to be designated as section 2.1, immediately following section 2, to read as follows:

      Sec. 2.1.  NRS 598D.130 is hereby amended to read as follows:

      598D.130  If:

      1.  A mortgage, deed of trust or other instrument [that] encumbers home property as security for repayment of a home loan ; and

      2.  The home loan is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32,

Ê the mortgage, deed of trust or other instrument must expressly indicate in writing in a size equal to at least 14-point bold type on the front page of the mortgage, deed of trust or other instrument that the home loan is a home loan as defined in NRS 598D.040 and is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

      Sec. 15.  Section 16 of chapter 496, Statutes of Nevada 2007, at page 2883, is hereby amended to read as follows:

      Sec. 16.  1.  This section and sections 1, 3, 4, 5, 7, 8, 9 and 10 to 14, inclusive, of this act become effective on July 1, 2007.

      2.  Section 2 of this bill becomes effective on July 1, 2007, and applies retroactively to October 1, 2003.

      3.  [Section 8 of this act expires by limitation on June 30, 2008.

      4.]  Sections 6 and 8.5 of this act become effective on July 1, 2008.

      [5.  Sections 2 and 6 of this act expire by limitation on November 29, 2008.

      6.] 4.  Sections 2.5, 6.5, 9.3, 9.7 and 15 of this act become effective on November 30, 2008.

      Sec. 16.  Chapter 497, Statutes of Nevada 2007, at page 2886, is hereby amended by adding thereto a new section to be designated as section 7.5, immediately following section 7, to read as follows:

      Sec. 7.5.  NRS 309.360 is hereby amended to read as follows:

      309.360  1.  The cost and expense of purchasing and acquiring property, and of constructing works to carry out the formulated plan or plans, or for the improvement or supplementing of existing works, except as otherwise provided herein, shall be paid out of the construction fund or general obligation bond proceeds.

      2.  For the purpose of defraying the organization and current expense of the district and of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may fix rates, tolls and charges, including without limiting the foregoing, connection fees, use charges and annexation charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation, or may levy assessments or general ad valorem taxes therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid.

 


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ê2009 Statutes of Nevada, Page 1896 (Chapter 369, AB 554)ê

 

designation, or may levy assessments or general ad valorem taxes therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid.

      3.  In addition to the other means for providing revenue for such districts, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable real and personal property within the district, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this chapter.

      4.  To levy and collect general taxes, the board shall determine, in each year, the amount of money necessary to be raised by general taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of the general obligation bonds issued pursuant to NRS 309.332 to 309.339, inclusive [.] , or section 1 of this act. In the event of accruing defaults or deficiencies, an additional levy may be made as hereinafter provided.

      5.  The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto general tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying general taxes for county purposes such board of county commissioners shall levy such general tax upon the assessed valuation of all taxable property within the district, in addition to such other general taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

      6.  The board, in certifying annual levies, shall take into account such maturing general obligation bonds for the ensuing year and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

      7.  In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on such general obligation bonds, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of general taxes as may be necessary for such purposes, and, notwithstanding any limitations, such general taxes shall be made and continue to be levied until such general obligation bonds of the district shall be fully paid.

      8.  The body having authority to levy general taxes within each county shall levy the general taxes provided in this chapter.

      9.  All officials charged with the duty of collecting general taxes shall collect such general taxes at the time and in the same form and manner, and with like interest and penalties, as other general taxes are collected and when collected shall pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.

 


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ê2009 Statutes of Nevada, Page 1897 (Chapter 369, AB 554)ê

 

      10.  All general taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall constitute, until paid, a perpetual lien on and against the property taxed; and such lien shall be on a parity with the tax lien of other general taxes.

      11.  If the general taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the district according to the provisions of the laws applicable to general tax sales and redemptions.

      12.  Whenever any general obligation indebtedness has been incurred by a district, it shall be lawful for the board to levy general taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the general obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.

      Sec. 17.  Section 101 of chapter 515, Statutes of Nevada 2007, at page 3096, is hereby amended to read as follows:

      Sec. 101.  1.  This section and sections 1 to 15, inclusive, 16, 17 to 20, inclusive, 22 to 99, inclusive, and 100 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations to carry out the amendatory provisions of this act; and

      (b) On July 1, 2007, for all other purposes.

      2.  Sections 15.5 and 16.5 of this act become effective on July 1, 2008.

      3.  Section 61.5 of this act expires by limitation on June 30, 2009.

      4.  [Section 8 of this act expires by limitation on December 31, 2009.

      5.]  Section 99.5 of this act becomes effective on January 1, 2010.

      [6.  Section 36 of this act expires by limitation on June 30, 2013.

      7.] 5.  Section 99.7 of this act becomes effective on July 1, 2013.

      [8.] 6.  Section 20 of this act expires 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.

      [9.] 7.  Section 21 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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ê2009 Statutes of Nevada, Page 1898 (Chapter 369, AB 554)ê

 

      (a) Have failed to comply with a subpoena or warrant relating to a procedure 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.

      [10.] 8.  Sections 21 and 27 of this act expire by limitation on the date 2 years after 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.

      Sec. 18.  Section 21 of chapter 525, Statutes of Nevada 2007, at page 3196, is hereby amended to read as follows:

      Sec. 21.  1.  For the purpose of calculating the credits earned by an offender pursuant to NRS 209.4465, the amendatory provisions of section 5 of this act must be applied:

      (a) Retroactively to July 1, 2000, to reduce the minimum term of imprisonment of an offender described in subsection 8 of NRS 209.4465 who was placed in the custody of the Department of Corrections before July 1, 2007, and who remains in such custody on July 1, 2007.

      (b) Retroactively to July 1, 2006, to reduce the maximum term of imprisonment of an offender who was placed on parole before July 1, 2007.

      (c) In the manner set forth in NRS 209.4465 for all offenders in the custody of the Department of Corrections commencing on July 1, 2007, and for all offenders who are on parole commencing on July 1, 2007.

      2.  For the purpose of calculating credits earned by an offender pursuant to NRS 209.4475, 209.448 and 209.449, the amendatory provisions of sections 6, 6.2 and 6.4 of this act apply only to credits earned by an offender on or after July 1, 2007.

      3.  For the purpose of calculating credits earned by an offender pursuant to NRS 176A.500, the amendatory provisions of section 8.7 of this act must be applied retroactively to reduce the period of probation of such an offender commencing on July 1, 2006.

      Sec. 19.  This act becomes effective upon passage and approval.

________

 


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ê2009 Statutes of Nevada, Page 1899ê

 

CHAPTER 370, SB 89

Senate Bill No. 89–Committee on Commerce and Labor

 

CHAPTER 370

 

AN ACT relating to manufactured housing; providing for the licensure of distributors of manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing for resale; providing for the regulation of dealers, manufacturers, salesmen, general servicemen and specialty servicemen with respect to manufactured buildings and factory-built housing; authorizing the auditing of the financial accounts of dealers and distributors; requiring the adoption of regulations concerning continuing education requirements for dealers and distributors; revising the procedure for determining the fair market value of manufactured homes under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Sections 2, 29-32 and 37-40 of this bill provide for the licensure of distributors of manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing by the Manufactured Housing Division of the Department of Business and Industry.

      Section 12 of this bill authorizes the Division to audit the financial accounts of a dealer or distributor of manufactured housing to investigate insolvency or to administer or enforce any law.

      Sections 16-23, 35, 36 and 55-57 of this bill provide for the regulation of dealers, manufacturers, salesmen, general servicemen and specialty servicemen with respect to manufactured buildings and factory-built housing.

      Section 28 of this bill requires the Division to adopt regulations concerning continuing education requirements for dealers and distributors.

      Sections 41-43 of this bill expand the grounds for disciplinary actions against persons licensed by the Division.

      Section 46 of this bill requires the Division to adopt regulations establishing a fee for the issuance of a license as a distributor. Section 47 of this bill requires a distributor to pay an additional fee upon the issuance or renewal of his license. This additional fee is currently imposed on dealers and manufacturers and is required to be deposited in the Account for Education and Recovery Relating to Manufactured Housing in the Fund for Manufactured Housing and to be used to satisfy the claims of purchasers of manufactured housing against licensees for fraud, misrepresentation or deceit.

      Sections 59-62 of this bill revise provisions governing the financial and fiduciary duties of dealers.

      Sections 63, 75 and 82 of this bill provide limitations on actions against the Division and its officers and employees.

      Section 70 of this bill provides that a dealer is guilty of a gross misdemeanor if: (1) he fails to cooperate or comply with or knowingly impedes or interferes with an investigation or audit conducted by the Division; or (2) he acts as a dealer while insolvent or engages in any financial practice which creates a substantial risk of insolvency.

      Sections 72-74.5 and 78-81 of this bill revise the procedure for determining the fair market value of manufactured homes under certain circumstances.

 


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ê2009 Statutes of Nevada, Page 1900 (Chapter 370, SB 89)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  “Distributor” means any person who engages in the sale and distribution of manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing for resale.

      Secs. 3-5.  (Deleted by amendment.)

      Sec. 6.  “Factory-built housing” has the meaning ascribed to it in NRS 461.080.

      Sec. 7.  “Franchise” means a written agreement between a franchisor and franchisee which establishes that the franchisee will sell or distribute new or used manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or related goods or services under, or operate using, the systems, trademark, service mark, trade name, logo or other commercial symbol of the franchisor.

      Sec. 8.  “Franchisee” means any natural person or entity that, pursuant to a franchise, sells or distributes new or used manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or related goods or services under, or operates using, the systems, trademark, service mark, trade name, logo or other commercial symbol of the franchisor.

      Sec. 9.  “Franchisor” means any natural person or entity that owns the overall rights to the systems, trademark, service mark, trade name, logo or other commercial symbol of the franchisor and grants a franchise for their use by a franchisee.

      Sec. 10.  “Manufactured building” has the meaning ascribed to it in NRS 461.132.

      Sec. 10.5.  “Modular component” has the meaning ascribed to it in NRS 461.145.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  1.  The Division may investigate and audit any financial account, including, without limitation, any trust account, related to the business of a dealer or distributor if:

      (a) The Division has reasonable cause to believe that the dealer or distributor is using or has used the account to carry on the business of the dealer or distributor; and

      (b) The Division:

            (1) Has reasonable cause to believe or has received a credible complaint that the dealer or distributor is insolvent or is in a financial condition, or has engaged in a financial practice, which creates a substantial risk of insolvency; or

            (2) Determines that the investigation and audit are reasonably necessary to assist the Division in administering or enforcing any provision of law.

      2.  The Administrator shall adopt regulations prescribing the scope of an audit conducted pursuant to this section.

      3.  As used in this section, “insolvency” or “insolvent” means a condition under which a dealer or distributor is unable to meet the liabilities of his business as they become due in the regular course of business and which creates a substantial risk of harm to the public or a consumer.

 


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ê2009 Statutes of Nevada, Page 1901 (Chapter 370, SB 89)ê

 

liabilities of his business as they become due in the regular course of business and which creates a substantial risk of harm to the public or a consumer.

      Sec. 13.  As used in this section and NRS 489.4971 to 489.4989, inclusive, “Account” means the Account for Education and Recovery Relating to Manufactured Housing created by NRS 489.4971.

      Sec. 14.  NRS 489.021 is hereby amended to read as follows:

      489.021  1.  The Legislature finds that the construction, assembly and use of manufactured homes, mobile homes, travel trailers [and] , manufactured buildings, commercial coaches and factory-built housing and their systems, components and appliances, and the alteration, transportation and installation of manufactured homes, mobile homes [and] , manufactured buildings, commercial coaches [,] and factory-built housing, like other products having concealed vital parts, may present hazards to the health, life and safety of persons and the safety of property unless they are properly manufactured, altered, transported and installed.

      2.  In the sale of manufactured homes, mobile homes, travel trailers [and] , manufactured buildings, commercial coaches [,] and factory-built housing, there is also the possibility of unascertained defects in them even though they are inspected by purchasers.

      3.  It is the policy and purpose of this State to protect the public against these hazards and to prohibit the manufacture, sale, distribution, alteration, transportation and installation in this State of manufactured homes, mobile homes, travel trailers [and] , manufactured buildings, commercial coaches and factory-built housing which are not constructed in a manner which provides reasonable safety and protection to owners and users.

      4.  The Legislature further intends to provide a procedure to [assure] ensure that this State assumes the fullest responsibility for the administration and enforcement of federal safety and construction standards for manufactured homes in Nevada in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 , [(] 42 U.S.C. §§ 5401 et seq. [).]

      Sec. 15.  NRS 489.031 is hereby amended to read as follows:

      489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and sections 2 to 10.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16.  NRS 489.043 is hereby amended to read as follows:

      489.043  “Brokerage agreement” means a contract between a dealer and a client in which the dealer agrees to accept compensation to:

      1.  Assist, solicit or negotiate the sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach [;] or factory-built housing; or

      2.  Induce any person to buy or exchange an interest in a manufactured home, mobile home , manufactured building or commercial coach [.] or factory-built housing.

      Sec. 17.  NRS 489.076 is hereby amended to read as follows:

      489.076  1.  “Dealer” means any person who:

      (a) For compensation, money or any other thing of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing subject to the requirements of this chapter, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home , manufactured building or commercial coach [;] or factory-built housing;

 


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ê2009 Statutes of Nevada, Page 1902 (Chapter 370, SB 89)ê

 

subject to the requirements of this chapter, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home , manufactured building or commercial coach [;] or factory-built housing;

      (b) For compensation, money or any other thing of value, leases or rents, offers for lease or rental, negotiates or attempts to negotiate the lease or rental of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing subject to the requirements of this chapter, or induces or attempts to induce any person to lease or rent an interest in a manufactured home, mobile home , manufactured building or commercial coach [;] or factory-built housing;

      (c) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any manufactured home, mobile home [or] , manufactured building, commercial coach [;] or factory-built housing;

      (d) Is engaged wholly or in part in the business of:

            (1) Selling, renting or leasing manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches [;] or factory-built housing;

            (2) Buying or taking manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches or factory-built housing in trade for the purpose of resale, selling [,] or offering them for sale or consignment to be sold;

            (3) Buying or taking manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches or factory-built housing in trade to rent, lease or offer them for rent or lease; or

            (4) Otherwise dealing in manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches [;] or factory-built housing; or

      (e) Acts as a repossessor or liquidator concerning manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches [,] or factory-built housing,

Ê whether or not they are owned by such persons.

      2.  The term does not include:

      (a) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the order of any court;

      (b) Public officers while performing their official duties;

      (c) Banks, savings and loan associations, credit unions, thrift companies or other financial institutions proceeding as repossessors or liquidators of their own security;

      (d) A person who rents or leases his manufactured home, mobile home [or] , manufactured building, commercial coach [;] or factory-built housing;

      (e) An owner selling his private residence; or

      (f) A real estate broker, real estate broker-salesman or real estate salesman who is licensed pursuant to chapter 645 of NRS and who, for another and for compensation or with the intention or expectation of receiving compensation, sells, exchanges, options, purchases, rents or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of, or lists or solicits prospective purchasers, lessees or renters of, used manufactured homes or used mobile homes in connection with the sale of a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold.

 


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ê2009 Statutes of Nevada, Page 1903 (Chapter 370, SB 89)ê

 

with the sale of a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold.

      Sec. 18.  NRS 489.102 is hereby amended to read as follows:

      489.102  1.  “General serviceman” means a person who owns or is the responsible managing employee of a business which:

      (a) Installs or repairs the awnings, roofing, skirting, plumbing, heating or electrical systems of a manufactured home, mobile home , manufactured building or commercial coach [;] or factory-built housing;

      (b) Installs, removes or [tears down] prepares for transport a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing at the site where it will be or has been used for occupancy; or

      (c) Reconstructs a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing by the alteration, addition or substitution of substantial or essential parts.

      2.  The term does not include:

      (a) A licensed manufacturer engaged in the installation, repair or service of a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing that was manufactured by the licensed manufacturer;

      (b) The owner or purchaser of a manufactured home , [or] mobile home or manufactured building or factory-built housing who uses the manufactured home , [or] mobile home or manufactured building or factory-built housing as his private residence; or

      (c) The owner or purchaser of a commercial coach who uses the commercial coach for his own industrial, professional or commercial purposes.

      Sec. 19.  NRS 489.115 is hereby amended to read as follows:

      489.115  “Manufacturer” means every person , including, without limitation, a partnership, limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company, or a corporation, engaged in the business of manufacturing manufactured homes, mobile homes, travel trailers [or] , manufactured buildings, commercial coaches [.] or factory-built housing.

      Sec. 20.  NRS 489.125 is hereby amended to read as follows:

      489.125  “New manufactured home,” “new mobile home,” “new travel trailer” [or] , “new manufactured building,” “new commercial coach” or “new factory-built housing” means a manufactured home, mobile home, travel trailer , manufactured building or commercial coach [,] or factory-built housing, respectively, which has never been sold at retail or occupied either [prior to] before or after sale for the purpose intended by the manufacturer and has never been registered with or been the subject of a certificate of title issued by the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.

      Sec. 21.  NRS 489.137 is hereby amended to read as follows:

      489.137  “Salesman” means any person employed by a dealer or distributor under any form of contract or arrangement to sell, distribute, rent, lease, exchange or buy, or offer for sale, distribution, rental, lease or exchange, an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing to any person, and who receives or expects to receive a commission, fee or any other consideration from his employer.

 


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ê2009 Statutes of Nevada, Page 1904 (Chapter 370, SB 89)ê

 

building or commercial coach or factory-built housing to any person, and who receives or expects to receive a commission, fee or any other consideration from his employer.

      Sec. 22.  NRS 489.147 is hereby amended to read as follows:

      489.147  1.  “Specialty serviceman” means a person who owns or is the designated responsible managing employee of a business which is limited in the scope of the work it may perform on or in a manufactured home, mobile home , manufactured building, modular component or commercial coach or factory-built housing in accordance with NRS 489.325.

      2.  The term does not include:

      (a) A licensed manufacturer engaged in the repair or service of a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing that was manufactured by the licensed manufacturer;

      (b) The owner or purchaser of a manufactured home , [or] mobile home or manufactured building or factory-built housing who uses the manufactured home , [or] mobile home or manufactured building or factory-built housing as his private residence; or

      (c) The owner or purchaser of a commercial coach who uses the commercial coach for his own industrial, professional or commercial purposes.

      Sec. 23.  NRS 489.155 is hereby amended to read as follows:

      489.155  “Used manufactured home,” “used mobile home,” “used travel trailer” [or] , “used manufactured building,” “used commercial coach” or “used factory-built housing” means a manufactured home, mobile home, travel trailer , manufactured building or commercial coach [,] or factory-built housing, respectively, which has been:

      1.  Sold, rented or leased and occupied [prior to] before or after the sale, rental or lease; or

      2.  Registered with or been the subject of a certificate of title issued by the appropriate agency of authority of any other state, the District of Columbia, or any territory or possession of the United States or any foreign state, province or country.

      Sec. 24.  NRS 489.211 is hereby amended to read as follows:

      489.211  The Administrator : [shall:]

      1.  [Possess] Must possess a broad knowledge of generally accepted management practices and be reasonably well informed on laws governing manufactured homes, mobile homes, travel trailers , manufactured buildings, factory-built housing and commercial coaches.

      2.  [Hold no] Shall not hold an interest in any firm which sells, distributes, manufactures, rebuilds or services any manufactured home, mobile home, travel trailer [or] , manufactured building, commercial coach or factory-built housing or which installs any manufactured home, mobile home [or] , manufactured building, commercial coach [, nor may he] or factory-built housing, or act as agent for any of them.

      Sec. 25.  NRS 489.221 is hereby amended to read as follows:

      489.221  [No] An employee of the Division [may] shall not hold an interest in any firm which sells, distributes, manufactures, rebuilds or services any manufactured home, mobile home, travel trailer [or] , manufactured building, commercial coach or factory-built housing or which installs any manufactured home, mobile home [or] , manufactured building, commercial coach [, nor] or factory-built housing, or act as an agent for any of them.

 


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ê2009 Statutes of Nevada, Page 1905 (Chapter 370, SB 89)ê

 

which installs any manufactured home, mobile home [or] , manufactured building, commercial coach [, nor] or factory-built housing, or act as an agent for any of them.

      Sec. 26.  NRS 489.231 is hereby amended to read as follows:

      489.231  1.  [In order to] To carry out the provisions of this chapter, the Administrator may:

      (a) Issue subpoenas for the attendance of witnesses or the production of books, papers and documents; and

      (b) Conduct hearings.

      2.  The Administrator may apply for and receive grants from the Secretary of Housing and Urban Development for developing and carrying out a plan for enforcement and administration of federal standards of safety and construction respecting manufactured homes offered for sale or lease in this State.

      3.  The Administrator may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal standards of safety and construction respecting manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 , [(] 42 U.S.C. §§ 5401 et seq. [).]

      4.  The Administrator may:

      (a) Make inspections;

      (b) Approve plans and specifications;

      (c) Provide technical services;

      (d) Issue licenses, permits, certificates of ownership and certificates and labels of compliance and installation;

      (e) Enter into reciprocal agreements with other states or private organizations that adopt and maintain standards reasonably consistent with this chapter;

      (f) Collect the fees provided for in this chapter; and

      (g) Adopt regulations necessary to carry out his duties under this chapter.

      5.  The Administrator or his representative may enter, at reasonable times and without notice, any mobile home park or place of business or any factory, warehouse or establishment in which manufactured homes, mobile homes , [or] travel trailers , manufactured buildings or factory-built housing are manufactured, stored or held for sale or distribution and inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are relevant to the manufacture , distribution and sale of manufactured homes, mobile homes , [or] travel trailers , manufactured buildings or factory-built housing and compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 , [(] 42 U.S.C. §§ 5401 et seq. [)] , this chapter and chapter 461 of NRS, and any regulations adopted pursuant thereto, and to compliance by landlords of mobile home parks with the prohibition in NRS 118B.140 against charging or receiving any entrance or exit fee. A magistrate shall issue a warrant to permit an inspection if the Administrator has shown:

      (a) Evidence that a violation of a provision of this chapter or of the prohibition in NRS 118B.140 against charging or receiving any entrance or exit fee has been committed or is being committed; or

      (b) That the business has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter.

 


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ê2009 Statutes of Nevada, Page 1906 (Chapter 370, SB 89)ê

 

      Sec. 27.  NRS 489.263 is hereby amended to read as follows:

      489.263  1.  The Administrator may adopt regulations establishing a system for the issuance [and renewal] of permits for the installation, design, approval , repair or modification of manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches [.] or factory-built housing.

      2.  The regulations may include, without limitation:

      (a) The requirements and procedures for applying for [and renewing] a permit;

      (b) The criteria for determining whether to issue [or renew] a permit;

      (c) The grounds for revocation and the requirements for reinstatement of a permit; and

      (d) The procedures for the enforcement of a system for issuing [and renewing] permits.

      Sec. 28.  NRS 489.285 is hereby amended to read as follows:

      489.285  1.  The Division shall adopt regulations concerning continuing education requirements for dealers, distributors, general servicemen , [and] specialty servicemen , [of manufactured homes, mobile homes or commercial coaches, and] responsible managing employees and salesmen. The regulations must include the:

      (a) Criteria for determining what qualifies as continuing education;

      (b) Criteria for approving educational and training programs;

      (c) Requirements for submitting evidence of completion; and

      (d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.

      2.  In adopting regulations pursuant to subsection 1, the Division shall:

      (a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.

      (b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.

      (c) Approve training and educational programs and seminars offered by:

            (1) Individual sponsors;

            (2) Manufactured housing firms and businesses such as dealers, distributors, general servicemen, specialty servicemen, manufacturers [of manufactured homes, mobile homes or commercial coaches,] and suppliers of the various components for constructing such homes or coaches, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;

            (3) Professional and industry-related organizations; and

            (4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees and participation in meetings and conferences of industry-related organizations.

      (d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, distribution, installation, rebuilding and servicing of manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches or factory-built housing and the method of educating licensees.

 


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ê2009 Statutes of Nevada, Page 1907 (Chapter 370, SB 89)ê

 

      3.  The Division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.

      4.  As used in this section, “industry-related organizations” includes, without limitation, the:

      (a) Manufactured Housing Institute;

      (b) Manufactured Home Community Owners ; [Association;]

      (c) Nevada Association of Manufactured Home Owners, Inc.;

      (d) Nevada Association of Realtors; [and]

      (e) Nevada Housing Alliance;

      (f) Modular Building Institute; and

      (g) Any other organization approved by the Division.

      Sec. 29.  NRS 489.305 is hereby amended to read as follows:

      489.305  To open a branch office, a dealer, distributor, general serviceman or specialty serviceman [, as the case may be,] must:

      1.  Obtain a license from the Division to operate the branch office; and

      2.  Provide for direct supervision of the branch office, either by himself or by employing a responsible managing employee.

      Sec. 30.  NRS 489.311 is hereby amended to read as follows:

      489.311  1.  Except as otherwise provided by NRS 489.331, no person may engage or offer to engage in the business of a dealer, distributor, manufacturer, general serviceman or specialty serviceman in this State, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a license by the Division.

      2.  For the purposes of this section, a person engages in the business of a dealer, distributor, manufacturer, general serviceman or specialty serviceman in this State if he, without limitation, submits a bid to perform any activity requiring a license pursuant to this section.

      Sec. 31.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  An application for a manufacturer’s, dealer’s, distributor’s, general serviceman’s or specialty serviceman’s license must be filed upon forms supplied by the Division and include the social security number of the applicant. The applicant must furnish:

      (a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, distributor, general serviceman or specialty serviceman.

      (b) Any proof the Division may require that the applicant has an established place of business.

      (c) Any proof the Division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator 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. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information relating to the fingerprints of an applicant under this section.

      (e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

 


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ê2009 Statutes of Nevada, Page 1908 (Chapter 370, SB 89)ê

 

      (f) A reasonable fee fixed by regulation.

      (g) In the case of a dealer , distributor or general serviceman, proof of passing the examination required under subsection 1 of NRS 489.351.

      (h) In the case of a specialty serviceman, proof of passing the examination required under subsection 1 of NRS 489.351 or proof that the examination has been waived pursuant to subsection 2 of NRS 489.351.

      (i) Any additional requirements the Division may from time to time prescribe by regulation.

      2.  Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealer’s, manufacturer’s, distributor’s, general serviceman’s or specialty serviceman’s license containing the applicant’s name and the address of his fixed place of business.

      4.  Each license is valid for a period of 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

      Sec. 32.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  Applications for a manufacturer’s, dealer’s, distributor’s, general serviceman’s or specialty serviceman’s license must be filed upon forms supplied by the Division, and the applicant shall furnish:

      (a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, distributor, general serviceman or specialty serviceman.

      (b) Any proof the Division may require that the applicant has an established place of business.

      (c) Any proof the Division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator 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. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.

      (e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (f) A reasonable fee fixed by regulation.

      (g) In the case of a dealer , distributor or general serviceman, proof of passing the examination required under subsection 1 of NRS 489.351.

      (h) In the case of a specialty serviceman, proof of passing the examination required under subsection 1 of NRS 489.351 or proof that the examination has been waived pursuant to subsection 2 of NRS 489.351.

      (i) Any additional requirements the Division may from time to time prescribe by regulation.

      2.  Within 60 days after receipt of a complete application, the Division shall issue or deny the license.

 


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ê2009 Statutes of Nevada, Page 1909 (Chapter 370, SB 89)ê

 

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealer’s, manufacturer’s, distributor’s, general serviceman’s or specialty serviceman’s license certificate containing the applicant’s name and the address of his fixed place of business.

      4.  Each license is valid for a period of 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

      Sec. 33.  NRS 489.323 is hereby amended to read as follows:

      489.323  If a licensee is a dealer, distributor, general serviceman , [or] specialty serviceman , [of manufactured homes, mobile homes or commercial coaches, or a] responsible managing employee or salesman, the Division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the Division that he has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the Division pursuant to NRS 489.285.

      Sec. 34.  NRS 489.336 is hereby amended to read as follows:

      489.336  1.  The Division shall adopt regulations for the issuance of limited lien resale licenses and permits authorizing a landlord or manager to sell a used mobile home [. Regulations adopted pursuant to this section] if:

      (a) The mobile home is located in a mobile home park that the landlord or manager owns, leases or manages; and

      (b) The landlord or manager purchased the mobile home at a sale to enforce a lien pursuant to NRS 108.270 to 108.367, inclusive.

      2.  The regulations must specify the requirements for [licensure,] the issuance of a license or permit, including, without limitation, any educational requirements.

      [2.] 3.  A person who is [licensed] issued a license or permit pursuant to the regulations [described in subsection 1] may sell a used mobile home [if:

      (a) The mobile home is located in a mobile home park that the landlord or manager owns, leases or manages; and

      (b) The landlord or manager purchased the mobile home at a sale to enforce a lien pursuant to NRS 108.270 to 108.367, inclusive.

      3.] in accordance with the license or permit.

      4.  As used in this section:

      (a) “Landlord” has the meaning ascribed to it in NRS 118B.014.

      (b) “Manager” has the meaning ascribed to it in NRS 118B.0145.

      (c) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

      Sec. 35.  NRS 489.341 is hereby amended to read as follows:

      489.341  1.  A person shall not act as a salesman in this State or as a responsible managing employee for a person who sells, leases, distributes, reconstructs, improves, repairs or installs any manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing subject to the provisions of this chapter without first having received a license from the Division. Before issuing such a license, the Division shall require:

 


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ê2009 Statutes of Nevada, Page 1910 (Chapter 370, SB 89)ê

 

      (a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address, his social security number and the name and address of his employer.

      (b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years’ experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.

      (c) Proof of the applicant’s good character and reputation and of his fitness to act as a salesman or responsible managing employee.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator 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. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information relating to the fingerprints of an applicant.

      (e) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (f) Payment of a reasonable license fee established by regulation.

      (g) The applicant to have passed the examination required by NRS 489.351.

      (h) Any other information the Division deems necessary.

      2.  Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensee’s name and the address of his employer’s place of business.

      4.  Each license is valid for 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

      5.  A person licensed pursuant to this section shall not engage in sales activity other than for the account of, or for and in behalf of, a single employer who is a licensed dealer [.] or distributor.

      6.  A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, distributor, general serviceman or specialty serviceman for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.

      7.  A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.

      8.  If a salesman or responsible managing employee ceases to be employed by a licensed dealer, distributor, general serviceman or specialty serviceman, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, distributor, general serviceman or specialty serviceman.

 


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ê2009 Statutes of Nevada, Page 1911 (Chapter 370, SB 89)ê

 

reemployed by a licensed dealer, distributor, general serviceman or specialty serviceman. Every licensed salesman and responsible managing employee shall report in writing to the Division every change in his place of employment or termination of employment within 5 days after the date of making the change.

      Sec. 36.  NRS 489.341 is hereby amended to read as follows:

      489.341  1.  A person shall not act as a salesman in this State or as a responsible managing employee for a person who sells, leases, distributes, reconstructs, improves, repairs or installs any manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing subject to the provisions of this chapter without first having received a license from the Division. Before issuing such a license, the Division shall require:

      (a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address and the name and address of his employer.

      (b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years’ experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.

      (c) Proof of the applicant’s good character and reputation and of his fitness to act as a salesman or responsible managing employee.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator 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. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information respecting the fingerprints of an applicant.

      (e) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (f) Payment of a reasonable license fee established by regulation.

      (g) The applicant to have passed the examination required by NRS 489.351.

      (h) Any other information the Division deems necessary.

      2.  Within 60 days after receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensee’s name and the address of his employer’s place of business.

      4.  Each license is valid for 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

      5.  A person licensed pursuant to this section shall not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer [.] or distributor.

      6.  A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, distributor, general serviceman or specialty serviceman for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.

 


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ê2009 Statutes of Nevada, Page 1912 (Chapter 370, SB 89)ê

 

current license leaves the employment of one dealer, distributor, general serviceman or specialty serviceman for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.

      7.  A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.

      8.  If a salesman or responsible managing employee ceases to be employed by a licensed dealer, distributor, general serviceman or specialty serviceman, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, distributor, general serviceman or specialty serviceman. Every licensed salesman and responsible managing employee shall report in writing to the Division every change in his place of employment or termination of employment within 5 days after the date of making the change.

      Sec. 37.  NRS 489.342 is hereby amended to read as follows:

      489.342  1.  A natural person who applies for the issuance or renewal of a manufacturer’s, dealer’s, distributor’s, general serviceman’s, specialty serviceman’s, salesman’s or responsible managing employee’s license shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Division.

      3.  A manufacturer’s, dealer’s, distributor’s, general serviceman’s, specialty serviceman’s, salesman’s or responsible managing employee’s license may not be issued or renewed by the Division if the applicant is a natural person who:

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

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

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

      Sec. 38.  NRS 489.343 is hereby amended to read as follows:

      489.343  1.  Every partnership , limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company doing business as a manufacturer, dealer, distributor, general serviceman or specialty serviceman in this State shall designate one of its members, and every corporation doing business as a manufacturer, dealer, distributor, general serviceman or specialty serviceman in this State shall designate one of its officers, to submit an application for a manufacturer’s, dealer’s, distributor’s, general serviceman’s or specialty serviceman’s license.

 


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ê2009 Statutes of Nevada, Page 1913 (Chapter 370, SB 89)ê

 

members, and every corporation doing business as a manufacturer, dealer, distributor, general serviceman or specialty serviceman in this State shall designate one of its officers, to submit an application for a manufacturer’s, dealer’s, distributor’s, general serviceman’s or specialty serviceman’s license.

      2.  The Division shall issue a manufacturer’s, dealer’s, distributor’s, general serviceman’s or specialty serviceman’s license to the member or officer on behalf of the corporation , company or partnership upon:

      (a) The designated member or officer, in the case of a dealer, distributor, general serviceman or specialty serviceman, successfully passing the examination required pursuant to subsection 1 of NRS 489.351 unless, in the case of a specialty serviceman, the examination is waived pursuant to subsection 2 of NRS 489.351; and

      (b) Compliance with all other requirements of law or any other additional requirements the Division may from time to time prescribe by regulation by the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company, or corporation, as well as by the designated member or officer.

      3.  Upon receipt of the license, the designated member or officer is entitled to perform all the acts authorized by a license issued by the Division, except:

      (a) That the license issued entitles the designated member or officer to act pursuant to the terms and conditions of the license issued by the Division only as officer or agent of the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company, or corporation, and not on his own behalf; and

      (b) That if the person designated by the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company, or corporation:

            (1) Is refused a license by the Division; or

            (2) Ceases to be connected with the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership, limited-liability company or corporation,

Ê the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership, limited-liability company, or corporation may designate another person who shall make application and qualify as in the first instance.

      Sec. 39.  NRS 489.344 is hereby amended to read as follows:

      489.344  Each member or officer of a partnership , limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company, or a corporation who will perform or engage in any of the acts specified in NRS 489.076, 489.102, 489.115 or 489.147, or section 2 of this act, other than the member or officer designated for that purpose by the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership, limited-liability company, or the corporation , in the manner provided in NRS 489.343, must apply for and take out a separate manufacturer’s, dealer’s, distributor’s, general serviceman’s or specialty serviceman’s license in his own name. The license issued to any such member or officer of a partnership , company or corporation entitles the member or officer to act as a manufacturer, dealer, distributor, general serviceman or specialty serviceman only as an officer or agent of the partnership , limited partnership, limited-liability partnership, limited-liability limited partnership, limited-liability company, or corporation and not on his own behalf.

 


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ê2009 Statutes of Nevada, Page 1914 (Chapter 370, SB 89)ê

 

partnership , limited partnership, limited-liability partnership, limited-liability limited partnership, limited-liability company, or corporation and not on his own behalf.

      Sec. 40.  NRS 489.351 is hereby amended to read as follows:

      489.351  1.  Except as otherwise provided in subsection 2, the Administrator shall require an oral or written examination of each applicant for a license as a dealer, distributor, responsible managing employee, salesman, general serviceman or specialty serviceman.

      2.  The Administrator may waive the examination required pursuant to subsection 1 for an applicant for a license as a specialty serviceman if:

      (a) The applicant holds another valid license issued by this State; and

      (b) The services performed by the applicant pursuant to that license are substantially similar to the services to be performed by the applicant as a specialty serviceman.

      Sec. 41.  NRS 489.401 is hereby amended to read as follows:

      489.401  The following grounds, among others, constitute grounds for disciplinary action pursuant to NRS 489.381:

      1.  The intentional publication, circulation or display of any advertising which constitutes a deceptive trade practice as that term is defined in NRS 598.0915 to 598.0925, inclusive.

      2.  Failure to include in any advertising the name of the licensed dealer, distributor, general serviceman or specialty serviceman, or the name under which he is doing business.

      3.  Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.

      4.  Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home , manufactured building or commercial coach [.] or factory-built housing.

      5.  Failure to disclose to a person with whom the licensed dealer or distributor is dealing with regard to the sale, distribution, purchase or lease of a manufactured home any material facts, structural defects or other material information which the licensed dealer or distributor knew, or which by the exercise of reasonable care and diligence should have known, concerning the manufactured home or concerning the sale, distribution, purchase or lease of the manufactured home.

      6.  Failure to comply with the provisions of NRS 489.595.

      7.  Representing to any lender, guaranteeing agency or other interested party, orally or through the preparation of false documents:

      (a) An amount in excess of the actual sales price;

      (b) A false amount as the down payment, earnest money deposit or other valuable consideration;

      (c) Terms differing from those actually agreed upon; or

      (d) False information on a credit application.

      8.  Inducing an applicant to falsify his credit application.

      9.  Failure to obtain from the holder of any lien or security interest in a manufactured home, mobile home , manufactured building or commercial coach [,] or factory-built housing within 10 days before the closure of a sale [of the manufactured home, mobile home or commercial coach,] a written acknowledgment that the holder of the lien or security interest has received written notification of the sale.

 


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ê2009 Statutes of Nevada, Page 1915 (Chapter 370, SB 89)ê

 

      Sec. 42.  NRS 489.411 is hereby amended to read as follows:

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

      1.  Claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement, authorizing or employing a licensee to sell, distribute, buy or exchange a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing for compensation or commission, where the agreement does not contain a definite specified date of final and complete termination, does not set forth the terms and conditions of the exclusive agreement or is not signed by both the licensee and the owner.

      2.  While the employee, agent or fiduciary of a licensee, soliciting, accepting or agreeing to accept any benefit, fee, commission or compensation for the performance of any of the acts specified in this chapter from any person except the licensee with whom he is associated or employed.

      3.  Paying a commission or other compensation to any person or employing any person for performing the services of a person required to be licensed under this chapter who has not first secured his license pursuant to this chapter.

      4.  Commingling the money or other property of his principals with his own or converting the money of others to his own use.

      5.  Knowingly permitting a person whose license has been revoked or suspended or who does not hold a valid license to engage on behalf of the licensed dealer or distributor in acts that require a license.

      6.  In the case of a salesman, failing to give to the licensed dealer or distributor by whom the salesman is employed, as soon as practicable after receipt, a deposit or other money or consideration entrusted to him by a person dealing with the salesman as a representative of the licensed dealer [.] or distributor.

      7.  Failing within a reasonable time to account for or to remit any money coming into his possession which belongs to others.

      8.  Failure or refusal by a licensee to pay or otherwise discharge any final judgment rendered and entered against him which arises out of the conduct of his business licensed under this chapter.

      9.  Acting in the dual capacity of agent and undisclosed principal in a transaction.

      Sec. 43.  NRS 489.416 is hereby amended to read as follows:

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

      1.  Workmanship which:

      (a) Is not commensurate with standards of the trade in general;

      (b) Is below standards adopted by the Division or the codes and standards [determined by the edition of the Uniform Building Code, Uniform Plumbing Code or the National Electrical Code, respectively, in effect on July 1, 1983;] adopted pursuant to this chapter and chapter 461 or NRS, and any regulations adopted pursuant thereto; or

      (c) Endangers the life and safety of an occupant of a manufactured home, mobile home , manufactured building or commercial coach [.] or factory-built housing.

      2.  Failure to honor any warranty or other guarantee given by a licensee for workmanship or material as a condition of securing a contract, or of selling, distributing, leasing, reconstructing, improving, repairing or installing any manufactured home, mobile home, manufactured building, commercial coach , factory-built housing or accessory structure.

 


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ê2009 Statutes of Nevada, Page 1916 (Chapter 370, SB 89)ê

 

selling, distributing, leasing, reconstructing, improving, repairing or installing any manufactured home, mobile home, manufactured building, commercial coach , factory-built housing or accessory structure.

      3.  Gross negligence or incompetence in performing an act for which a license is required pursuant to this chapter.

      Sec. 44.  NRS 489.423 is hereby amended to read as follows:

      489.423  1.  Upon a finding that a licensed dealer or distributor knew, or by the exercise of reasonable care and diligence should have known, of any unlawful act or violation of a provision of this chapter by a salesman, general serviceman , [or] specialty serviceman or any other person who is employed by or associated with the licensed dealer [,] or distributor, the Administrator may suspend or revoke the license of the licensed dealer or distributor and impose an administrative fine upon him of not more than $1,000.

      2.  Upon a finding that a licensed dealer or distributor failed to maintain adequate supervision of a salesman, general serviceman or specialty serviceman who, while employed by or associated with the licensed dealer [,] or distributor, committed any unlawful act or violated a provision of this chapter, the Administrator may suspend or revoke the license of a licensed dealer or distributor and impose an administrative fine upon him of not more than $1,000.

      3.  Upon a finding that a licensed general serviceman or specialty serviceman knew, or by the exercise of reasonable care and diligence should have known, of any unlawful act or violation of a provision of this chapter by any person who is employed by or associated with the licensed general serviceman or specialty serviceman, the Administrator may suspend or revoke the license of the licensed general serviceman or specialty serviceman and impose an administrative fine upon him of not more than $1,000.

      Sec. 45.  NRS 489.425 is hereby amended to read as follows:

      489.425  1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a manufacturer’s, dealer’s, distributor’s, general serviceman’s, specialty serviceman’s, salesman’s or responsible managing employee’s license, the Division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a manufacturer’s, dealer’s, distributor’s, general serviceman’s, specialty serviceman’s, salesman’s or responsible managing employee’s license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 46.  NRS 489.481 is hereby amended to read as follows:

      489.481  The Division shall adopt regulations providing fees for:

      1.  Certificates of installation;

      2.  Labels of installation;

 


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      3.  Certificates of compliance;

      4.  Labels of compliance;

      5.  Certificates of ownership;

      6.  Licenses of manufacturers, dealers, distributors, salesmen, responsible managing employees, general servicemen and specialty servicemen;

      7.  Licenses for branch offices; and

      8.  Any other services provided by the Division.

      Sec. 47.  NRS 489.4971 is hereby amended to read as follows:

      489.4971  1.  The Account for Education and Recovery Relating to Manufactured Housing is hereby created within the Fund for Manufactured Housing to satisfy the claims of purchasers of manufactured homes, mobile homes [or] , manufactured buildings, commercial coaches or factory-built housing against persons licensed pursuant to the provisions of this chapter. Any balance in the Account over $500,000 at the end of any fiscal year must be set aside and used by the Administrator for education relating to manufactured homes, mobile homes, travel trailers [or] , manufactured buildings, commercial coaches [.] or factory-built housing.

      2.  Upon the issuance or renewal of the following licenses by the Division, the licensee must pay, in addition to the original or renewal license fee, a fee:

      (a) For a dealer’s , distributor’s or manufacturer’s original license, or for any original limited dealer’s license [,] which authorizes a limited dealer to act as a repossessor or liquidator, of $1,000.

      (b) For a dealer’s , distributor’s or manufacturer’s renewal license, or a renewal of any limited dealer’s license [,] which authorizes a limited dealer to act as a repossessor or liquidator, of $600.

      (c) For an original or renewal license for:

            (1) A general serviceman or specialty serviceman, of $150.

            (2) A salesman, of $75.

            (3) A responsible managing employee, of $100.

Ê Except as otherwise provided in NRS 489.265, fees collected pursuant to this section must be deposited in the State Treasury for credit to the Account.

      3.  A payment from the Account to satisfy the claim of a purchaser specified in subsection 1 against a person who is licensed pursuant to this chapter must be made only upon an appropriate court order that is issued in an action for fraud, misrepresentation or deceit relating to an act for which a license is required pursuant to this chapter.

      4.  If a purchaser specified in subsection 1 commences an action specified in subsection 3 against a person who is licensed pursuant to this chapter, the purchaser must serve a copy of the complaint upon the Administrator within 30 days after the action is commenced.

      Sec. 48.  NRS 489.4975 is hereby amended to read as follows:

      489.4975  1.  If a purchaser of a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action specified in subsection 3 of NRS 489.4971, the judgment creditor may, upon the termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment from the Account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per judgment and the liability of the Account may not exceed $100,000 for any licensee.

 


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included in the judgment and unpaid, but not more than $25,000 per judgment and the liability of the Account may not exceed $100,000 for any licensee.

      2.  A copy of the petition must be served upon the Administrator and an affidavit of service filed with the court. The petition and each copy of the petition served pursuant to this subsection must set forth the grounds which entitle the judgment creditor to recover from the Account and must include a copy of:

      (a) The final judgment specified in subsection 1;

      (b) The complaint upon which the final judgment was entered; and

      (c) If assets are known to exist, the writ of execution that was returned unsatisfied.

      3.  The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:

      (a) He is not the spouse of the judgment debtor, or the personal representative of that spouse.

      (b) He has complied with all the requirements of NRS 489.4971 to 489.4989, inclusive.

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.

      (d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of any of them that were found under the execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He and the Division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

      (f) The petition has been filed not more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      4.  A person licensed pursuant to this chapter shall not recover from the Account for damages related to a transaction in which he acted in his capacity as a licensee.

      Sec. 49.  NRS 489.501 is hereby amended to read as follows:

      489.501  1.  When a new manufactured home, new mobile home , new manufactured building or new commercial coach or new factory-built housing is sold in this State by a dealer, he shall complete a [dealer’s] report of sale. The [dealer’s] report of sale must be in a form prescribed by the Division and include a description of the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller or dealer to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing, the name and address of the secured party or his assignee must be entered on the [dealer’s] report of sale.

      2.  The dealer shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the Division, which includes a statement that a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing is taxable in the county in which it is located.

 


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coach or factory-built housing is taxable in the county in which it is located. A dealer who sells a new manufactured home, new mobile home , new manufactured building or new commercial coach or new factory-built housing shall deliver the buyer’s copy of the acknowledgment of taxes to him at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing will be located.

      3.  The dealer shall submit the original of the [dealer’s] report of sale and the manufacturer’s certificate or statement of origin to the Division within 30 days after the execution of all instruments which the contract of sale required to be executed at the time of sale or within 30 days after the date of sale, whichever is later, unless an extension of time is granted by the Division.

      4.  A dealer who sells a new manufactured home, new mobile home , new manufactured building or new commercial coach or new factory-built housing shall deliver the buyer’s copy of the report of sale to him at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing will be located.

      Sec. 50.  NRS 489.511 is hereby amended to read as follows:

      489.511  1.  If a used or rebuilt manufactured home, mobile home , manufactured building or commercial coach or used or rebuilt factory-built housing is sold in this State by a dealer, the dealer shall complete a dealer’s report of sale. The report must be in a form prescribed by the Division and include a description of the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller or dealer to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing, the name and address of the secured party must be entered on the dealer’s report of sale.

      2.  The dealer shall submit the original of the dealer’s report of sale to the Division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the Division, together with the endorsed certificate of title or certificate of ownership previously issued. The dealer shall furnish one copy of the report of sale to the buyer at the time of the sale. Within 45 days after the sale, the dealer shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing will be located.

      3.  The dealer shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the Division, which includes a statement that the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is taxable in the county in which it is located. The dealer shall deliver the buyer’s copy of the acknowledgment to him at the time of sale and submit another copy to the county assessor of the county in which the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is to be located.

 


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county assessor of the county in which the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is to be located.

      4.  If a used or rebuilt manufactured home, mobile home , manufactured building or commercial coach or used or rebuilt factory-built housing is sold by a dealer pursuant to an installment contract or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale, the dealer shall submit to the Division any information required by the regulations adopted by the Administrator pursuant to NRS 489.272.

      Sec. 51.  NRS 489.521 is hereby amended to read as follows:

      489.521  1.  If a used or rebuilt manufactured home, mobile home , manufactured building or commercial coach or used or rebuilt factory-built housing is sold in this State by a person who is not a dealer, the seller or buyer, or both, shall submit to the Division, and a copy to the county assessor of the county in which the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is located, within 45 days after the sale:

      (a) If a certificate of ownership has been issued in this State, that certificate properly endorsed.

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

            (1) The certificate or document properly endorsed; and

            (2) A statement showing, if not included on the endorsed certificate or document, the description of the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. The statement must be signed and acknowledged by the seller and buyer.

      (c) If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by subparagraph (2) of paragraph (b) of subsection 1.

      2.  If a used or rebuilt manufactured home, mobile home , manufactured building or commercial coach or used or rebuilt factory-built housing is sold by a person who is not a dealer pursuant to an installment contract or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale, the seller or buyer, or both, shall submit to the Division any information required by the regulations adopted by the Administrator pursuant to NRS 489.272.

      Sec. 52.  NRS 489.541 is hereby amended to read as follows:

      489.541  1.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, upon receipt of the documents required by the Division, the Division shall issue a certificate of ownership.

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

      3.  If a security interest is created by the sale, the certificate of ownership must be issued to the secured party or his assignee, and must show the name of the registered owner.

      4.  The Division shall not issue a certificate of ownership for a mobile home that has been determined to be substandard until the conditions that rendered the mobile home substandard are abated.

 


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      5.  The Division shall not issue a certificate of title or certificate of ownership for factory-built housing that constitutes real property pursuant to subsection 4 of NRS 361.244.

      Secs. 53 and 54.  (Deleted by amendment.)

      Sec. 55.  NRS 489.7154 is hereby amended to read as follows:

      489.7154  1.  Except as otherwise provided in subsection 2, a dealer shall not obtain or attempt to obtain the signature of a buyer on a contract for the sale or exchange of an interest in a mobile home, manufactured home , manufactured building or commercial coach or factory-built housing if any of the essential provisions of the contract are not set forth in the contract.

      2.  The dealer may insert:

      (a) The identification number or identifying marks of a manufactured home, mobile home , manufactured building or commercial coach [;] or factory-built housing; and

      (b) The date the first installment payment for the sale or exchange is due from the buyer,

Ê into the blank spaces of a contract after the contract has been signed by a buyer if the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing was not delivered to the buyer on the date the contract was executed.

      3.  The Administrator shall prescribe, by regulation, the essential provisions of a contract.

      Sec. 56.  NRS 489.7156 is hereby amended to read as follows:

      489.7156  A brokerage agreement that includes a provision that grants a dealer the exclusive right to assist, solicit or negotiate the sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing on behalf of a client is enforceable if the agreement:

      1.  Is in writing;

      2.  Sets forth the date the brokerage agreement expires;

      3.  Does not require the client to perform any act concerning the brokerage agreement after the agreement expires; and

      4.  Is signed by the client or his representative and the dealer or his representative.

      Sec. 57.  NRS 489.7158 is hereby amended to read as follows:

      489.7158  1.  A dealer who has entered into a brokerage agreement with a client for the sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing shall:

      (a) Seek the price and terms for the sale or exchange that are set forth in the brokerage agreement or are approved by the client;

      (b) Present all offers made to or by the client as soon as practicable;

      (c) Disclose to the client all the material facts known by him concerning the sale or exchange;

      (d) Advise the client to obtain advice from an expert concerning any matters that are beyond the knowledge or expertise of the dealer;

      (e) As soon as practicable, account for all money and property he receives in which the client may have a financial interest; and

      (f) As soon as practicable, deliver to each party a copy of the executed contract for the sale or exchange.

      2.  A dealer shall not enter into a brokerage agreement with a client for the sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing unless the dealer has determined that the client will be able to deliver good title upon the execution of the sale or exchange of the interest in the manufactured home, mobile home [or] , manufactured building, commercial coach [.]

 


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ê2009 Statutes of Nevada, Page 1922 (Chapter 370, SB 89)ê

 

manufactured building or commercial coach or factory-built housing unless the dealer has determined that the client will be able to deliver good title upon the execution of the sale or exchange of the interest in the manufactured home, mobile home [or] , manufactured building, commercial coach [.] or factory-built housing.

      Sec. 58.  (Deleted by amendment.)

      Sec. 59.  NRS 489.717 is hereby amended to read as follows:

      489.717  1.  A dealer shall not require a person to obtain a loan or financing from him or any other person as a condition to the purchase, sale or exchange of a manufactured home, mobile home , manufactured building or commercial coach [.] or factory-built housing.

      2.  A dealer shall disclose the substance of subsection 1 to each person with whom it agrees to purchase, sell or exchange a manufactured home, mobile home , manufactured building or commercial coach [.] or factory-built housing. The Division may adopt regulations concerning the form and manner of the disclosure.

      Sec. 60.  NRS 489.723 is hereby amended to read as follows:

      489.723  1.  Any money that a dealer receives from a client or other person concerning the sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing must be accounted for by the dealer when:

      (a) The sale or exchange of the interest in the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is executed; or

      (b) The contract for the sale or exchange of the interest in the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is rescinded by the dealer, client or any other person,

Ê whichever occurs earlier.

      2.  The dealer shall:

      (a) Prepare or cause to be prepared a written itemized statement concerning each expenditure or deduction of money made by the dealer;

      (b) Deliver or cause to be delivered to each person from whom the dealer received money a copy of the written itemized statement; and

      (c) Maintain a copy of the written itemized statement at his place of business.

      3.  Except as otherwise provided in a brokerage agreement or an escrow agreement signed by the parties to a sale or exchange of an interest in a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing and the escrow agent or escrow officer licensed pursuant to the provisions of chapter 645A or 692A of NRS, no money concerning that sale or exchange held by a dealer may be distributed until:

      (a) An application for:

            (1) A certificate of ownership for the manufactured home, mobile home [or] , manufactured building, commercial coach [;] or factory-built housing; or

            (2) A certificate of title or certificate of ownership that does not pass immediately upon the sale or transfer of the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing,

Ê has been submitted to the Division;

 


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      (b) Each person who has a financial interest in the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing has executed a document that releases or waives his interest; and

      (c) Each party to the sale or exchange has complied with the requirements for the sale or exchange that are set forth in the regulations adopted pursuant to the provisions of this chapter.

      Sec. 61.  NRS 489.724 is hereby amended to read as follows:

      489.724  1.  All down payments, deposits of earnest money, proceeds of loans or other money which a dealer receives [,] on behalf of his principal or any other person [,] must be deposited in : [a]

      (a) An escrow account maintained by an escrow agent or escrow officer licensed pursuant to chapter 645A or 692A of NRS; or

      (b) A separate checking account, which must be designated a trust account, in a financial institution in this State whose deposits are insured by an agency of the Federal Government or by a private insurer approved pursuant to NRS 678.755.

      2.  Every dealer required to maintain a separate or trust account shall keep records of all money deposited therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals [,] and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. All such records and money are subject to inspection and audit by the Division and its authorized representatives [.] pursuant to section 12 of this act. All such separate trust accounts must designate the dealer as trustee and provide for the withdrawal of money without previous notice. The dealer shall balance each separate trust account at least monthly. The dealer shall provide to the Division, on a form provided by the Division, an annual accounting which shows an annual reconciliation of each separate trust account.

      3.  All money deposited in a separate trust account from down payments, deposits of earnest money, proceeds of loans or other money received by a dealer from a person pursuant to a written contract signed by the dealer and that person must not be withdrawn from the account except to pay specific expenses as authorized by the written contract. The dealer is personally responsible and liable for such money at all times. A dealer shall not permit any advance payment of money belonging to another person to be deposited in the dealer’s business or personal account or to be commingled with any money he has on deposit.

      4.  Each dealer shall notify the Division of the names of the financial institutions in which he maintains trust accounts and specify the names of the accounts on forms provided by the Division.

      Sec. 62.  NRS 489.729 is hereby amended to read as follows:

      489.729  If a licensed dealer takes a mobile home, manufactured home , manufactured building or commercial coach or factory-built housing in trade on the purchase of another such home , building or coach and there is an outstanding security interest, the licensed dealer shall satisfy the outstanding security interest within 30 days after the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing is taken in trade on the purchase of the other home , building or coach.

 


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      Sec. 63.  NRS 489.741 is hereby amended to read as follows:

      489.741  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division or any of its officers or employees in carrying out the provisions of this chapter, or in giving or failing to give any information concerning the legal ownership of a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing or the existence of a security interest in it.

      Sec. 64.  NRS 489.751 is hereby amended to read as follows:

      489.751  1.  Unless otherwise specifically waived in writing by the buyer, for each sale [of a manufactured home, mobile home or commercial coach] in which the dealer is the seller or an agent of the seller, there is an implied warranty by the dealer that all the essential systems are in working order upon the execution of the sale. For the purposes of this subsection, the words “as is” or any similar words do not constitute a waiver of the implied warranty unless the words specifically refer to a specific component of an essential system.

      2.  As used in this section, “essential system” means the heating, air-conditioning, electrical, plumbing and drainage systems of a manufactured home, mobile home , manufactured building or commercial coach [.] or factory-built housing.

      Sec. 65.  NRS 489.772 is hereby amended to read as follows:

      489.772  “Transferee” means any person who purchases, leases or otherwise takes possession [in any other manner] or attempts to purchase, lease or otherwise take possession [in any other manner] of a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing or any interest therein from a transferor.

      Sec. 66.  NRS 489.774 is hereby amended to read as follows:

      489.774  “Transferor” means any person who:

      1.  Sells or leases or attempts to sell or lease a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing or any interest therein to a transferee; or

      2.  Transfers or attempts to transfer a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing or any interest therein to a transferee in any other manner.

      Sec. 67.  NRS 489.776 is hereby amended to read as follows:

      489.776  1.  Except as otherwise provided in this section and unless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine, a transferor or his agent who has actual knowledge of such information shall disclose the information to a transferee or his agent.

      2.  The disclosure described in subsection 1 is not required if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing by an entity certified or licensed to do so; or

      (b) The manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing has been deemed safe for habitation by a governmental entity.

 


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      3.  The disclosure described in subsection 1 is not required for any sale or other transfer or intended sale or other transfer of a manufactured home, mobile home , manufactured building or commercial coach or factory-built housing by a transferor:

      (a) To any co-owner of the manufactured home, mobile home [or] , manufactured building, commercial coach [,] or factory-built housing, the spouse of the transferor or a person related within the third degree of consanguinity to the transferor; or

      (b) If the transferor is a dealer and this is the first sale or transfer of a new manufactured home, new mobile home , new manufactured building or new commercial coach [.] or new factory-built housing.

      4.  The Division may adopt regulations to carry out the provisions of this section.

      Sec. 68.  NRS 489.778 is hereby amended to read as follows:

      489.778  1.  A transferor or his agent, or both, who violates any provision of NRS 489.776 may be held liable to the transferee in any action at law or in equity.

      2.  An agent of a transferee who has actual knowledge of any information required to be disclosed pursuant to NRS 489.776 may be held liable to the transferee in any action at law or in equity if he fails to disclose that information to the transferee.

      3.  If a transferor makes a disclosure pursuant to NRS 489.776, the transferee may:

      (a) Rescind the agreement to purchase, lease or take possession of the manufactured home, mobile home [or] , manufactured building, commercial coach [;] or factory-built housing;

      (b) Make the agreement to purchase, lease or take possession of the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing contingent upon the repair of any damage to the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing that has been caused by the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Accept the manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing with the damage as disclosed by the transferor without further recourse.

      4.  The rights and remedies provided by this section are in addition to any other rights or remedies that may exist at law or in equity.

      Sec. 69.  NRS 489.811 is hereby amended to read as follows:

      489.811  1.  Except as otherwise provided in subsection 5, any person who violates any of the provisions of this chapter is liable to the State for a civil penalty of not more than $1,000 for each violation. Each violation of this chapter or any regulation or order issued under it constitutes a separate violation with respect to each manufactured home, mobile home [or] , manufactured building, commercial coach or factory-built housing and with respect to each failure or refusal to allow or perform an act required by this chapter or regulation or order, except that the maximum civil penalty is $1,000,000 for any related series of violations occurring within 1 year after the first violation.

 


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      2.  Before the adoption of any regulation for whose violation a civil penalty may be imposed, the Administrator shall give at least 30 days’ written notice to every licensed manufacturer, dealer, distributor, general serviceman and specialty serviceman, and every other interested party who has requested the notice.

      3.  An action to enforce a civil penalty must be brought in a court of competent jurisdiction in the county in which the defendant has his principal place of business.

      4.  All money collected as civil penalties pursuant to the provisions of this chapter must be deposited in the State General Fund.

      5.  This section does not apply to a manufacturer , distributor or dealer of travel trailers.

      Sec. 70.  NRS 489.821 is hereby amended to read as follows:

      489.821  1.  A person is guilty of a gross misdemeanor who knowingly:

      (a) Makes any false entry on any certificate of origin or certificate of ownership.

      (b) Furnishes false information to the Division concerning any security interest.

      (c) Files with the Administrator any notice, statement or other document required under the provisions of this chapter which is false or contains any material misstatement of fact.

      (d) Whether acting individually or as a director, officer or agent of a corporation, violates a provision of the National Manufactured Housing Construction and Safety Standards Act of 1974 , [(] 42 U.S.C. §§ 5401 et seq. [),] , this chapter and chapter 461 of NRS, and any regulations adopted pursuant thereto, causing a condition which endangers the health or safety of a purchaser of a manufactured home.

      2.  A dealer is guilty of a gross misdemeanor who knowingly:

      (a) Fails to maintain a trust account as required by NRS 489.724.

      (b) Commingles the money or other property of a seller or purchaser of a manufactured home , manufactured building or [a] mobile home or factory-built housing with his own.

      (c) Fails to cooperate or comply with or knowingly impedes or interferes with any investigation or audit conducted by the Division pursuant to section 12 of this act.

      (d) Acts as a dealer while insolvent or engages in any financial practice which creates a substantial risk of insolvency.

      3.  Except as otherwise provided in [subsections 1, 2 and 4 of] this section, any person who knowingly or willfully violates any [of the provisions] provision of this chapter is guilty of a misdemeanor.

      4.  Subsection 3 does not apply to a manufacturer of travel trailers.

      Sec. 71.  NRS 108.355 is hereby amended to read as follows:

      108.355  1.  A person contesting the validity of a lien on a mobile home or manufactured home may file a notice of opposition to the lien in the justice court in whose jurisdiction the mobile home or manufactured home is located. The notice of opposition must be filed within 5 days after the person filing the notice receives the notice of sale by auction, must be made on a form provided by the clerk of the justice court and must include the facts supporting the notice. The person filing the notice shall serve certified copies of it upon the lien claimant and the Manufactured Housing Division of the Department of Business and Industry.

 


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ê2009 Statutes of Nevada, Page 1927 (Chapter 370, SB 89)ê

 

      2.  Upon the filing of the notice of opposition to the lien, the justice of the peace shall schedule a hearing on the notice, which must be held as soon as practicable but not sooner than 5 days after service of the notice. The justice of the peace shall affix the date of the hearing to the notice and order that a copy be served upon the lien claimant within 5 days after the date of the order.

      3.  The justice of the peace shall either dismiss the objections to the lien claim, declare the lien invalid or declare the amount of the lien if it is different from that described by the lien claimant.

      4.  After receipt of a notice of opposition to a lien or other notice pursuant to any proceeding to contest the validity of a lien, the Manufactured Housing Division of the Department of Business and Industry shall not transfer the title to the mobile home or manufactured home that is the subject of the lien until the matter has been adjudicated.

      5.  This section does not affect the rights of a secured party pursuant to chapter 104 of NRS.

      Sec. 72.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 73 to 75, inclusive, of this act.

      Sec. 73.  “Certified appraiser” means an appraiser who possesses the necessary qualifications pursuant to the provisions of this chapter.

      Sec. 74.  To qualify as a certified appraiser, a person must possess a professional certification as an appraiser issued by:

      1.  The National Society of Appraiser Specialists, including, without limitation, a Board Certified Manufactured Housing Valuation designation; or

      2.  Any other organization approved by the Division.

      Sec. 74.5.  A person who makes a determination of the fair market value of a manufactured home pursuant to the provisions of NRS 118B.130, 118B.177, 118B.180 or 118B.183 shall make such determination in compliance with the guidelines of:

      1.  The most current edition of the Manufactured Housing Cost Guide of the National Automobile Dealers Association; or

      2.  The Manufactured Housing National Appraisal System of the National Automobile Dealers Association.

      Sec. 75.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division or any of its officers or employees in carrying out the provisions of this chapter.

      Sec. 76.  NRS 118B.010 is hereby amended to read as follows:

      118B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 73 of this act have the meanings ascribed to them in those sections.

      Sec. 77.  NRS 118B.120 is hereby amended to read as follows:

      118B.120  1.  The landlord or his agent or employee may:

      (a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

      (b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenant’s lot and charge the tenant a service fee for the actual cost of that maintenance.

      (c) Require that the manufactured home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.

 


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ê2009 Statutes of Nevada, Page 1928 (Chapter 370, SB 89)ê

 

      2.  The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a manufactured home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lienholder or from the proceeds of any sale for taxes, as the case may be.

      3.  Before dismantling a manufactured home that was abandoned, the landlord or manager must:

      (a) Conduct a title search with the Division to determine the owner of record of the manufactured home. If the owner of record is not found, the landlord or manager may use the records of the county assessor for the county in which the manufactured home is located to determine the owner of the manufactured home.

      (b) Send a certified letter notifying the owner and any lienholder of the intent of the landlord or manager to dismantle the manufactured home.

      (c) If the owner does not respond within 30 days after the date of mailing the certified letter, submit to the Division an affidavit of dismantling.

      4.  The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees absent a written voluntary assumption of that duty by the tenant for trees on the tenant’s lot.

      [4.] 5.  For the purposes of this section, a manufactured home shall be deemed to be abandoned if:

      (a) It is located on a lot in a manufactured home park, other than a cooperative park, for which no rent has been paid for at least 60 days;

      (b) It is unoccupied; and

      (c) The manager of the manufactured home park reasonably believes it to be abandoned.

      Sec. 78.  NRS 118B.130 is hereby amended to read as follows:

      118B.130  1.  A landlord may not change:

      (a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or

      (b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.

      2.  A tenant who elects to move pursuant to a provision of subsection 1 shall give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park.

      3.  At the time of providing notice of the change in restrictions in the park, the landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

      4.  If a landlord is required to move a tenant to another park pursuant to subsection 1, he shall pay:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within 100 miles from the manufactured home park; or

 


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      (b) If the new location is more than 100 miles from the manufactured home park, the cost of moving the manufactured home for the first 100 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park.

      5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      7.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

      (a) Tenant of the park who does not meet the new restrictions; and

      (b) Prospective tenant before the commencement of the tenancy.

      8.  For the purposes of this section, the fair market value of a manufactured home [and the reasonable cost of removing and disposing of a manufactured home] must be determined [by:] as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is [agreed upon] a certified appraiser and who is selected jointly by the landlord or his agent and the tenant [; or] shall make the determination.

      (b) [If the landlord and tenant cannot agree pursuant to] If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who [is selected for this purpose by the Division.] shall make the determination.

      9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the [reasonable] cost of removing and disposing of a manufactured home pursuant to subsection 6.

      Sec. 79.  NRS 118B.177 is hereby amended to read as follows:

      118B.177  1.  If a landlord closes a manufactured home park, or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amounts required by subsections 3, 4 and 5.

 


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ê2009 Statutes of Nevada, Page 1930 (Chapter 370, SB 89)ê

 

of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amounts required by subsections 3, 4 and 5.

      2.  At the time of providing notice of the closure of the park, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

      3.  If the tenant chooses to move the manufactured home [, the] :

      (a) The tenant shall, within 75 days after receiving notice of the closure, notify the landlord in writing of the tenant’s election to move the manufactured home; and

      (b) The landlord shall pay to the tenant:

      [(a)] (1) The cost of moving each tenant’s manufactured home and its appurtenances to a new location in this State or another state within 100 miles from the manufactured home park; or

      [(b)] (2) If the new location is more than 100 miles from the manufactured home park, the cost of moving the manufactured home for the first 100 miles,

Ê including fees for inspection, any deposits for connecting utilities [,] and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.

      4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      5.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      6.  Written notice of any closure must be served timely on each:

      (a) Tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      (b) Prospective tenant by:

            (1) Handing each prospective tenant or his agent a copy of the written notice; and

            (2) Maintaining a copy of the written notice at the entrance of the manufactured home park.

      7.  For the purposes of this section, the fair market value of a manufactured home [and the reasonable cost of removing and disposing of a manufactured home] must be determined [by:] as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is [agreed upon] a certified appraiser and who is selected jointly by the landlord or his agent and the tenant [; or] shall make the determination.

      (b) [If the landlord and tenant cannot agree pursuant to] If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his agent and the tenant shall make the determination.

 


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ê2009 Statutes of Nevada, Page 1931 (Chapter 370, SB 89)ê

 

certified appraisers for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who [is selected for this purpose by the Division.] shall make the determination.

      8.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the [reasonable] cost of removing and disposing of a manufactured home pursuant to subsection 5.

      9.  A landlord shall not increase the rent of a tenant after notice is served on the tenant as required by subsection 6.

      10.  If a landlord begins the process of closing a manufactured home park, he shall comply with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

      11.  As used in this section, “timely” means not later than 3 days after the landlord learns of a closure.

      Sec. 80.  NRS 118B.180 is hereby amended to read as follows:

      118B.180  1.  A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to the Division and each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord offers, in writing, to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 90 days or until the landlord receives a written rejection of the offer from the tenant, whichever occurs earlier;

      (c) The landlord does not sell the lot to a person other than the tenant for 90 days after the termination of the offer required pursuant to paragraph (b) at a price or on terms that are more favorable than the price or terms offered to the tenant;

      (d) If a tenant does not exercise his option to purchase the lot pursuant to paragraph (b), the landlord pays:

            (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location in this State or another state within 100 miles from the manufactured home park; or

 


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ê2009 Statutes of Nevada, Page 1932 (Chapter 370, SB 89)ê

 

            (2) If the new location is more than 100 miles from the manufactured home park, the cost of moving the manufactured home for the first 100 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park;

      (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot; and

      (f) The landlord complies with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

      3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.

      4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      5.  If a tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 100 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      6.  Notice sent pursuant to paragraph (a) of subsection 2 or an offer to sell a manufactured home lot to a tenant required pursuant to paragraph (b) of subsection 2 does not constitute notice of termination of the tenancy.

      7.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

      8.  For the purposes of this section, the fair market value of a manufactured home [and the reasonable cost of removing and disposing of a manufactured home] must be determined [by:] as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is [agreed upon] a certified appraiser and who is selected jointly by the landlord or his agent and the tenant [; or] shall make the determination.

      (b) [If the landlord and tenant cannot agree pursuant to] If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his agent and the tenant shall make the determination.

 

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