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CHAPTER 343, SB 463

Senate Bill No. 463–Committee on Finance

 

CHAPTER 343

 

[Approved: June 1, 2013]

 

AN ACT relating to the State Judicial Department; providing for the implementation of an intermediate appellate court; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Senate Joint Resolution No. 14 of the 2011 Legislative Session proposes an amendment to the Nevada Constitution to create an intermediate appellate court, known as the Court of Appeals. If the Resolution is approved by the Legislature during the 2013 Legislative Session and ratified by the voters at the 2014 election, the Court of Appeals will consist of three judges, but the Legislature may by law increase the number of judges. The initial three judges must be appointed by the Governor from among three nominees for each seat chosen by the Commission on Judicial Selection. These initial judges will be appointed for a term of 2 years beginning on the first Monday of January of the year following the effective date of the constitutional amendment. After the initial terms, the judges of the Court of Appeals will be elected at the general election to serve a term of 6 years.

      The Court of Appeals will have appellate jurisdiction in civil cases arising in district courts and in criminal cases within the original jurisdiction of the district courts. The Nevada Supreme Court must fix the jurisdiction of the Court of Appeals by rule and provide for the review of appeals decided by the Court of Appeals. In addition, the Nevada Supreme Court must provide by rule for the assignment of one or more judges of the Court of Appeals to devote a part of their time to serve as supplemental district judges, where needed.

      This bill provides for the implementation of the Court of Appeals pursuant to the provisions of Senate Joint Resolution No. 14 of the 2011 Legislative Session.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 1 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2. The Court of Appeals shall consist of a Chief Judge and two associate judges. Each judge of the Court of Appeals hereafter elected or appointed must be commissioned by the Governor and, before entering upon the discharge of duties, shall take the constitutional oath of office.

      Sec. 3. 1.  A person may not be a candidate or be eligible for the office of judge of the Court of Appeals unless the person:

      (a) Has attained the age of 25 years.

      (b) Is an attorney licensed and admitted to practice law in the courts of this State at the time of the election or appointment.

      (c) Has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 15 years at any time preceding the election or appointment, at least 2 years of which have been in this State.

 


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      (d) Is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.

      (e) Has not ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.

      2.  For the purposes of this section, a person is eligible to be a candidate for the office of judge of the Court of Appeals if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

      Sec. 4. Except as otherwise provided in section 5 of this act, the judges of the Court of Appeals must be chosen at general elections by the qualified electors of this State. Except as otherwise provided in section 5 of this act, each judge holds office for a term of 6 years from and including the first Monday of January next after the election.

      Sec. 5. 1.  The initial three judges of the Court of Appeals must be appointed by the Governor from among three nominees selected for each individual office by the Commission on Judicial Selection pursuant to Section 20 of Article 6 of the Nevada Constitution within 30 days after the Commission delivers to the Governor its list of nominees.

      2.  If the Governor has not made the appointments required by subsection 1 within the 30-day time period, the Governor shall not make any other appointment to any public office until he or she has appointed a judge from the list submitted pursuant to subsection 1.

      3.  The judges appointed pursuant to this section shall serve a term of 2 years beginning on the first Monday in January 2015.

      Sec. 6. The Chief Justice of the Supreme Court shall appoint one judge of the Court of Appeals to be the Chief Judge.

      Sec. 7. Resignation of office by a judge of the Court of Appeals must be made to the Governor and to the Court Administrator. The Governor shall notify the Court Administrator as soon as practicable upon his or her acceptance of the resignation or retirement of a judge of the Court of Appeals.

      Sec. 8. When any vacancy occurs in the office of judge of the Court of Appeals, the Governor shall fill the same by granting a commission, which expires at the next general election by the people and upon the qualification of his or her successor, at which election a judge must be chosen for the balance of the unexpired term.

      Sec. 9. 1.  The annual base salary of each judge of the Court of Appeals is $165,000.

      2.  A judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court, or any combination thereof, for at least 4 years is entitled to an additional salary of 2 percent of his or her annual base salary for each year of service. The additional salary must not exceed 22 percent of his or her annual base salary.

      3.  The salary provided for in this section is payable in biweekly installments as other state officers are paid.

      Sec. 10. The judges of the Court of Appeals shall also serve as ex officio supplemental district judges, and in that capacity shall perform such judicial duties as may be designated in the rules adopted by the Supreme Court, Section 3A of Article 6 of the Nevada Constitution.

 


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      Sec. 11. 1.  Any judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any judge of the Court of Appeals who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any judge who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the judge is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court, the Court of Appeals or the Supreme Court.

      8.  The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect any judge who may have ended his or her service pursuant to it.

      Sec. 12. 1.  A judge of the Court of Appeals who has served as a justice of the Supreme Court, judge of the Court of Appeals or judge of a district court in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of office may retire from office regardless of age.

 


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      2.  Any judge who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to Section 21 of Article 6 of the Nevada Constitution is entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, the same pension the judge would receive under section 11 of this act based on his or her years of service, but without regard to his or her age.

      3.  Any judge, or a guardian of a judge on behalf of the judge if the judge is unable to act, who desires to retire voluntarily must give notice in writing to the Governor. The Governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the judge and report the results to the Governor in writing. If a majority of the physicians is of the opinion that the judge is permanently incapacitated, physically or mentally, the Governor shall approve the retirement. The judge or a guardian of the judge must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact of the judge’s retirement and the years he or she has served in any or all of such courts.

      4.  Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under section 11 of this act. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds from the Judicial Retirement Administrative Fund established pursuant to NRS 1A.200.

      5.  The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any judge who may have retired or been retired pursuant to its provisions.

      Sec. 13. 1.  If a judge of the Court of Appeals at the time of his or her death had retired and was then receiving a pension under the provisions of section 11 of this act, or if at the time of his or her death the judge had not retired but had performed sufficient service for retirement under the provisions of section 11 of this act, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until the spouse’s death or remarriage, to receive monthly payments of $2,500 per month.

      2.  If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, the spouse is entitled, until the spouse’s death or remarriage or until the spouse becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the Public Employees’ Retirement System.

      3.  To obtain these benefits, the surviving spouse must make application to the Executive Officer of the Public Employees’ Retirement Board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

      4.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      5.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.

 


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      Sec. 14. 1.  Each child of a deceased judge of the Court of Appeals is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the Public Employees’ Retirement System.

      2.  In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the Executive Officer of the Public Employees’ Retirement Board shall use any applicable standards and procedures established by the Public Employees’ Retirement Board.

      3.  It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.

      Sec. 15. 1.  A judge of the Court of Appeals may designate, in writing, a survivor beneficiary and one or more additional payees to receive the payments provided pursuant to this section if the judge is unmarried on the date of his or her death. A designation pursuant to this section must be made on a form approved by the Court Administrator. If the judge has designated one or more payees in addition to the survivor beneficiary, the judge must designate the percentage of the payments that the survivor beneficiary and each additional payee is entitled to receive.

      2.  Except as otherwise provided in this subsection, if a judge of the Court of Appeals at the time of his or her death had retired and was then receiving a pension pursuant to the provisions of section 11 of this act, or if at the time of his or her death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of section 11 of this act, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his or her death, to receive monthly payments of $2,500 per month. If the judge had designated one or more payees in addition to the survivor beneficiary pursuant to subsection 1, the monthly payments paid pursuant to this subsection must be divided between the survivor beneficiary and any additional payee in the proportion designated by the judge pursuant to subsection 1.

      3.  Except as otherwise provided in this subsection, if a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 2, the survivor beneficiary is entitled, until his or her death or until he or she becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.67675 for the survivor beneficiary of a deceased member of the Public Employees’ Retirement System. If the judge had designated one or more payees in addition to the survivor beneficiary pursuant to subsection 1, the payments paid pursuant to this subsection must be divided between the survivor beneficiary and any additional payee in the proportion designated by the judge pursuant to subsection 1.

      4.  To obtain the benefits authorized by subsection 3, the survivor beneficiary must make application to the Executive Officer of the Public Employees’ Retirement Board and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

 


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      5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired pursuant to the Public Employees’ Retirement System.

      6.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to the Judicial Retirement Fund established pursuant to NRS 1A.160.

      Sec. 16. The provisions of sections 11 to 16, inclusive, of this act:

      1.  Apply only to a judge of the Court of Appeals or a surviving spouse or surviving child of a judge of the Court of Appeals who served as a justice of the Supreme Court or district judge before November 5, 2002;

      2.  Are administered by the Public Employees’ Retirement Board pursuant to NRS 1A.100; and

      3.  Are part of the Judicial Retirement System established pursuant to NRS 1A.100.

      Sec. 17. The Supreme Court shall fix by rule the jurisdiction of the Court of Appeals and shall provide for the review, where appropriate, of appeals decided by the Court of Appeals.

      Sec. 18. The Court of Appeals may reverse, affirm or modify the judgment or order appealed from as to any or all of the parties, and may, if necessary, order a new trial, and in a criminal action, order the new trial to be had in the proper place. On a direct appeal from an order in a civil action granting a motion to change the place of trial of an action or refusing to change the place of trial, the Court may affirm or reverse the order and order the trial to be had in the proper place. An order in a civil action changing or refusing to change the place of trial must not be appealed from on an appeal from a judgment, but only on direct appeal from the order changing or refusing to change the place of trial. When the judgment or order appealed from is reversed or modified, this Court may make, or direct the inferior court to make, complete restoration of all property and rights lost by the erroneous judgment or order.

      Sec. 19. The Court of Appeals shall:

      1.  Hold such regular sessions during each calendar year as are necessary to dispose of its business.

      2.  Always be open for the issuance of writs.

      Sec. 20. 1.  Immediately upon a case being submitted to the Court of Appeals it must be assigned to one member of the court for the preparation of an opinion.

      2.  All opinions and decisions rendered by the Court of Appeals must be in writing, signed by the judges concurring therein, and must be spread at large on the records of the Court kept for that purpose.

      Sec. 21. A judge of the Court of Appeals shall not act as attorney or counsel in any court except in an action or proceeding to which the judge is a party on the record.

      Sec. 22. A judge of the Court of Appeals shall not absent himself or herself from this State for more than 90 consecutive days. A violation of the provisions of this section shall work a forfeiture of office.

      Sec. 23. The judges of the Court of Appeals have power in any part of the State to take and certify:

      1.  The acknowledgment of conveyances and the satisfaction of a judgment of any court.

 


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      2.  An affidavit to be used in any court of justice in this State.

      Sec. 24. 1.  Each judge of the Court of Appeals may use a facsimile signature produced through a mechanical device in place of the judge’s handwritten signature whenever the necessity arises and upon approval of the Court of Appeals, subject to the following conditions:

      (a) That the mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      (b) That the use of the facsimile signature may be made only under the direction and supervision of the justice whose signature it represents.

      (c) That the entire mechanical device must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.

      2.  No facsimile signature produced through a mechanical device authorized by the provisions of this section may be combined with the signature of another officer.

      Sec. 25. The Bailiff of the Supreme Court is ex officio bailiff of the Court of Appeals.

      Sec. 26. The Clerk of the Supreme Court is ex officio clerk of the Court of Appeals.

      Sec. 27. The Court of Appeals, or a majority thereof, is authorized to employ stenographic clerks, law clerks, legal assistants, legal secretaries and other necessary employees within the limits of the appropriation made for the support of the Court of Appeals.

      Sec. 28. NRS 1.010 is hereby amended to read as follows:

      1.010  The following shall be the courts of justice for this State:

      1.  The Supreme Court.

      2.  The Court of Appeals.

      3.  The district courts.

      [3.]4.  Justice courts.

      [4.]5.  Such municipal courts as may from time to time be established by the Legislature in incorporated cities or towns.

      Sec. 29. NRS 1.020 is hereby amended to read as follows:

      1.020  The following courts are courts of record:

      1.  The Supreme Court;

      2.  The Court of Appeals;

      3.  The district courts;

      [3.]4.  The Justice courts; and

      [4.]5.  The municipal courts:

      (a) In any case in which a jury trial is required; or

      (b) If so designated pursuant to NRS 5.010.

      Sec. 30. NRS 1.115 is hereby amended to read as follows:

      1.115  1.  Except as otherwise provided in this section, each court of justice for this State shall recycle or cause to be recycled the paper and paper products it uses. This subsection does not apply to confidential documents if there is an additional cost for recycling those documents.

      2.  A court of justice may apply for a waiver from the requirements of subsection 1. For such a waiver, the Supreme Court or the Court of Appeals must apply to the Interim Finance Committee, a district court or a justice court must apply to the board of county commissioners of the county in which it is located and a municipal court must apply to the governing body of the city in which it is located. A waiver must be granted if it is determined that the cost to recycle or cause to be recycled the paper and paper products used by the court is unreasonable and would place an undue burden on the operations of the court.

 


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paper and paper products used by the court is unreasonable and would place an undue burden on the operations of the court.

      3.  The Court Administrator shall, after consulting with the State Department of Conservation and Natural Resources, prescribe the procedure for the disposition of the paper and paper products to be recycled. The Court Administrator may prescribe a procedure for the recycling of other waste materials produced on the premises of the court building.

      4.  Any money received by a court of justice for recycling or causing to be recycled the paper and paper products it uses must be paid by the clerk of that court to the State Treasurer for credit to the State General Fund.

      5.  As used in this section:

      (a) “Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b) “Paper product” means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      Sec. 31. NRS 1.140 is hereby amended to read as follows:

      1.140  The Supreme Court, the Court of Appeals, the district courts, the justice courts and those municipal courts designated as courts of record pursuant to NRS 5.010 shall have a seal.

      Sec. 32. NRS 1.225 is hereby amended to read as follows:

      1.225  1.  A justice of the Supreme Court or a judge of the Court of Appeals shall not act as such in an action or proceeding when the justice or the judge entertains actual bias or prejudice for or against one of the parties to the action.

      2.  A justice of the Supreme Court or a judge of the Court of Appeals shall not act as such in an action or proceeding when implied bias exists in any of the following respects:

      (a) When the justice or the judge is a party to or interested in the action or proceeding.

      (b) When the justice or the judge is related to either party by consanguinity or affinity within the third degree.

      (c) When the justice or the judge has been attorney or counsel for either of the parties in the particular action or proceeding before the court.

      (d) When the justice or the judge is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.

      3.  A justice of the Supreme Court [,] or a judge of the Court of Appeals, upon [the justice’s] his or her own motion, may disqualify himself or herself from acting in any matter upon the ground of actual or implied bias.

      4.  Any party to an action or proceeding seeking to disqualify a justice of the Supreme Court or a judge of the Court of Appeals for actual or implied bias shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before the other justices of the Supreme Court [.] or, if the charge concerns a judge of the Court of Appeals, the justices of the Supreme Court.

 


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      5.  Upon the disqualification of [a] :

      (a) A justice of the Supreme Court pursuant to this section, a judge of the Court of Appeals or a district judge shall be designated to sit in place of the justice as provided in Section 4 of Article 6 of the Constitution of the State of Nevada.

      (b) A judge of the Court of Appeals pursuant to this section, a district judge shall be designated to sit in place of the judge as provided in Section 4 of Article 6 of the Nevada Constitution.

      6.  No person shall be punished for contempt for making, filing or presenting a charge for disqualification pursuant to subsection 4.

      Sec. 33. NRS 1.235 is hereby amended to read as follows:

      1.235  1.  Any party to an action or proceeding pending in any court other than the Supreme Court [,] or the Court of Appeals, who seeks to disqualify a judge for actual or implied bias or prejudice must file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as otherwise provided in subsections 2 and 3, the affidavit must be filed:

      (a) Not less than 20 days before the date set for trial or hearing of the case; or

      (b) Not less than 3 days before the date set for the hearing of any pretrial matter.

      2.  Except as otherwise provided in this subsection and subsection 3, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:

      (a) Within 10 days after the party or the party’s attorney is notified that the case has been assigned to a judge;

      (b) Before the hearing of any pretrial matter; or

      (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,

Ê whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before the party is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.

      3.  If a case is reassigned to a new judge and the time for filing the affidavit under subsection 1 and paragraph (a) of subsection 2 has expired, the parties have 10 days after notice of the new assignment within which to file the affidavit, and the trial or hearing of the case must be rescheduled for a date after the expiration of the 10-day period unless the parties stipulate to an earlier date.

      4.  At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at the judge’s chambers with some person of suitable age and discretion employed therein.

      5.  The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

      (a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or

 


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      (b) File a written answer with the clerk of the court within 5 judicial days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of the judge’s disqualification. The question of the judge’s disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:

             (1) By the presiding judge of the judicial district in judicial districts having more than one judge, or if the presiding judge of the judicial district is sought to be disqualified, by the judge having the greatest number of years of service.

             (2) By the Supreme Court in judicial districts having only one judge.

      Sec. 34. NRS 1.365 is hereby amended to read as follows:

      1.365  1.  All of the following claims must be submitted to the Executive Officer of the Public Employees’ Retirement Board who shall process the claims:

      (a) Claims of justices of the Supreme Court pursuant to NRS 2.060.

      (b) Claims of judges of the Court of Appeals pursuant to section 11 of this act.

      (c) Claims pursuant to sections 13 and 15 of this act.

      (d) Claims pursuant to NRS 2.070 and 2.079.

      [(c)](e) Claims of judges of the district courts pursuant to NRS 3.090.

      [(d)](f) Claims pursuant to NRS 3.095 and 3.098.

      2.  The following claims must be submitted to the Court Administrator, who shall act as Administrative Officer in processing the claims:

      (a) Claims of justices of the Supreme Court under NRS 2.050.

      (b) Claims of judges of the Court of Appeals under section 9 of this act.

      (c) Claims of judges of the district courts under NRS 3.030.

      Sec. 35. NRS 1.428 is hereby amended to read as follows:

      1.428  “Judge” means:

      1.  A justice of the Supreme Court;

      2.  A judge of the Court of Appeals;

      3.  A judge of the district court;

      [3.]4.  A judge of the municipal court;

      [4.]5.  A justice of the peace; and

      [5.]6.  Any other officer of the Judicial Branch of this State, whether or not the officer is an attorney, who presides over judicial proceedings, including, but not limited to, a magistrate, court commissioner, special master or referee.

      Sec. 36. NRS 1.4675 is hereby amended to read as follows:

      1.4675  1.  The Commission shall suspend a judge from the exercise of office with salary:

      (a) While there is pending an indictment or information charging the judge with a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States; or

      (b) When the judge has been adjudged mentally incompetent or insane.

      2.  The Commission may suspend a judge from the exercise of office without salary if the judge:

      (a) Pleads guilty, guilty but mentally ill or no contest to a charge of; or

      (b) Is found guilty or guilty but mentally ill of,

 


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Ê a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States. If the conviction is later reversed, the judge must be paid his or her salary for the period of suspension.

      3.  In addition to the grounds set forth in subsection 2, the Commission may suspend a judge from the exercise of office without salary if the Commission determines that the judge:

      (a) Has committed serious and repeated willful misconduct;

      (b) Has willfully or persistently failed to perform the duties of office; or

      (c) Is habitually intemperate,

Ê and the Commission determines that the circumstances surrounding such conduct, including, without limitation, any mitigating factors, merit disciplinary action more severe than censure but less severe than removal.

      4.  During any stage of a disciplinary proceeding, the Commission may suspend the judge from the exercise of office with salary pending a final disposition of the complaint if the Commission determines, by a preponderance of the evidence, that the judge poses a substantial threat of serious harm to the public or to the administration of justice.

      5.  The Commission shall give the judge 7 days’ notice of its intention to suspend the judge pursuant to this section and shall give the judge an opportunity to respond. The Commission shall hold a public hearing before ordering such a suspension, unless the judge waives the right to the hearing. The decision of the Commission must be made public.

      6.  A judge suspended pursuant to this section may appeal the suspension to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution. If a judge appeals such a suspension:

      (a) The standard of review for such an appeal is an abuse of discretion standard; and

      (b) The proceedings held at the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court concerning the suspension must be open to the public.

      7.  Within 60 days after a decision by the Commission to suspend a judge pursuant to this section, the Commission shall:

      (a) Have a formal statement of charges filed against the judge;

      (b) Rescind the suspension; or

      (c) Enter into a deferred discipline agreement with the judge pursuant to NRS 1.468.

      8.  The Commission may suspend a judge pursuant to this section only in accordance with its procedural rules.

      Sec. 37. NRS 1A.030 is hereby amended to read as follows:

      1A.030  1.  “Compensation” means the salary paid to a justice of the Supreme Court [or] , a judge of the Court of Appeals or a district judge by this State, to a justice of the peace by a county or to a municipal judge by a city, including:

      (a) Base pay, which is the monthly rate of pay excluding all fringe benefits;

      (b) Additional payment for longevity; and

      (c) Payment for extra duty assignments if it is the standard practice of this State, the county or the city to include such pay in the employment contract or official job description for the calendar year in which it is paid and such pay is specifically included in the justice’s or judge’s employment contract or official job description.

 


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      2.  The term does not include any type of payment not specifically described in this section.

      Sec. 38. NRS 1A.040 is hereby amended to read as follows:

      1A.040  “Disability retirement allowance” means monthly payments from the Judicial Retirement Fund paid to persons with disabilities who are retired justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.

      Sec. 39.  NRS 1A.060 is hereby amended to read as follows:

      1A.060  “Retired justice or judge” means a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge who was a member of the Judicial Retirement Plan at the time he or she retired or a justice of the Supreme Court , judge of the Court of Appeals or district judge who decides, pursuant to NRS 1A.270 or 1A.280, to receive benefits for retirement pursuant to the Judicial Retirement Plan.

      Sec. 40. NRS 1A.070 is hereby amended to read as follows:

      1A.070  “Service” means all creditable employment which is validated pursuant to the provisions of this chapter and can be used in determining eligibility and scope of benefits for justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.

      Sec. 41. NRS 1A.080 is hereby amended to read as follows:

      1A.080  “Service retirement allowance” means monthly payments from the Judicial Retirement Fund paid to a retired justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge pursuant to the Judicial Retirement Plan for the remainder of his or her life.

      Sec. 42. NRS 1A.100 is hereby amended to read as follows:

      1A.100  1.  A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court , judges of the Court of Appeals and district judges, and certain justices of the peace and municipal judges, and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.

      2.  The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, and sections 11 to 16, inclusive, of this act for providing benefits to justices of the Supreme Court , judges of the Court of Appeals or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court , judge of the Court of Appeals or district judge who is not a member of the Public Employees’ Retirement System is a member of the Judicial Retirement System.

      3.  The official correspondence and records, other than the files of individual members of the System or retired justices or judges, and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection.

      4.  The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.

 


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      Sec. 43. NRS 1A.110 is hereby amended to read as follows:

      1A.110  All records maintained for a member of the System, retired justice or judge, justice of the Supreme Court , judge of the Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive, or sections 11 to 16, inclusive, of this act or the beneficiary of any of them may be reviewed and copied only by the System, the member, the Court Administrator, the board of county commissioners if the records concern a justice of the peace or retired justice of the peace whom the board of county commissioners allowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the city council if the records concern a municipal judge or retired municipal judge whom the city council allowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the spouse of the member, or the retired justice or judge or his or her spouse, or pursuant to a court order, or by a beneficiary after the death of the justice or judge on whose account benefits are received pursuant to the System. Any member, retired justice or judge, justice of the Supreme Court , judge of the Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive, or sections 11 to 16, inclusive, of this act or beneficiary may submit a written waiver to the System authorizing his or her representative to review or copy all such records.

      Sec. 44. NRS 1A.130 is hereby amended to read as follows:

      1A.130  1.  Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the System on forms approved by the Executive Officer of the Board. The form must not be deemed filed unless it contains:

      (a) The member of the Judicial Retirement Plan’s selection of the retirement plan contained in NRS 1A.440 or one of the optional plans provided in NRS 1A.450;

      (b) A notarized statement of the marital status of the member of the Judicial Retirement Plan; and

      (c) If the member of the System is married, a statement of the spouse’s consent or objection to the chosen retirement plan, signed by the spouse and notarized.

      2.  Except as otherwise required by NRS 1A.390, retirement becomes effective on whichever of the following days is the later:

      (a) The day immediately following the applicant’s last day of employment;

      (b) The day the completed application form is filed with the System;

      (c) The day immediately following the applicant’s last day of creditable service; or

      (d) The effective date of retirement specified on the application form.

      3.  The selection of a retirement plan by a member of the Judicial Retirement Plan and consent or objection to that plan by the spouse pursuant to this section does not affect the responsibility of the member concerning the rights of any present or former spouse.

      4.  The System is not liable for any damages resulting from the false designation of marital status by a member of the System or a retired justice or judge, or a justice of the Supreme Court , judge of the Court of Appeals or district judge who retires pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive [.] , or sections 11 to 16, inclusive, of this act.

 


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ê2013 Statutes of Nevada, Page 1716 (Chapter 343, SB 463)ê

 

      Sec. 45. NRS 1A.140 is hereby amended to read as follows:

      1A.140  Any person convicted of the murder or voluntary manslaughter of a member of the System is ineligible to receive any benefit conferred by any provision of this chapter or NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive, or sections 11 to 16, inclusive, of this act by reason of the death of that member. The System may withhold the payment of any benefit otherwise payable under this chapter by reason of the death of any member of the System from any person charged with the murder or voluntary manslaughter of that member, pending final determination of those charges.

      Sec. 46. NRS 1A.160 is hereby amended to read as follows:

      1A.160  1.  The Judicial Retirement Fund is hereby established as a trust fund.

      2.  It is hereby declared to be the policy of the Legislature that the Judicial Retirement Fund is established to afford a degree of security to long-time justices of the Supreme Court, judges of the Court of Appeals, district judges, justices of the peace and municipal judges in this State. The money in the Fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive [.] , or sections 11 to 16, inclusive, of this act. The Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.

      3.  All money appropriated by the Legislature to the Judicial Retirement Fund, all money submitted to the System for deposit in the Fund pursuant to NRS 1A.180 and all income accruing to the Fund from all other sources must be deposited in the Fund.

      4.  The interest and income earned on the money in the Judicial Retirement Fund, after deducting any applicable charges, must be credited to the Fund.

      5.  The System must pay all retirement allowances, benefits, optional settlements and other obligations or payments payable by the System pursuant to this chapter and NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, and sections 11 to 16, inclusive, of this act from the Judicial Retirement Fund. The money in the Fund must be expended by the Board for the payment of expenses authorized by law to be paid from the Fund.

      Sec. 47. NRS 1A.180 is hereby amended to read as follows:

      1A.180  1.  The Court Administrator shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the Supreme Court , judge of the Court of Appeals or district judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

      (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the Court Administrator. The compensation must be reported separately for each month that it is paid.

      2.  The State of Nevada shall make an appropriation to the Court Administrator and the Court Administrator shall pay to the System for deposit in the Judicial Retirement Fund from any fund created for the purpose of paying pension benefits to justices of the Supreme Court , judges of the Court of Appeals or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the Supreme Court , judges of the Court of Appeals and district judges for which the System will be liable.

 


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ê2013 Statutes of Nevada, Page 1717 (Chapter 343, SB 463)ê

 

deposit in the Judicial Retirement Fund from any fund created for the purpose of paying pension benefits to justices of the Supreme Court , judges of the Court of Appeals or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the Supreme Court , judges of the Court of Appeals and district judges for which the System will be liable.

      3.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the peace or municipal judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

      (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the county or city. The compensation must be reported separately for each month that it is paid.

      4.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall pay to the System for deposit in the Judicial Retirement Fund an amount as the contribution of the county or city as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the peace and municipal judges for which the System will be liable.

      5.  Except as otherwise provided in this subsection, the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan must be adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report. The adjusted rate must be rounded to the nearest one-quarter of 1 percent. The total contribution rate must not be adjusted pursuant to this subsection if the existing rate is within one-half of 1 percent of the actuarially determined rate.

      Sec. 48. NRS 1A.220 is hereby amended to read as follows:

      1A.220  1.  The Board, subject to the limitations of this chapter, is responsible for managing the System.

      2.  The Board shall:

      (a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formulas prepared and recommended by the actuary;

      (b) Provide for a biennial audit of the System, including, without limitation, the Judicial Retirement Administrative Fund, by an independent certified public accountant; and

      (c) Provide an annual report concerning the System established pursuant to this chapter to the Court Administrator, each board of county commissioners that allows justices of the peace to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, each city council that allows municipal judges to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the Governor and each member of the Legislature, and make the report available to all members of the System upon request.

 


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ê2013 Statutes of Nevada, Page 1718 (Chapter 343, SB 463)ê

 

commissioners that allows justices of the peace to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, each city council that allows municipal judges to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the Governor and each member of the Legislature, and make the report available to all members of the System upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).

      3.  The Board may:

      (a) Adjust the service or correct the records, allowance or benefits of any member of the System, retired justice or judge or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

      (b) Examine and copy personnel and financial records of:

             (1) A justice of the Supreme Court , judge of the Court of Appeals or district judge that are maintained by the Court Administrator;

             (2) A justice of the peace who participates in the Judicial Retirement Plan pursuant to NRS 1A.285 that are maintained by a county; and

             (3) A municipal judge who participates in the Judicial Retirement Plan pursuant to NRS 1A.285 that are maintained by a city.

      (c) Require an annual notarized statement from a retired justice or judge or beneficiary that he or she is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he or she fails to provide the statement.

      4.  As used in this section, “error or inequity” means the existence of extenuating circumstances, including, without limitation, a member’s reasonable and detrimental reliance on representations made by the System which prove to be erroneous, or the mental incapacity of the member.

      Sec. 49. NRS 1A.250 is hereby amended to read as follows:

      1A.250  Except as specifically provided in this chapter, the accounts of members of the System and recipients of benefits of the System must be administered in accordance with the provisions of chapter 286 of NRS as if the justice of the Supreme Court, the judge of the Court of Appeals, the district judge, the justice of the peace or the municipal judge were or had been a member of the Public Employees’ Retirement System.

      Sec. 50. NRS 1A.260 is hereby amended to read as follows:

      1A.260  1.  No person may become a member of the System unless the person is a justice of the Supreme Court , a judge of the Court of Appeals or a district judge, or a justice of the peace or municipal judge who is allowed and elects to participate in the Judicial Retirement Plan pursuant to NRS 1A.285.

      2.  Except as otherwise provided in NRS 1A.370, persons retired under the provisions of this chapter who are employed as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, are not eligible to become members of the System.

      Sec. 51. NRS 1A.270 is hereby amended to read as follows:

      1A.270  1.  Each justice of the Supreme Court , judge of the Court of Appeals or district judge who is elected or appointed as a justice of the Supreme Court , a judge of the Court of Appeals or a district judge on or after November 5, 2002, who takes office on or after January 1, 2003, and who previously has not served as either a justice of the Supreme Court , a judge of the Court of Appeals or a district judge must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan, unless the justice or judge is a member of the Public Employees’ Retirement System.

 


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ê2013 Statutes of Nevada, Page 1719 (Chapter 343, SB 463)ê

 

who previously has not served as either a justice of the Supreme Court , a judge of the Court of Appeals or a district judge must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan, unless the justice or judge is a member of the Public Employees’ Retirement System. If the justice or judge is a member of the Public Employees’ Retirement System, he or she will remain a member unless he or she withdraws from the Public Employees’ Retirement System pursuant to NRS 1A.280, if eligible to do so.

      2.  Each justice of the Supreme Court , judge of the Court of Appeals or district judge who is elected or appointed as a justice of the Supreme Court , judge of the Court of Appeals or district judge on or after November 5, 2002, and who previously has served as either a justice of the Supreme Court or a district judge and each justice of the Supreme Court or district judge who is serving as a justice of the Supreme Court or district judge on November 5, 2002, must receive benefits for retirement, benefits for disability and survivor benefits pursuant to : [either:]

      (a) NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive, as those sections existed on November 5, 2002, if eligible to receive such benefits under such provisions;

      (b) Sections 11 to 16, inclusive, of this act, if eligible to receive such benefits under such provisions; or

      [(b)](c) The Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan,

Ê whichever is most beneficial to the justice or judge or his or her survivor, as determined by the justice or judge at the time of retirement or the time at which the justice or judge becomes disabled, or as determined by his or her survivor at the time of his or her death, unless the justice or judge is a member of the Public Employees’ Retirement System. If the justice or judge is a member of the Public Employees’ Retirement System, the justice or judge will remain a member unless the justice or judge withdraws from the Public Employees’ Retirement System pursuant to NRS 1A.280, if eligible to do so. A survivor may not change a determination that affects the survivor and which was made by a justice or judge pursuant to this section while the justice or judge was alive.

      3.  A determination made pursuant to subsection 2 is final and if a justice or judge or the survivor of the justice or judge determines pursuant to subsection 2:

      (a) To receive benefits pursuant to the Judicial Retirement Plan, the justice, judge or survivor may not receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive [;] , or sections 11 to 16, inclusive, of this act; or

      (b) To receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive, or sections 11 to 16, inclusive, of this act, the justice, judge or survivor may not receive benefits pursuant to the Judicial Retirement Plan.

      4.  No justice of the Supreme Court , judge of the Court of Appeals or district judge or survivor of a justice of the Supreme Court , judge of the Court of Appeals or district judge may receive benefits under both this chapter and:

      (a) NRS 2.060 to 2.083, inclusive; [or]

      (b) Sections 11 to 16, inclusive, of this act; or

 


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ê2013 Statutes of Nevada, Page 1720 (Chapter 343, SB 463)ê

 

      (c) NRS 3.090 to 3.099, inclusive.

      5.  A justice of the Supreme Court , judge of the Court of Appeals or district judge or a survivor of a justice of the Supreme Court , judge of the Court of Appeals or district judge who is receiving retirement allowances pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, on January 1, 2003, is not eligible for transfer to the Judicial Retirement Plan.

      Sec. 52. NRS 1A.280 is hereby amended to read as follows:

      1A.280  1.  A person who is elected or appointed as a justice of the Supreme Court , judge of the Court of Appeals or district judge on or after November 5, 2002, and takes office on or after January 1, 2003, and who is a member of the Public Employees’ Retirement System established pursuant to chapter 286 of NRS on the date that he or she is elected or appointed may withdraw from the Public Employees’ Retirement System and become a member of the Judicial Retirement Plan if the justice or judge gives written notice to the Board of his or her intention to withdraw from the Public Employees’ Retirement System and to become a member of the Judicial Retirement Plan. Such notice must be given to the Board within the time set forth in subsection 3 and must be given the first time that the justice or judge is elected or appointed while he or she is a member of the Public Employees’ Retirement System.

      2.  A justice or judge may not become a member of the Judicial Retirement Plan pursuant to subsection 1 if the justice or judge has previously been elected or appointed on or after November 5, 2002, and taken office on or after January 1, 2003, while the justice or judge was a member of the Public Employees’ Retirement System and the justice or judge did not give notice of his or her intention to withdraw from the Public Employees’ Retirement System and to become a member of the Judicial Retirement Plan in the manner set forth in this section.

      3.  Written notice given pursuant to subsection 1 must be received by the Board:

      (a) If the justice or judge is elected, by March 31 of the year immediately following the year in which he or she was elected; or

      (b) If the justice or judge is appointed, within 90 days after his or her appointment.

      4.  If the Board receives notice pursuant to this section that a justice or judge intends to withdraw from the Public Employees’ Retirement System, it shall transfer from the Public Employees’ Retirement Fund to the Judicial Retirement Plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the Public Employees’ Retirement System as determined by an actuary of the Judicial Retirement System. The service so transferred must be accredited under the Judicial Retirement Plan as if performed in the Public Employees’ Retirement System.

      5.  If the Board does not receive written notice that a justice or judge intends to withdraw from the Public Employees’ Retirement System pursuant to subsection 3, the justice or judge will remain a member of the Public Employees’ Retirement System.

      6.  A justice or judge who exercises the option granted by this section may not re-establish the service for which the liabilities were transferred.

      7.  No justice of the Supreme Court , judge of the Court of Appeals or district judge or survivor of a justice of the Supreme Court , judge of the Court of Appeals or district judge may receive benefits under both this chapter and chapter 286 of NRS.

 


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ê2013 Statutes of Nevada, Page 1721 (Chapter 343, SB 463)ê

 

      8.  A justice of the Supreme Court , judge of the Court of Appeals or district judge or survivor of a justice of the Supreme Court , judge of the Court of Appeals or district judge who is receiving a retirement allowance from the Public Employees’ Retirement System on January 1, 2003, is not eligible for transfer to the Judicial Retirement Plan.

      Sec. 53. NRS 1A.290 is hereby amended to read as follows:

      1A.290  1.  Membership of a justice of the Supreme Court , a judge of the Court of Appeals or a district judge in the System terminates upon:

      (a) The death of the member;

      (b) Receipt of retirement allowances by the member of the Judicial Retirement Plan or retirement benefits pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive [;] , or sections 11 to 16, inclusive, of this act; or

      (c) Receipt of disability allowances by the member of the Judicial Retirement Plan or disability benefits pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive [.] , or sections 11 to 16, inclusive, of this act.

      2.  Membership of a justice of the peace or municipal judge in the System terminates upon:

      (a) The death of the member;

      (b) Receipt of retirement allowances; or

      (c) Receipt of disability allowances.

      3.  A retired justice or judge is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a retired justice or judge.

      4.  A justice of the Supreme Court , a judge of the Court of Appeals or a district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive, or sections 11 to 16, inclusive, of this act is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a justice or judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or [pursuant to NRS] 3.090 to 3.099, inclusive [.] or sections 11 to 16, inclusive, of this act.

      Sec. 54. NRS 1A.300 is hereby amended to read as follows:

      1A.300  1.  A plan under which all justices of the Supreme Court , judges of the Court of Appeals and district judges who are elected or appointed for the first time as [either] a justice of the Supreme Court , judge of the Court of Appeals or district judge on or after November 5, 2002, and who take office on or after January 1, 2003, and who withdraw from the Public Employees’ Retirement System, if eligible to do so, must receive benefits for retirement, disability and death, and under which justices of the peace and municipal judges who are allowed to participate in the plan pursuant to NRS 1A.285 may receive benefits for retirement, disability and death, is hereby established and must be known as the Judicial Retirement Plan.

      2.  Each justice of the Supreme Court , judge of the Court of Appeals or district judge elected or appointed for the first time as [either] a justice of the Supreme Court , judge of the Court of Appeals or district judge on or after November 5, 2002, and who takes office on or after January 1, 2003, and who withdraws pursuant to NRS 1A.280 from the Public Employees’ Retirement System, if eligible to do so, is a member of the Judicial Retirement Plan.

 


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ê2013 Statutes of Nevada, Page 1722 (Chapter 343, SB 463)ê

 

      3.  Each justice of the peace and municipal judge who is allowed and who elects to participate in the Judicial Retirement Plan pursuant to NRS 1A.285 is a member of the Judicial Retirement Plan.

      4.  Benefits are earned pursuant to the Judicial Retirement Plan in the manner set forth in NRS 1A.120 to 1A.150, inclusive, 1A.190, 1A.240 and 1A.310 to 1A.670, inclusive.

      Sec. 55. NRS 1A.360 is hereby amended to read as follows:

      1A.360  1.  Except as otherwise provided in subsection 4 and NRS 1A.370, if a retired justice or judge accepts employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, the retired justice or judge is disqualified from receiving any allowances under the Judicial Retirement Plan for the duration of his or her active service.

      2.  If a retired justice or judge accepts any employment other than that described in subsection 1, the justice or judge is entitled to the same allowances as a retired justice or judge who has no employment.

      3.  If a retired justice or judge who accepts employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in a judicial capacity pursuant to this section elects not to reenroll in the Judicial Retirement Plan pursuant to subsection 1 of NRS 1A.370, the Court Administrator if the retired justice or judge is a justice of the Supreme Court , a judge of the Court of Appeals or a district judge, the county if the retired justice or judge is a justice of the peace or the city if the retired justice or judge is a municipal judge, may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the Judicial Retirement Plan in an amount not to exceed the amount of the contributions that the Court Administrator, county or city would pay to the System on behalf of a participating justice or judge who is employed in a similar position.

      4.  The provisions of subsection 1 do not apply to a retired justice or judge who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System if the retired justice or judge is at least 60 years of age at the time of reemployment and the retired justice or judge accepts the employment at least 6 months after the effective date of his or her retirement pursuant to subsection 2 of NRS 1A.130.

      Sec. 56. NRS 1A.370 is hereby amended to read as follows:

      1A.370  1.  A retired justice or judge who accepts employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, may enroll in the Judicial Retirement Plan as of the effective date of that employment unless the retired justice or judge is reemployed pursuant to subsection 4 of NRS 1A.360. As of the date of enrollment:

      (a) The retired justice or judge forfeits all retirement allowances for the duration of that employment; and

      (b) Except as otherwise required as a result of NRS 1A.400 or 1A.410, if the duration of the employment is at least 6 months, the retired justice or judge gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his or her compensation and service, effective upon the termination of that employment.

 


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have a separate service retirement allowance calculated based on his or her compensation and service, effective upon the termination of that employment. If the duration of the employment is:

             (1) Less than 5 years, the additional allowance must be added to the retired justice’s or judge’s original allowance and must be under the same option and designate the same beneficiary as the original allowance; or

             (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 1A.430.

      2.  The original service retirement allowance of such a retired justice or judge must not be recalculated based upon the additional service credit, nor is the retired justice or judge entitled to any of the rights of membership that were not in effect at the time of his or her original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

      (a) NRS 1A.440; and

      (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

      3.  Except as otherwise required as a result of NRS 1A.400 or 1A.410, a retired justice or judge who has been receiving a retirement allowance pursuant to the Judicial Retirement Plan and who is reemployed and is enrolled in the Plan for at least 5 years may have his or her additional credit for service added to his or her previous credit for service. This additional credit for service must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member of the Judicial Retirement Plan who had previously retired and was reemployed and enrolled in the Plan, who qualifies for benefits pursuant to NRS 1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits based on the service accrued through the second period of employment.

      Sec. 57. NRS 1A.440 is hereby amended to read as follows:

      1A.440  Except as otherwise required as a result of NRS 1A.400 or 1A.410:

      1.  Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member of the Judicial Retirement Plan’s average compensation by 3.4091 percent for each year of service, except that a member of the Plan is entitled to a benefit of not more than 75 percent of the member’s average compensation.

      2.  For the purposes of this section, “average compensation” means the average of a member of the Plan’s 36 consecutive months of highest compensation as certified by the Court Administrator if the member is a justice of the Supreme Court , a judge of the Court of Appeals or a district judge, by the county if the member is a justice of the peace or by the city if the member is a municipal judge.

      Sec. 58. NRS 1A.470 is hereby amended to read as follows:

      1A.470  1.  In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge who retires under the conditions set forth in NRS 1A.350 and, at the time of retirement, was covered or had his or her dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, has the option of having the Executive Officer of the Board deduct and pay his or her premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his or her monthly retirement allowance until:

 


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due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his or her monthly retirement allowance until:

      (a) The justice or judge notifies the Executive Officer of the Board to discontinue the deduction; or

      (b) Any of the dependents of the justice or judge elect to assume the premium or contribution applicable to the dependent’s coverage before the death of such a retired justice or judge and continue coverage pursuant to NRS 287.023 after the justice’s or judge’s death.

      2.  The Board may adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the Board at the option of the retired justice or judge pursuant to this section.

      3.  The Executive Officer of the Board, the Board and the System are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.

      Sec. 59. NRS 1A.480 is hereby amended to read as follows:

      1A.480  1.  A member of the Judicial Retirement Plan who has 5 years or more of service credit and who becomes totally unable to perform his or her current job or any comparable job for which he or she is qualified by training and experience because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:

      (a) Except as otherwise provided in subsection 5, the member’s employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge will be terminated because of the disability;

      (b) The member is employed as a justice of the Supreme Court, a judge of the Court of Appeals, a district judge, a justice of the peace or a municipal judge at the time of application for disability retirement;

      (c) The member proves that the disability renders the member unable to perform the duties of his or her present position and of any other position the member has held within the past year;

      (d) The member files a notarized application for disability retirement with the System which indicates a selection of option and to which is attached a personal statement by the member of the Judicial Retirement Plan describing the disability, the duties which the member can and cannot perform, and any benefits the member is entitled to receive for disability from any other public source; and

      (e) The Court Administrator if the member is a justice of the Supreme Court , a judge of the Court of Appeals or a district judge, the county if the member is a justice of the peace or the city if the member is a municipal judge, files an official statement certifying the member’s employment record, record of disability, absences that have occurred because of the disability, the effect upon the work of the member after the disability, and job functions that can and cannot be performed because of the disability.

      2.  Except as otherwise required as a result of NRS 1A.410, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 1A.440, except that no reduction for the age of a member of the Judicial Retirement Plan may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:

 


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      (a) If the benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and

      (b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed the member’s average compensation.

      3.  A member of the Judicial Retirement Plan may apply for disability retirement even if the member is eligible for service retirement.

      4.  Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 1A.580 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.

      5.  If a member of the Judicial Retirement Plan whose application for disability retirement has been:

      (a) Approved dies before his or her employment is terminated, but within 60 days after the application was approved; or

      (b) Mailed before his or her death, as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the Board has acted upon the application and the Board approves thereafter the application,

Ê the beneficiary of the member is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.

      6.  The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.

      7.  As used in this section, “public employer” has the meaning ascribed to it in NRS 286.070.

      Sec. 60. NRS 1A.510 is hereby amended to read as follows:

      1A.510  1.  Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance pursuant to NRS 1A.480 returns to employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge, the allowance must be discontinued and the member’s service credit at the time of disability retirement must be restored. The member shall retire under the same retirement plan previously selected for retirement on account of disability if the member returns to disability retirement or elects service retirement within 1 year after the member’s return to employment.

      2.  A recipient of a disability retirement allowance may be employed and continue to receive his or her allowance if the member applies to the Board for approval of the employment before the member begins to work and the Board approves the member’s application. The application must include:

      (a) A full description of the proposed employment; and

      (b) A statement written by the member of the System declaring the reasons why the proposed employment should not be found to conflict with the member’s disability.

      Sec. 61. NRS 1A.520 is hereby amended to read as follows:

      1A.520  1.  A person may submit a judgment, decree or order of a district court , the Court of Appeals or the Supreme Court of the State of Nevada relating to child support, alimony or the disposition of community property to the Executive Officer of the Board or the Executive Officer’s designee for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the System all or a portion of the allowance or benefit of a member of the Judicial Retirement Plan or a retired justice or judge.

 


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designee for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the System all or a portion of the allowance or benefit of a member of the Judicial Retirement Plan or a retired justice or judge.

      2.  The judgment, decree or order submitted to the Executive Officer of the Board or the Executive Officer’s designee must be signed by a district judge , the judges of the Court of Appeals or [by] the justices of the Supreme Court and entered and certified by the clerk of the district court or the Clerk of the Supreme Court.

      3.  The Executive Officer of the Board or the Executive Officer’s designee shall, in accordance with rules prescribed by the Board, determine whether the judgment, decree or order entitles the alternate payee to receive an allowance or benefit from the System. An alternate payee is entitled to receive an allowance or benefit from the Judicial Retirement Plan if the judgment, decree or order:

      (a) Specifies clearly the names and last known mailing addresses, if any, of the member of the Judicial Retirement Plan or retired justice or judge and the alternate payee;

      (b) Specifies clearly the amount, percentage or manner of determining the amount of the allowance or benefit of the member of the Judicial Retirement Plan or retired justice or judge that must be paid by the System to each alternate payee;

      (c) Specifically directs the System to pay an allowance or benefit to the alternate payee;

      (d) Does not require the System to provide an allowance or benefit or any option not otherwise provided under this chapter; and

      (e) Does not require the payment of an allowance or benefit to an alternate payee before the retirement of a member of the Judicial Retirement Plan.

      4.  For the purposes of this subsection, “alternate payee” means a spouse, former spouse, child or other dependent of a member of the Judicial Retirement Plan or retired justice or judge who, pursuant to a judgment, decree or order relating to child support, alimony or the disposition of community property, is entitled to receive all or a portion of the allowance or benefit of a member or retired justice or judge from the System.

      Sec. 62. NRS 1A.570 is hereby amended to read as follows:

      1A.570  1.  Except as otherwise provided in subsection 3, if a deceased member of the Judicial Retirement Plan had 2 years of creditable service in the 2 1/2 years immediately preceding the member’s death, or if the employee had 10 or more years of creditable service, certain of his or her dependents are eligible for payments as provided in NRS 1A.530 to 1A.670, inclusive. If the death of the member resulted from a mental or physical condition which required the member to leave his or her position as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after the member’s termination or commencement of leave without pay.

      2.  If the death of a member of the Judicial Retirement Plan occurs while the member is on leave of absence for further training and if the member met the requirements of subsection 1 at the time his or her leave began, certain of the member’s dependents are eligible for payments as provided in subsection 1.

 


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      3.  If the death of a member of the Judicial Retirement Plan is caused by an occupational disease or an accident arising out of and in the course of the member’s employment, no prior creditable service is required to make the member’s dependents eligible for payments pursuant to NRS 1A.530 to 1A.670, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between the member’s home and his or her principal place of employment.

      4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to NRS 1A.620.

      Sec. 63. NRS 1A.670 is hereby amended to read as follows:

      1A.670  The amount of each monthly allowance paid as specified in NRS 1A.580 to 1A.660, inclusive, must not exceed the deceased member of the Judicial Retirement Plan’s average compensation and must be reduced by the amount of any other benefit received from any source:

      1.  If that benefit was provided or purchased by the expenditure of money by this State if the deceased member was a justice of the Supreme Court , judge of the Court of Appeals or district judge, by the county if the deceased member was a justice of the peace or by the city if the deceased member was a municipal judge, except for lump-sum payments under a group insurance program; and

      2.  To the extent that the total of the allowance and the other benefit would otherwise exceed the deceased member’s average compensation.

      Sec. 64. NRS 2.060 is hereby amended to read as follows:

      2.060  1.  Any justice of the Supreme Court who has served as a justice or judge of the Court of Appeals or a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of the Court of Appeals or a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

 


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be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the justice is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court , the Court of Appeals or the Supreme Court.

      8.  Any justice who has retired and is thereafter recalled to additional active service in the court system as a senior justice is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his or her service pursuant to it.

      Sec. 65. NRS 2.065 is hereby amended to read as follows:

      2.065  1.  A justice of the Supreme Court who has served as a justice , judge of the Court of Appeals or as a district judge in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of office may retire from office regardless of age.

      2.  Any justice who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to Section 21 of Article 6 of the Constitution of the State of Nevada is entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, the same pension the justice would receive under NRS 2.060 based on his or her years of service, but without regard to his or her age.

      3.  Any justice, or a guardian of a justice on behalf of the justice if the justice is unable to act, who desires to retire voluntarily must give notice in writing to the Governor. The Governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the justice and report the results to the Governor in writing. If a majority of the physicians is of the opinion that the justice is permanently incapacitated, physically or mentally, the Governor shall approve the retirement. The justice or a guardian of the justice must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact of the justice’s retirement and the years he or she has served in either or both of such courts.

      4.  Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under NRS 2.060. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds from the Judicial Retirement Administrative Fund established pursuant to NRS 1A.200.

      5.  The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any justice who may have retired or been retired pursuant to its provisions.

      Sec. 66. NRS 2.320 is hereby amended to read as follows:

      2.320  The Clerk of the Supreme Court and the Official Reporter are ex officio reporters of decisions. Whenever any case is finally determined by the Supreme Court [,] or the Court of Appeals, the reporters of decisions shall make a synopsis of the opinion and decision of the Supreme Court or the Court of Appeals, as applicable, in the case.

 


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the Supreme Court [,] or the Court of Appeals, the reporters of decisions shall make a synopsis of the opinion and decision of the Supreme Court or the Court of Appeals, as applicable, in the case. A copy of the opinion together with the synopsis must be filed by the reporters of decisions with the State Printer.

      Sec. 67. NRS 2.340 is hereby amended to read as follows:

      2.340  1.  The State Printer shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The State Printer then shall print immediately each complete Supreme Court decision and Court of Appeals decision in pamphlet form and shall furnish the Clerk of the Supreme Court with as many pamphlet copies of each decision as the Clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his or her use and the use of the justices of the Supreme Court [.] and the judges of the Court of Appeals. Each decision must be printed and pamphlet copies returned to the Clerk of the Supreme Court within 14 days, not including the day of delivery, after the decision has been furnished to the State Printer by the Clerk of the Court. For good cause shown, the Chief Justice of the Supreme Court may extend the time within which the decision or decisions may be published.

      2.  At the time of delivering the copy of any decision to the State Printer pursuant to the provisions of NRS 2.320, which must be immediately after the decision is filed, the Clerk of the Supreme Court shall take a receipt for the decision. The receipt must set forth the date of delivery and the title and number of the case.

      Sec. 68. NRS 2.370 is hereby amended to read as follows:

      2.370  1.  The stenographic clerks of the Supreme Court shall, without additional compensation, assist the reporters of decisions in the preparation of the material for the Nevada Reports.

      2.  Immediately after the filing of any decision by the Supreme Court [,] or the Court of Appeals, the Clerk of the Supreme Court shall mail a copy of such decision to counsel upon each side of the case, which copy shall bear the certificate of such Clerk to be a full, true and correct copy of such decision.

      Sec. 69. NRS 3.090 is hereby amended to read as follows:

      3.090  1.  Any judge of the district court who has served as a justice of the Supreme Court , judge of the Court of Appeals or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any judge of the district court who has served as a justice of the Supreme Court , judge of the Court of Appeals or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

 


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ê2013 Statutes of Nevada, Page 1730 (Chapter 343, SB 463)ê

 

during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired in the Public Employees’ Retirement System.

      7.  Any judge of the district court who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that he or she is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court , the Court of Appeals or the Supreme Court.

      8.  Any judge who has retired and is thereafter recalled to additional active service in the court system as a senior judge, senior justice of the peace or senior municipal court judge is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his or her service pursuant to it.

      Sec. 70. NRS 3.092 is hereby amended to read as follows:

      3.092  1.  A district judge who has served as a district judge , a judge of the Court of Appeals or [as] a justice of the Supreme Court in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of office may retire from office regardless of age.

      2.  Any district judge who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or physical or mental disability pursuant to Section 21 of Article 6 of the Constitution of the State of Nevada is entitled to receive annually from the State of Nevada, a pension for the remainder of his or her life, the same pension the judge would receive under NRS 3.090 based on his or her years of service but without regard to his or her age.

      3.  Any judge, or a guardian of a judge on behalf of the judge if the judge is unable to act, who desires to retire voluntarily must give notice in writing to the Governor. The Governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the judge and report the results to the Governor in writing. If a majority of the physicians is of the opinion that the judge is permanently incapacitated, physically or mentally, the Governor shall approve the retirement.

 


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ê2013 Statutes of Nevada, Page 1731 (Chapter 343, SB 463)ê

 

physically or mentally, the Governor shall approve the retirement. The judge or a guardian of the judge must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact of the judge’s retirement and the years he or she has served in either or both of such courts.

      4.  Pensions payable pursuant to this section must be paid in the same manner as pensions payable under NRS 3.090. Fees and expenses of physicians appointed pursuant to this section must be paid from the Judicial Retirement Administrative Fund established pursuant to NRS 1A.200.

      5.  The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any judge who may have retired or been retired pursuant to its provisions.

      Sec. 71. NRS 6.140 is hereby amended to read as follows:

      6.140  In any county, if the district judge for any reason fails or refuses to select a grand jury when required, any interested person resident of the county may apply to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution for an order directing the selection of a grand jury. The application must be supported by affidavits setting forth the true facts as known to the applicant, and the certificate of the county clerk that a grand jury has not been selected within the time fixed or otherwise as the facts may be. The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court shall issue its order, if satisfied that a grand jury should be called, directing the county clerk to select and impanel a grand jury, according to the provisions of NRS 6.110 to 6.132, inclusive.

      Sec. 72. NRS 7.125 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

 


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corpus or other postconviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

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

      (b) The severity of the offense;

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

      (d) Other special circumstances,

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

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

      Sec. 73. NRS 18.060 is hereby amended to read as follows:

      18.060  In the following cases the costs of an appeal to the Court of Appeals or the Supreme Court shall be in the discretion of the court:

      1.  Where a new trial is ordered.

      2.  When a judgment is modified.

Ê In the event no order is made by the court relative to the costs in the two instances mentioned in this section, the party obtaining any relief shall have his or her costs.

      Sec. 74. NRS 19.0335 is hereby amended to read as follows:

      19.0335  1.  Except as otherwise provided in NRS 19.034, on the commencement of any civil action in the district court for which a filing fee is required, the clerk of court shall collect, in addition to any other fee required by law, the following fees in any action that involves more than one plaintiff and one defendant:

      (a) A fee of $30 for each additional plaintiff named in a complaint when the complaint is filed.

      (b) A fee of $30 for each additional defendant named in an answer when the answer is filed, or a fee of $30 for each additional party appearing in the action when the additional party appears in the action.

      (c) If a complaint is amended to name an additional plaintiff, a fee of $30 for each additional plaintiff named when the complaint is amended.

      2.  On or before the first Monday of each month, the clerk of court shall pay over to the county treasurer the amount of all fees collected by the clerk of the court pursuant to subsection 1. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each fee received:

      (a) Eight dollars for credit to a special account in the county general fund for the use of the district court for advanced and improved technological purposes. The special account is restricted to the use specified, the money in the special account must not be used to supplant existing budgets for maintenance and support of technology, and the balance in the special account must be carried forward at the end of each fiscal year.

 


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maintenance and support of technology, and the balance in the special account must be carried forward at the end of each fiscal year.

      (b) Seven dollars for credit to a special account in the county general fund in each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance. The county treasurer shall remit quarterly to the organization operating the program for legal services all the money received by the county treasurer from the clerk of court. The organization operating the program for legal services shall use any money received pursuant to this paragraph as follows:

             (1) Five dollars for the benefit of indigent persons in the county; and

             (2) Two dollars for the benefit of elderly persons in the county.

      (c) Ten dollars to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator for use in support and maintenance of case management systems approved by the Office of Court Administrator, for statewide technological purposes and for distribution to the courts for technological purposes. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year.

      (d) Five dollars to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator for the payment for the services of retired justices , retired judges of the Court of Appeals and retired district judges. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year.

      3.  As used in this section:

      (a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

      (b) “Technological purposes” means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

      Sec. 75. NRS 29A.020 is hereby amended to read as follows:

      29A.020  The Supreme Court , the Court of Appeals or each district court shall adopt rules providing for the setting of trials for summary proceedings and such other rules as it deems necessary to carry out the provisions of this chapter.

      Sec. 76. NRS 34.020 is hereby amended to read as follows:

      34.020  1.  This writ may be granted, on application, by the Supreme Court, the Court of Appeals, a district court, or a judge of the district court. When the writ is issued by the district court or a judge of the district court it shall be made returnable before the district court.

      2.  The writ shall be granted in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.

 


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      3.  In any case prosecuted for the violation of a statute or municipal ordinance wherein an appeal has been taken from a Justice Court or from a municipal court, and wherein the district court has passed upon the constitutionality or validity of such statute or ordinance, the writ shall be granted by the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution upon application of the State or municipality or defendant, for the purpose of reviewing the constitutionality or validity of such statute or ordinance, but in no case shall the defendant be tried again for the same offense.

      Sec. 77. NRS 34.160 is hereby amended to read as follows:

      34.160  The writ may be issued by the Supreme Court, the Court of Appeals, a district court or a judge of the district court, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled and from which the party is unlawfully precluded by such inferior tribunal, corporation, board or person. When issued by a district court or a judge of the district court it shall be made returnable before the district court.

      Sec. 78. NRS 34.330 is hereby amended to read as follows:

      34.330  The writ may be issued only by the Supreme Court , the Court of Appeals or a district court to an inferior tribunal, or to a corporation, board or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.

      Sec. 79. NRS 34.400 is hereby amended to read as follows:

      34.400  The writ must be directed to the person who has the petitioner in custody or under restraint, commanding the person to have the body of the petitioner produced before the district court , Court of Appeals or Supreme Court at a time which the judge or justice directs.

      Sec. 80. NRS 34.540 is hereby amended to read as follows:

      34.540  Any Supreme Court justice , judge of the Court of Appeals or judge, before whom any person who has been committed on a criminal charge before conviction is brought on a writ of habeas corpus, if that person is bailable, may take a recognizance from that person, as in other cases, and shall file the same in the proper court without delay. In no case where the applicant for a writ of habeas corpus has been admitted to bail and failed to appear before the Supreme Court justice, the judge of the Court of Appeals, the judge or presiding judge of the court wherein the bail was fixed may the proceedings for a writ of habeas corpus be dismissed, except upon good cause shown. Upon the failure of that person to appear, the justice, judge of the Court of Appeals, district judge or presiding judge shall cause a bench warrant to be issued and that person arrested and brought before the justice, judge or court as upon contempt.

      Sec. 81. NRS 34.560 is hereby amended to read as follows:

      34.560  1.  In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.

      2.  If a party is ordered committed to the restraint or custody of an officer from a jurisdiction outside the State of Nevada, the district judge ordering such commitment shall stay the enforcement thereof for 5 days, during which time an aggrieved party may file a notice of appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.]

 


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during which time an aggrieved party may file a notice of appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution.

      3.  Upon the filing of a notice of appeal as provided in subsection 2, the enforcement of such order of commitment shall be stayed during the pendency of the appeal.

      4.  During any period of stay as provided in this section, the local officer having custody of such party shall retain custody thereof.

      Sec. 82. NRS 34.575 is hereby amended to read as follows:

      34.575  1.  An applicant who, after conviction or while no criminal action is pending against the applicant, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order and judgment of the district court, but the appeal must be made within 30 days after service by the court of written notice of entry of the order or judgment.

      2.  The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the Attorney General on behalf of the State, may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order of the district judge within 30 days after the service by the court of written notice of entry of the order.

      3.  Whenever an appeal is taken from an order of the district court discharging a petitioner or committing a petitioner to the custody of another person after granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the court’s right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, as the record on appeal, the original papers on which the petition was heard in the district court and, if the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in a civil matter. When the appeal is docketed in the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court, it stands submitted without further briefs or oral argument unless the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court otherwise orders.

      Sec. 83. NRS 34.710 is hereby amended to read as follows:

      34.710  1.  A district court shall not consider any pretrial petition for habeas corpus:

      (a) Based on alleged lack of probable cause or otherwise challenging the court’s right or jurisdiction to proceed to the trial of a criminal charge unless a petition is filed in accordance with NRS 34.700.

 


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      (b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.

      2.  If an application is made to the Court of Appeals for a writ of habeas corpus and the application is entertained by the Court of Appeals, and thereafter denied, the person making the application may not submit thereafter an application to the district judge of the district in which the applicant is held in custody, nor to any other district judge in any other judicial district of the State, premised upon the illegality of the same charge upon which the applicant is held in custody.

      3.  If an application is made to a justice of the Supreme Court for a writ of habeas corpus and the application is entertained by the justice or the Supreme Court, and thereafter denied, the person making the application may not submit thereafter an application to the Court of Appeals, the district judge of the district in which the applicant is held in custody, nor to any other district judge in any other judicial district of the State, premised upon the illegality of the same charge upon which the applicant is held in custody.

      Sec. 84. NRS 34.726 is hereby amended to read as follows:

      34.726  1.  Unless there is good cause shown for delay, a petition that challenges the validity of a judgment or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:

      (a) That the delay is not the fault of the petitioner; and

      (b) That dismissal of the petition as untimely will unduly prejudice the petitioner.

      2.  The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:

      (a) A petition is actually filed; and

      (b) The petitioner establishes a compelling basis for the stay.

      Sec. 85. NRS 34.735 is hereby amended to read as follows:

      34.735  A petition must be in substantially the following form, with appropriate modifications if the petition is filed in the Court of Appeals or the Supreme Court:

 

Case No.  .............................

Dept. No. .............................

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF..................

 

...................................................................

                         Petitioner,

 

                                v.                                                               PETITION FOR WRIT

                                                                                                  OF HABEAS CORPUS

                                                                                                    (POSTCONVICTION)

...................................................................

                       Respondent.

 


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ê2013 Statutes of Nevada, Page 1737 (Chapter 343, SB 463)ê

 

INSTRUCTIONS:

      (1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.

      (2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.

      (3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.

      (4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the Department of Corrections, name the warden or head of the institution. If you are not in a specific institution of the Department but within its custody, name the Director of the Department of Corrections.

      (5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.

      (6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.

      (7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted. One copy must be mailed to the respondent, one copy to the Attorney General’s Office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.

 

PETITION

 

      1.  Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty:      

.........................................................................................................................................

      2.  Name and location of court which entered the judgment of conviction under attack:   

.........................................................................................................................................

      3.  Date of judgment of conviction: ..................................................................

      4.  Case number: ..................................................................................................

      5.  (a) Length of sentence: ................................................................................

.........................................................................................................................................

      (b) If sentence is death, state any date upon which execution is scheduled:...................................................................

      6.  Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ........ No ........

 


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ê2013 Statutes of Nevada, Page 1738 (Chapter 343, SB 463)ê

 

If “yes,” list crime, case number and sentence being served at this time: ..........

.........................................................................................................................................

.........................................................................................................................................

      7.  Nature of offense involved in conviction being challenged: ..................

.........................................................................................................................................

      8.  What was your plea? (check one)

      (a) Not guilty ........

      (b) Guilty ........

      (c) Guilty but mentally ill ........

      (d) Nolo contendere ........

      9.  If you entered a plea of guilty or guilty but mentally ill to one count of an indictment or information, and a plea of not guilty to another count of an indictment or information, or if a plea of guilty or guilty but mentally ill was negotiated, give details:   

.........................................................................................................................................

.........................................................................................................................................

      10.  If you were found guilty or guilty but mentally ill after a plea of not guilty, was the finding made by: (check one)

      (a) Jury ........

      (b) Judge without a jury ........

      11.  Did you testify at the trial? Yes ........ No ........

      12.  Did you appeal from the judgment of conviction? Yes ........ No ........

      13.  If you did appeal, answer the following:

      (a) Name of court: .................................................................................................

      (b) Case number or citation: ...............................................................................

      (c) Result: ..............................................................................................................

      (d) Date of result: .................................................................................................

      (Attach copy of order or decision, if available.)

      14.  If you did not appeal, explain briefly why you did not: .........................

.........................................................................................................................................

.........................................................................................................................................

      15.  Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........ No ........

      16.  If your answer to No. 15 was “yes,” give the following information:

      (a)  (1) Name of court: ..........................................................................................

             (2) Nature of proceeding: ..............................................................................

.........................................................................................................................................

             (3) Grounds raised: ........................................................................................

.........................................................................................................................................

.........................................................................................................................................

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........

             (5) Result: ........................................................................................................

             (6) Date of result: ...........................................................................................

             (7) If known, citations of any written opinion or date of orders entered pursuant to such result:  

.........................................................................................................................................

      (b) As to any second petition, application or motion, give the same information:

 


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ê2013 Statutes of Nevada, Page 1739 (Chapter 343, SB 463)ê

 

             (1) Name of court: ..........................................................................................

             (2) Nature of proceeding: ..............................................................................

             (3) Grounds raised: ........................................................................................

             (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........

             (5) Result: ........................................................................................................

             (6) Date of result: ...........................................................................................

             (7) If known, citations of any written opinion or date of orders entered pursuant to such result:  

.........................................................................................................................................

      (c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.

      (d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?

             (1)  First petition, application or motion? Yes ........ No ........

                   Citation or date of decision: ....................................................................

             (2)  Second petition, application or motion? Yes ........ No .........

                   Citation or date of decision: ....................................................................

             (3)  Third or subsequent petitions, applications or motions? Yes ........ No ........

                   Citation or date of decision: ....................................................................

      (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)    

.........................................................................................................................................

.........................................................................................................................................

      17.  Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion, application or any other postconviction proceeding? If so, identify:

      (a) Which of the grounds is the same: ..............................................................

.........................................................................................................................................

      (b) The proceedings in which these grounds were raised: ............................

.........................................................................................................................................

      (c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ..........................................................................................................

.........................................................................................................................................

      18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)     

.........................................................................................................................................

      19.  Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition.

 


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ê2013 Statutes of Nevada, Page 1740 (Chapter 343, SB 463)ê

 

8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)    

.........................................................................................................................................

      20.  Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ........ No ........

If yes, state what court and the case number: .........................................................

.........................................................................................................................................

      21.  Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal:   

.........................................................................................................................................

      22.  Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ........ No ........

If yes, specify where and when it is to be served, if you know: ...........................

.........................................................................................................................................

      23.  State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.

      (a) Ground one: .....................................................................................................

.........................................................................................................................................

Supporting FACTS (Tell your story briefly without citing cases or law.): .........

.........................................................................................................................................

.........................................................................................................................................

      (b) Ground two: ....................................................................................................

.........................................................................................................................................

Supporting FACTS (Tell your story briefly without citing cases or law.): .........

.........................................................................................................................................

.........................................................................................................................................

      (c) Ground three: ..................................................................................................

.........................................................................................................................................

Supporting FACTS (Tell your story briefly without citing cases or law.): .........

.........................................................................................................................................

.........................................................................................................................................

      (d) Ground four: ....................................................................................................

.........................................................................................................................................

Supporting FACTS (Tell your story briefly without citing cases or law.): .........

.........................................................................................................................................

.........................................................................................................................................

      WHEREFORE, petitioner prays that the court grant petitioner relief to which petitioner may be entitled in this proceeding.

      EXECUTED at ................... on the ....... day of the month of ....... of the year .......

 

                                                                        .................................................................

                                                                                      Signature of petitioner

                                                                        .................................................................

                                                                                                  Address

...................................................................

        Signature of attorney (if any)

...................................................................

              Attorney for petitioner

...................................................................

                          Address

 


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ê2013 Statutes of Nevada, Page 1741 (Chapter 343, SB 463)ê

 

VERIFICATION

 

      Under penalty of perjury, the undersigned declares that the undersigned is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of the undersigned’s own knowledge, except as to those matters stated on information and belief, and as to such matters the undersigned believes them to be true.

 

                                                                        .................................................................

                                                                                                  Petitioner

                                                                        .................................................................

                                                                                      Attorney for petitioner

 

CERTIFICATE OF SERVICE BY MAIL

 

      I, ................................, hereby certify, pursuant to N.R.C.P. 5(b), that on this ........ day of the month of ........ of the year ........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:

 

                                                .........................................................................................

                                                               Respondent prison or jail official

                                                .........................................................................................

                                                                                    Address

                                                .........................................................................................

                                                Attorney General

                                                Heroes’ Memorial Building

                                                Capitol Complex

                                                Carson City, Nevada 89710

 

                                                .........................................................................................

                                                     District Attorney of County of Conviction

                                                .........................................................................................

                                                                                  Address

 

                                                                            .............................................................

                                                                                        Signature of Petitioner

      Sec. 86. NRS 34.740 is hereby amended to read as follows:

      34.740  The original petition must be presented promptly to a district judge , a judge of the Court of Appeals or a justice of the Supreme Court by the clerk of the court. The petition must be examined expeditiously by the judge or justice to whom it is assigned.

      Sec. 87. NRS 34.745 is hereby amended to read as follows:

      34.745  1.  If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the judge or justice shall order the district attorney or the Attorney General, whichever is appropriate, to:

      (a) File:

             (1) A response or an answer to the petition; and

             (2) If an evidentiary hearing is required pursuant to NRS 34.770, a return,

Ê within 45 days or a longer period fixed by the judge or justice; or

 


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ê2013 Statutes of Nevada, Page 1742 (Chapter 343, SB 463)ê

 

      (b) Take other action that the judge or justice deems appropriate.

      2.  If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the judge or justice shall order the attorney general to:

      (a) File:

             (1) A response or an answer to the petition; and

             (2) A return,

Ê within 45 days or a longer period fixed by the judge or justice.

      (b) Take other action that the judge or justice deems appropriate.

      3.  An order entered pursuant to subsection 1 or 2 must be in substantially the following form, with appropriate modifications if the order is entered by a judge of the Court of Appeals or a justice of the Supreme Court:

 

Case No.      .............................................

Dept. No.     .............................................

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

...................................................................

                         Petitioner,

 

                                v.                                                              ORDER

 

...................................................................

                       Respondent.

 

      Petitioner filed a petition for a writ of habeas corpus on ..... (month) ..... (day), ..... (year). The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of petitioner’s liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive.

 

      Dated ..... (month) ..... (day), ..... (year)

 

                                                                                          ...............................................

                                                                                                      District Judge

 

Ê A copy of the order must be served on the petitioner or the petitioner’s counsel, the respondent, the Attorney General and the district attorney of the county in which the petitioner was convicted.

      4.  If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence and if it plainly appears from the face of the petition or an amended petition and documents and exhibits that are annexed to it, or from records of the court that the petitioner is not entitled to relief based on any of the grounds set forth in subsection 2 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.

 


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      5.  If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.

      Sec. 88. NRS 34.830 is hereby amended to read as follows:

      34.830  1.  Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must contain specific findings of fact and conclusions of law supporting the decision of the court.

      2.  A copy of any decision or order discharging the petitioner from the custody or restraint under which the petitioner is held, committing the petitioner to the custody of another person, dismissing the petition or denying the requested relief must be served by the clerk of the court upon the petitioner and the petitioner’s counsel, if any, the respondent, the Attorney General and the district attorney of the county in which the petitioner was convicted.

      3.  Whenever a decision or order described in this section is entered by the district court, the clerk of the court shall prepare a notice in substantially the following form and mail a copy of the notice to each person listed in subsection 2:

 

Case No.      .............................................

Dept. No.     .............................................

 

IN THE ....... JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

...................................................................

                         Petitioner,

 

                                v.                                               NOTICE OF ENTRY OF

                                                                                    DECISION OR ORDER

 

...................................................................

                       Respondent.

 

      PLEASE TAKE NOTICE that on ..... (month) ..... (day) ..... (year), the court entered a decision or order in this matter, a true and correct copy of which is attached to this notice.

      You may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within 33 days after the date this notice is mailed to you. This notice was mailed on ..... (month) ..... (day) ..... (year)

      Dated ..... (month) ..... (day) ..... (year)

                                                                                          ...............................................

                                                                                                      Clerk of court

(SEAL)                                                                             By .........................................

                                                                                                           Deputy

      Sec. 89. NRS 35.080 is hereby amended to read as follows:

      35.080  An action under this chapter can be brought in the Supreme Court , the Court of Appeals or [in] the district court of the proper county.

 


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      Sec. 90. NRS 35.260 is hereby amended to read as follows:

      35.260  Actions under this chapter commenced in the Court of Appeals or the Supreme Court shall be conducted in the same manner as if commenced in the district court, and the Clerk of the Supreme Court shall have the same authority to issue process and to enter orders and judgments as the clerk of the district court has in like cases. All pleadings and the conduct of the trial shall be the same as in the district court. If a jury is required to determine an issue of fact, the Court of Appeals or the Supreme Court shall order the question to be tried before a jury in the district court of any county designated in such order, and that the verdict be certified to the Court of Appeals or to the Supreme Court [.] , as applicable.

      Sec. 91. NRS 35.270 is hereby amended to read as follows:

      35.270  If the action is commenced in the district court, an appeal may be taken from the final judgment by either party to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, as in other cases; but if there is judgment of ouster against the defendant, there shall be no stay of execution or proceedings pending such appeal.

      Sec. 92. NRS 37.170 is hereby amended to read as follows:

      37.170  1.  At any time after the entry of judgment, or pending an appeal by either party from the judgment to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, whenever the plaintiff has paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property is not finally taken for public use, the plaintiff, if already in possession, may continue therein, and if not, the court shall, upon motion of the plaintiff, authorize the plaintiff to take possession of and use the property during the pendency of and until the final conclusion of the litigation, and shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof. The plaintiff must not be held to have abandoned or waived the right to appeal from the judgment by paying into court the amount of the judgment and such further sum as may be required by the court and taking possession of the property pursuant to this subsection.

      2.  The defendant, who is entitled to the money paid into court for the defendant upon any judgment, is entitled to demand and receive that money at any time after obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by the defendant and notice to all parties, order and direct that the money so paid into court be delivered to the defendant upon the defendant’s filing a satisfaction of the judgment, or upon the defendant’s filing a receipt for the money and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that the defendant may be entitled to if a new trial is granted. A payment to a defendant pursuant to this subsection shall be deemed to be an abandonment by that defendant of all defenses interposed by the defendant excepting his or her claim for greater compensation.

      3.  If the amount of the compensation awarded upon final judgment exceeds the sum paid into court, the court shall enter judgment against the plaintiff and in favor of the defendant for the amount of the excess plus interest. If the amount of the compensation awarded upon final judgment is less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess plus interest.

 


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less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess plus interest.

      Sec. 93. NRS 62D.500 is hereby amended to read as follows:

      62D.500  1.  Appeals from the orders of the juvenile court may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner as appeals in civil cases are taken.

      2.  For the purposes of this section, a decision to deny certification of a child for criminal proceedings as an adult is a final judgment from which an appeal may be taken.

      Sec. 94. NRS 91.280 is hereby amended to read as follows:

      91.280  1.  Any person aggrieved by a final order of the Administrator may obtain judicial review of the order in the District Court for the First Judicial District by filing with the court, within 60 days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review must be served upon the Administrator.

      2.  Upon the filing of a petition for review, unless the court orders the taking of additional evidence pursuant to subsection 5 or 6, the court has exclusive jurisdiction of the matter, and the Administrator may not modify or set aside the order, in whole or in part.

      3.  The filing of a petition for review under subsection 1 does not, unless specifically ordered by the court, operate as a stay of the Administrator’s order, and the Administrator may enforce or ask the court to enforce the order pending the outcome of the proceedings.

      4.  Upon receipt of the petition for review, the Administrator shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under subsection 4 of NRS 91.270, the Administrator shall certify and file in court the summary order, evidence of its source and an affidavit certifying that no hearing has been held and that the order became final pursuant to that subsection.

      5.  If either the aggrieved party or the Administrator applies to the court for leave to submit additional evidence, and shows to the satisfaction of the court that there were reasonable grounds for failure to submit the evidence in the hearing before the Administrator or other good cause, the court may order the additional evidence to be taken by the Administrator under such conditions as the court considers proper.

      6.  If new evidence is ordered taken by the court, the Administrator may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.

      7.  The court shall review the petition based upon the original record before the Administrator as amended under subsections 5 and 6. The findings of the Administrator as to the facts, if supported by competent, material and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce or set aside the order, in whole or in part.

      8.  The judgment of the court is subject to review by the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution.

 


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      Sec. 95. NRS 108.2423 is hereby amended to read as follows:

      108.2423  1.  By entering into a surety bond given pursuant to NRS 108.2415, the principal and surety submit themselves to the jurisdiction of the court in which an action or suit is pending on a notice of lien on the property described in the surety bond, and the principal and surety irrevocably appoint the clerk of that court as their agent upon whom any papers affecting the liability on the surety bond may be served. The liability of the principal may be established by the court in the pending action. The liability of the surety may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the principal and surety if their addresses are known.

      2.  The motion described in subsection 1 must not be instituted until 30 days after:

      (a) If a notice of appeal from the judgment is not filed, the giving of notice of entry of judgment in the action against the lien claimant’s debtor or the giving of notice of entry of judgment in an action against the principal or the lien claimant’s debtor, as the case may be; or

      (b) If an appeal has been taken from the judgment, the filing of the remittitur from the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution.

      Sec. 96. NRS 122.050 is hereby amended to read as follows:

      122.050  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                                          }

                                                                      }ss.

County of................................................... }

 

      These presents are to authorize any minister or other person authorized to solemnize a marriage who has obtained a certificate of permission to perform marriages, any Supreme Court justice , judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........

 


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of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

      Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                                .........................................................................

(Seal)                                                                                      Clerk

 

                                                                .........................................................................

                                                                                         Deputy clerk

      Sec. 97. NRS 122.080 is hereby amended to read as follows:

      122.080  1.  After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the Supreme Court, any judge of the Court of Appeals, any judge of the district court, any justice of the peace in his or her township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his or her county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein, to join together as husband and wife all persons not prohibited by this chapter.

      2.  This section does not prohibit:

      (a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township.

      (b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township or if he or she is authorized to perform the marriage pursuant to subsection 3.

      3.  In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      4.  In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this State if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      5.  Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this State and who, in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.

      Sec. 98. NRS 122.220 is hereby amended to read as follows:

      122.220  1.  It is unlawful for any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.

 


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commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.

      2.  Any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 99. NRS 125A.555 is hereby amended to read as follows:

      125A.555  1.  An appeal may be taken from a final order in a proceeding conducted pursuant to the provisions of NRS 125A.405 to 125A.585, inclusive, in the same manner as appeals in other civil cases are taken.

      2.  To the extent consistent with the Nevada Rules of Appellate Procedure, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution shall expedite an appeal brought pursuant to this section.

      3.  Unless the court enters a temporary emergency order pursuant to NRS 125A.335, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

      Sec. 100. NRS 127.180 is hereby amended to read as follows:

      127.180  Any person against whom any order, judgment or decree is made or who is affected thereby may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from any order, judgment or decree of the district court made under the provisions of this chapter, in the same manner as in other civil proceedings.

      Sec. 101. NRS 155.190 is hereby amended to read as follows:

      155.190  1.  Except as otherwise provided in subsection 2, in addition to any order from which an appeal is expressly permitted by this title, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of entry of an order:

      (a) Granting or revoking letters testamentary or letters of administration.

      (b) Admitting a will to probate or revoking the probate thereof.

      (c) Setting aside an estate claimed not to exceed $100,000 in value.

      (d) Setting apart property as a homestead, or claimed to be exempt from execution.

      (e) Granting or modifying a family allowance.

      (f) Directing or authorizing the sale or conveyance or confirming the sale of property.

      (g) Settling an account of a personal representative or trustee.

      (h) Instructing or appointing a trustee.

      (i) Instructing or directing a personal representative.

      (j) Directing or allowing the payment of a debt, claim, devise or attorney’s fee.

      (k) Determining heirship or the persons to whom distribution must be made or trust property must pass.

      (l) Distributing property.

 


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      (m) Refusing to make any order mentioned in this section.

      (n) Making any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $10,000.

      (o) Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.

      (p) Granting an order for conveyance or transfer pursuant to NRS 148.410.

      2.  If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal pursuant to this section runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed not later than 30 days after the date of service of written notice of entry of that order:

      (a) A motion for judgment under Rule 50(b);

      (b) A motion under Rule 52(b) to amend or make additional findings of fact;

      (c) A motion under Rule 59 to alter or amend the judgment; or

      (d) A motion for a new trial under Rule 59.

      Sec. 102. NRS 155.210 is hereby amended to read as follows:

      155.210  1.  Upon an appeal, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may reverse, affirm or modify the order appealed from, and as to any or all of the parties, and order a remittitur as in other cases, and may order costs to be paid by any party to the proceeding, or out of the estate, as justice may require.

      2.  Execution for costs may issue out of the district court.

      Sec. 103. NRS 159.325 is hereby amended to read as follows:

      159.325  In addition to any order from which an appeal is expressly authorized pursuant to this chapter, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after its notice of entry from an order:

      1.  Granting or revoking letters of guardianship.

      2.  Directing or authorizing the sale or conveyance, or confirming the sale, of property of the estate of a ward.

      3.  Settling an account.

      4.  Ordering or authorizing a guardian to act pursuant to NRS 159.113.

      5.  Ordering or authorizing the payment of a debt, claim, devise, guardian’s fees or attorney’s fees.

      6.  Determining ownership interests in property.

      7.  Granting or denying a petition to enforce the liability of a surety.

      8.  Granting or denying a petition for modification or termination of a guardianship.

      9.  Granting or denying a petition for removal of a guardian or appointment of a successor guardian.

      Sec. 104. NRS 164.015 is hereby amended to read as follows:

      164.015  1.  The court has exclusive jurisdiction of proceedings initiated by the petition of an interested person concerning the internal affairs of a nontestamentary trust, including a revocable living trust while the settlor is still living if the court determines that the settlor cannot adequately protect his or her own interests or if the interested person shows that the settlor is incompetent or susceptible to undue influence. Proceedings which may be maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts, including petitions with respect to a nontestamentary trust for any appropriate relief provided with respect to a testamentary trust in NRS 153.031.

 


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maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts, including petitions with respect to a nontestamentary trust for any appropriate relief provided with respect to a testamentary trust in NRS 153.031.

      2.  A petition under this section may be filed in conjunction with a petition under NRS 164.010 or at any time after the court has assumed jurisdiction under that section.

      3.  If an interested person contests the validity of a revocable nontestamentary trust, the interested person is the plaintiff and the trustee is the defendant. The written grounds for contesting the validity of the trust constitutes a pleading and must conform with any rules applicable to pleadings in a civil action.

      4.  In a proceeding pursuant to subsection 3, the competency of the settlor to make the trust, the freedom of the settlor from duress, menace, fraud or undue influence at the time of execution of the will, the execution and attestation of the trust instrument, or any other question affecting the validity of the trust is a question of fact and must be tried by the court, subject to the provisions of subsection 5.

      5.  A court may consolidate the cases if there is a contest of a revocable nontestamentary trust and a contest relating to a will executed on the same date. If a jury is demanded pursuant to NRS 137.020 for the contest of the will, the court may instruct the jury to render an advisory opinion with respect to an issue of fact pursuant to subsection 4 in the contest of the trust.

      6.  Upon the hearing, the court shall enter such order as it deems appropriate. The order is final and conclusive as to all matters determined and is binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may be taken from the order within 30 days after notice of its entry by filing notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record. If the proceeding was brought pursuant to subsection 3, 4 or 5, the court must also award costs pursuant to chapter 18 of NRS.

      7.  A proceeding under this section does not result in continuing supervisory proceedings. The administration of the trust must proceed expeditiously in a manner consistent with the terms of the trust, without judicial intervention or the order, approval or other action of any court, unless the jurisdiction of the court is invoked by an interested person or exercised as provided by other law.

      Sec. 105. NRS 164.030 is hereby amended to read as follows:

      164.030  1.  Any trustee whose appointment has been confirmed, as provided in NRS 164.010, at any time thereafter may petition the court for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of a final account, for the settlement and allowance thereof.

      2.  Upon the filing of the petition the court shall make an order fixing a time and place for hearing thereof, unless hearing has been waived in writing by the beneficiaries of the trust.

      3.  Unless otherwise ordered by the court, notice of the hearing must be given as follows:

 


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      (a) The clerk shall set the petition for hearing;

      (b) The petitioner must give notice stating the filing of the petition and the object and time of the hearing to all persons entitled to notice as provided in NRS 155.010; and

      (c) The trustee filing such petition shall cause a copy of the order to be delivered to the beneficiaries of the trust as follows:

             (1) By handing the notice or copy to the beneficiary personally or to the beneficiary’s guardian, or attorney of record; or

             (2) By sending it by registered or certified mail with return receipt requested to such beneficiary, or the beneficiary’s guardian or attorney of record, at the last known address of the addressee.

      4.  Upon the hearing the court shall make such order as it deems appropriate, which order is final and conclusive as to all matters thereby determined and binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may be taken from the order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of the notice to each adverse party who has appeared of record.

      Sec. 106. NRS 164.033 is hereby amended to read as follows:

      164.033  1.  The trustee or an interested person may petition the court to enter an order:

      (a) If the trustee is in possession of, or holds title to, property and the property or an interest in it is claimed by another.

      (b) If the trustee has a claim to property and another holds title to or is in possession of the property.

      (c) If property of the trust is subject to a claim of a creditor of the settlor of the trust.

      2.  The court shall not grant a petition under this section if it determines that the matter should be determined by civil action.

      3.  The petition must state facts showing that it is authorized under this section, the grounds of the petition, and the name and address of each person entitled to notice of the petition.

      4.  Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice of the hearing, at least 30 days before the time set, to:

      (a) All interested persons, including the Attorney General if the petition relates to a charitable trust, in the manner provided in NRS 155.010.

      (b) Each person claiming an interest in, or having title to or possession of the property, and any other person whose right, title or interest in or to the property would be affected by the granting of the petition, in the manner provided in NRS 155.040.

      (c) Any other person, and in the manner, directed by the court.

      5.  Except as otherwise provided in subsection 2, if the court is satisfied that a conveyance, transfer, delivery or other disposition should be made, the court shall enter an order directing the trustee or other person having title to or possession of the property to convey, transfer or deliver it to the person entitled thereto or granting other appropriate relief.

      6.  Any person aggrieved by an order entered pursuant to this section may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court.

 


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Nevada Constitution within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record.

      Sec. 107. NRS 169.095 is hereby amended to read as follows:

      169.095  “Magistrate” means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes:

      1.  Justices of the Supreme Court;

      2.  Judges of the Court of Appeals;

      3.  Judges of the district courts;

      [3.]4.  Justices of the peace;

      [4.]5.  Municipal judges; and

      [5.]6.  Others upon whom are conferred by law the powers of a justice of the peace in criminal cases.

      Sec. 108. NRS 174.098 is hereby amended to read as follows:

      174.098  1.  A defendant who is charged with murder of the first degree in a case in which the death penalty is sought may, not less than 10 days before the date set for trial, file a motion to declare that the defendant is mentally retarded.

      2.  If a defendant files a motion pursuant to this section, the court must:

      (a) Stay the proceedings pending a decision on the issue of mental retardation; and

      (b) Hold a hearing within a reasonable time before the trial to determine whether the defendant is mentally retarded.

      3.  The court shall order the defendant to:

      (a) Provide evidence which demonstrates that the defendant is mentally retarded not less than 30 days before the date set for a hearing conducted pursuant to subsection 2; and

      (b) Undergo an examination by an expert selected by the prosecution on the issue of whether the defendant is mentally retarded at least 15 days before the date set for a hearing pursuant to subsection 2.

      4.  For the purpose of the hearing conducted pursuant to subsection 2, there is no privilege for any information or evidence provided to the prosecution or obtained by the prosecution pursuant to subsection 3.

      5.  At a hearing conducted pursuant to subsection 2:

      (a) The court must allow the defendant and the prosecution to present evidence and conduct a cross-examination of any witness concerning whether the defendant is mentally retarded; and

      (b) The defendant has the burden of proving by a preponderance of the evidence that the defendant is mentally retarded.

      6.  If the court determines based on the evidence presented at a hearing conducted pursuant to subsection 2 that the defendant is mentally retarded, the court must make such a finding in the record and strike the notice of intent to seek the death penalty. Such a finding may be appealed [to the Supreme Court] pursuant to NRS 177.015.

      7.  For the purposes of this section, “mentally retarded” means significant subaverage general intellectual functioning which exists concurrently with deficits in adaptive behavior and manifested during the developmental period.

      Sec. 109. NRS 175.554 is hereby amended to read as follows:

      175.554  In cases in which the death penalty is sought:

      1.  The court shall instruct the jury at the end of the penalty hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing.

 


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prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.

      2.  The jury shall determine:

      (a) Whether an aggravating circumstance or circumstances are found to exist;

      (b) Whether a mitigating circumstance or circumstances are found to exist; and

      (c) Based upon these findings, whether the defendant should be sentenced to imprisonment for a definite term of 50 years, life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.

      3.  The jury may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      4.  If a jury imposes a sentence of death, the jury shall render a written verdict signed by the foreman. The verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      5.  If a sentence of death is imposed and a prior determination regarding mental retardation has not been made pursuant to NRS 174.098, the defendant may file a motion to set aside the penalty on the grounds that the defendant is mentally retarded. If such a motion is filed, the court shall conduct a hearing on that issue in the manner set forth in NRS 174.098. If the court determines pursuant to such a hearing that the defendant is mentally retarded, it shall set aside the sentence of death and order a new penalty hearing to be conducted. Either party may appeal such a determination [to the Supreme Court] pursuant to NRS 177.015.

      Sec. 110. NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

       Fine                                                                                         Assessment

$5 to $49................................................................................................. $30

50 to 59..................................................................................................... 45

60 to 69..................................................................................................... 50

70 to 79..................................................................................................... 55

80 to 89..................................................................................................... 60

90 to 99..................................................................................................... 65

100 to 199................................................................................................. 75

200 to 299................................................................................................. 85

300 to 399................................................................................................. 95

400 to 499............................................................................................... 105

500 to 1,000............................................................................................ 120

 


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If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) Five dollars to the State Controller for credit to the State General Fund.

 


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      (d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund for distribution as provided in subsection 8.

      6.  The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) Five dollars to the State Controller for credit to the State General Fund.

      (d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund for distribution as provided in subsection 8.

      7.  The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the State General Fund pursuant to paragraph (d) of subsection 5 and paragraph (d) of subsection 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

      (a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

             (1) Thirty-six and one-half percent of the amount distributed to the Office of Court Administrator for:

                   (I) The administration of the courts;

                   (II) The development of a uniform system for judicial records; and

                   (III) Continuing judicial education.

             (2) Forty-eight percent of the amount distributed to the Office of Court Administrator for the Supreme Court.

 


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             (3) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices , retired judges of the Court of Appeals and retired district judges.

             (4) Twelve percent of the amount distributed to the Office of Court Administrator for the provision of specialty court programs.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

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

             (2) The Peace Officers’ Standards and Training Commission;

             (3) The operation by the Department of Public Safety of a computerized interoperative system for information related to law enforcement;

             (4) The Fund for the Compensation of Victims of Crime;

             (5) The Advisory Council for Prosecuting Attorneys; and

             (6) Programs within the Office of the Attorney General related to victims of domestic violence.

      9.  Any money deposited in the State General Fund pursuant to paragraph (d) of subsection 5 and paragraph (d) of subsection 6 that is not distributed or used pursuant to paragraph (b) of subsection 8 must be transferred to the uncommitted balance of the State General Fund.

      10.  As used in this section:

      (a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

      (b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

      Sec. 111. NRS 176.415 is hereby amended to read as follows:

      176.415  The execution of a judgment of death must be stayed only:

      1.  By the State Board of Pardons Commissioners as authorized in Section 14 of Article 5 of the Constitution of the State of Nevada;

      2.  By the Governor if the Governor grants a reprieve pursuant to Section 13 of Article 5 of the Constitution of the State of Nevada;

      3.  When a direct appeal from the judgment of conviction and sentence is taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [;] pursuant to Section 4 of Article 6 of the Nevada Constitution;

      4.  By a judge of the district court of the county in which the state prison is situated, for the purpose of an investigation of sanity or pregnancy as provided in NRS 176.425 to 176.485, inclusive;

      5.  By a judge of the district court in which a motion is filed pursuant to subsection 5 of NRS 175.554, for the purpose of determining whether the defendant is mentally retarded; or

      6.  Pursuant to the provisions of NRS 176.0919 or 176.486 to 176.492, inclusive.

      Sec. 112. NRS 176.486 is hereby amended to read as follows:

      176.486  A district court having proper jurisdiction , the Court of Appeals or the Supreme Court, if it has proper jurisdiction, may stay the execution of a sentence of death when a postconviction petition for habeas corpus has been filed only after appropriate notice has been given to the appropriate respondent in the case.

      Sec. 113. NRS 176.487 is hereby amended to read as follows:

      176.487  When a person under a sentence of death files a proper postconviction petition for habeas corpus, a district court , the Court of Appeals or the Supreme Court on a subsequent appeal shall enter a stay of execution if the court finds a stay necessary for a proper consideration of the claims for relief.

 


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execution if the court finds a stay necessary for a proper consideration of the claims for relief. In making this determination, the court shall consider whether:

      1.  The petition is the first effort by the petitioner to raise constitutional claims for relief after a direct appeal from a conviction and the petition raises claims other than those which could have been raised at trial or on direct appeal.

      2.  The petition is timely filed and jurisdictionally appropriate and does not set forth conclusory claims only.

      3.  If the petition is not the first petition for postconviction relief, it raises constitutional claims which are not procedurally barred by laches, the law of the case, the doctrines of abuse of the writ or successive petition or any other procedural default.

      4.  If the petition is a second or successive petition, it presents substantial grounds upon which relief might be granted and valid justification for the claims not having been presented in a prior proceeding.

      5.  The petition asserts claims based upon specified facts or law which, if true, would entitle the petitioner to relief.

      6.  The court cannot decide legal claims which are properly raised or expeditiously hold an evidentiary hearing on factual claims which are properly raised before the execution of sentence.

      Sec. 114. NRS 176.491 is hereby amended to read as follows:

      176.491  1.  Upon the denial of any appeal pursuant to chapter 34 or 177 of NRS to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to [chapter 34 or 177 of NRS,] Section 4 of Article 6 of the Nevada Constitution, the [Supreme Court] appellate court of competent jurisdiction shall dissolve any stay of execution previously entered. No stay of such execution may be entered or continued by the [Supreme Court] appellate court of competent jurisdiction after the denial of an appeal pending the filing of a petition with a federal court or a petition for a writ of certiorari with the Supreme Court of the United States.

      2.  The entry of a stay of issuance of a remittitur in the [Supreme Court] appellate court of competent jurisdiction does not prohibit the application of or the issuance of a warrant of execution by the district court in which the conviction was obtained.

      3.  To stay the execution of a sentence of death following the denial of any appeal to the [Supreme Court] appellate court of competent jurisdiction pursuant to chapter 34 or 177 of NRS, a person under sentence of death must:

      (a) Apply for and obtain a stay in the federal court in which the person applies for a writ of certiorari or habeas corpus; or

      (b) Obtain a stay of execution pursuant to NRS 176.487.

      Sec. 115. NRS 176.492 is hereby amended to read as follows:

      176.492  The respondent may file a petition with the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 10 days after the entry of a stay of execution by a district court to dissolve a stay which was improperly entered. The filing of the petition does not divest the district court of jurisdiction to hear the claims raised by the petition and the district court shall not delay consideration of the claims because of the filing of such a petition with the [Supreme Court.]

 


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district court shall not delay consideration of the claims because of the filing of such a petition with the [Supreme Court.] appellate court of competent jurisdiction.

      Sec. 116. NRS 176.505 is hereby amended to read as follows:

      176.505  1.  When a remittitur showing the affirmation of a judgment of death has been filed with the clerk of the court from which the appeal has been taken, the court in which the conviction was obtained shall inquire into the facts, and, if no legal reasons exist prohibiting the execution of the judgment, shall make and enter an order requiring the Director of the Department of Corrections to execute the judgment at a specified time. The presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, is not required.

      2.  When an opinion, order dismissing appeal or other order upholding a sentence of death is issued by the [Supreme Court] appellate court of competent jurisdiction pursuant to chapter 34 or 177 of NRS, the court in which the sentence of death was obtained shall inquire into the facts and, if no legal reason exists prohibiting the execution of the judgment, shall make and enter an order requiring the Director of the Department of Corrections to execute the judgment during a specified week. The presence of the defendant in the court when the order of execution is made and entered, or the warrant is issued, is not required.

      3.  Notwithstanding the entry of a stay of issuance of a remittitur in the [Supreme Court] appellate court of competent jurisdiction following denial of appellate relief in a proceeding brought pursuant to chapter 34 or 177 of NRS, the court in which the conviction was obtained shall, upon application of the Attorney General or the district attorney of the county in which the conviction was obtained, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the Director of the Department of Corrections.

      Sec. 117. NRS 177.015 is hereby amended to read as follows:

      177.015  The party aggrieved in a criminal action may appeal only as follows:

      1.  Whether that party is the State or the defendant:

      (a) To the district court of the county from a final judgment of the justice court.

      (b) To the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.

      (c) To the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from a determination of the district court about whether a defendant is mentally retarded that is made as a result of a hearing held pursuant to NRS 174.098. If the [Supreme Court] appellate court of competent jurisdiction entertains the appeal, it shall enter an order staying the criminal proceedings against the defendant for such time as may be required.

      2.  The State may, upon good cause shown, appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125.

 


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evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the Clerk of the Supreme Court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant or, in the case of a defendant without counsel, the defendant within 2 judicial days after the filing of the notice of appeal. The [Supreme Court] appellate court of competent jurisdiction may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the [Supreme Court] appellate court of competent jurisdiction entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.

      3.  The defendant only may appeal from a final judgment or verdict in a criminal case.

      4.  Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty, guilty but mentally ill or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The [Supreme Court] appellate court of competent jurisdiction may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.

      Sec. 118. NRS 177.025 is hereby amended to read as follows:

      177.025  The appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the district court can be taken on questions of law alone.

      Sec. 119. NRS 177.055 is hereby amended to read as follows:

      177.055  1.  When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by the defendant or the defendant’s counsel, unless the defendant or the defendant’s counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.

      2.  Whether or not the defendant or the defendant’s counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, which shall consider, in a single proceeding, if an appeal is taken:

      (a) Any errors enumerated by way of appeal;

      (b) If a court determined that the defendant is not mentally retarded during a hearing held pursuant to NRS 174.098, whether that determination was correct;

      (c) Whether the evidence supports the finding of an aggravating circumstance or circumstances;

      (d) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and

      (e) Whether the sentence of death is excessive, considering both the crime and the defendant.

 


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      3.  The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, when reviewing a death sentence, may:

      (a) Affirm the sentence of death;

      (b) Set the sentence aside and remand the case for a new penalty hearing before a newly impaneled jury; or

      (c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.

      Sec. 120. NRS 177.075 is hereby amended to read as follows:

      177.075  1.  Except where appeal is automatic, an appeal from a district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution is taken by filing a notice of appeal with the clerk of the district court. Bills of exception and assignments of error in cases governed by this chapter are abolished.

      2.  When a court imposes sentence upon a defendant who has not pleaded guilty or guilty but mentally ill and who is without counsel, the court shall advise the defendant of the right to appeal, and if the defendant so requests, the clerk shall prepare and file forthwith a notice of appeal on the defendant’s behalf.

      3.  A notice of appeal must be signed:

      (a) By the appellant or appellant’s attorney; or

      (b) By the clerk if prepared by the clerk.

      Sec. 121. NRS 177.115 is hereby amended to read as follows:

      177.115  A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a Justice Court, district court, the Court of Appeals or by the Supreme Court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the court appealed from, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating the defendant’s assets.

      Sec. 122. NRS 177.145 is hereby amended to read as follows:

      177.145  If application is made to a district court , the Court of Appeals or [to] a justice of the Supreme Court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application shall be upon notice and shall show that:

      1.  Application to the court below or a judge thereof is not practicable;

      2.  Application has been made and denied, with the reasons given for the denial; or

      3.  The action on the application did not afford the relief to which the applicant considers himself or herself to be entitled.

      Sec. 123. NRS 177.165 is hereby amended to read as follows:

      177.165  All appeals from a district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution shall be heard on the original papers and the reporter’s transcript of evidence or proceedings. The form and manner of preparation of the record and of other papers filed may be prescribed by the [Supreme Court,] appellate court of competent jurisdiction, and to the extent not otherwise so prescribed shall conform to the practice in civil cases.

 


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      Sec. 124. NRS 177.205 is hereby amended to read as follows:

      177.205  The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may, on its own motion or on motion of the respondent, dismiss an appeal:

      1.  If the appeal is irregular in any substantial particular.

      2.  If the appellant has failed to comply with the requirements for docketing of the record on appeal or filing briefs, unless for good cause shown an extension is granted.

      Sec. 125. NRS 177.215 is hereby amended to read as follows:

      177.215  Unless good cause is shown for an earlier hearing, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution shall set the appeal for argument on a date not less than 30 days after the expiration of the time limited for filing briefs and as soon thereafter as the state of the calendar will permit. Preference shall be given to appeals in criminal cases over appeals in civil cases.

      Sec. 126. NRS 177.245 is hereby amended to read as follows:

      177.245  The defendant need not personally appear in the [Supreme Court.] appellate court of competent jurisdiction.

      Sec. 127. NRS 177.265 is hereby amended to read as follows:

      177.265  The appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may reverse, affirm, or modify the judgment appealed from, and may, if necessary or proper, order a new trial.

      Sec. 128. NRS 177.267 is hereby amended to read as follows:

      177.267  1.  An appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from a judgment of death or the review of such a judgment by that [Court] court must be decided and an opinion rendered within 150 days after the [Court] court has received the record on appeal from the clerk of the sentencing court. If an opinion is not rendered within that time, the Chief Judge of the Court of Appeals or the Chief Justice of the Supreme Court , as applicable, shall state on the record the reasons which caused the delay and the facts supporting those reasons.

      2.  Any failure of the [Court] court to comply with the requirements of this section is not a ground for setting aside the judgment of death.

      Sec. 129. NRS 177.275 is hereby amended to read as follows:

      177.275  If a judgment against the defendant is reversed, without ordering a new trial, the [Supreme Court] appellate court of competent jurisdiction shall direct, if the defendant is in custody, that the defendant be discharged therefrom, or if admitted to bail, that the defendant’s bail be exonerated, or if money be deposited instead of bail, that it be refunded to the defendant.

      Sec. 130. NRS 177.285 is hereby amended to read as follows:

      177.285  On a judgment of affirmance against the defendant, the original judgment shall be carried into execution, as the [Supreme Court] appellate court of competent jurisdiction shall direct.

      Sec. 131. NRS 177.305 is hereby amended to read as follows:

      177.305  After the certificate of judgment has been remitted, the [Supreme Court] appellate court of competent jurisdiction shall have no further jurisdiction of the appeal or of the proceedings thereon, and all orders which may be necessary to carry the judgment into effect shall be made by the [Court] court to which the certificate is remitted.

 


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which may be necessary to carry the judgment into effect shall be made by the [Court] court to which the certificate is remitted.

      Sec. 132. NRS 178.488 is hereby amended to read as follows:

      178.488  1.  Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay.

      2.  Pending appeal to a district court, bail may be allowed by the trial justice, by the district court, or by any judge thereof, to run until final termination of the proceedings in all courts.

      3.  Pending appeal or certiorari to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, bail may be allowed by the district court or [by] any judge thereof , by the Court of Appeals or any judge thereof or by the Supreme Court or [by] a justice thereof.

      4.  Any court or any judge or justice authorized to grant bail may at any time revoke the order admitting the defendant to bail.

      5.  The court or judge by whom bail may be ordered shall require such notice of the application therefor as the court or judge may deem reasonable to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

      Sec. 133. NRS 178.546 is hereby amended to read as follows:

      178.546  1.  Whenever a person is admitted to bail by the Court of Appeals, the Supreme Court , a judge of the Court of Appeals or a justice of the Supreme Court, the Clerk of the Supreme Court shall record:

      (a) The name of the defendant;

      (b) The names of the sureties;

      (c) The amount of the bond; and

      (d) The case number.

      2.  When the bond is exonerated or forfeited, the Clerk of the Supreme Court shall record:

      (a) The date of the exoneration or forfeiture;

      (b) The file number of the order declaring the forfeiture or exoneration;

      (c) The name of the county where the defendant was convicted or if no conviction has been had, of the county where the defendant was incarcerated; and

      (d) The date of the notice to the district attorney of the appropriate county of any forfeiture of the bond.

      Sec. 134. NRS 180.060 is hereby amended to read as follows:

      180.060  1.  The State Public Defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when the indigent person has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The State Public Defender shall, when designated pursuant to NRS 62D.030, 62D.100, 171.188 or 432B.420, and within the limits of available money, represent without charge each indigent person for whom the State Public Defender is appointed.

      3.  When representing an indigent person, the State Public Defender shall:

      (a) Counsel and defend the indigent person at every stage of the proceedings, including revocation of probation or parole; and

      (b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.

 


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      4.  In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

      5.  The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.

      Sec. 135. NRS 196.030 is hereby amended to read as follows:

      196.030  A person who has knowledge of the commission of treason, who conceals the crime, and does not, as soon as may be, disclose the treason to the Governor or a justice of the Supreme Court or a judge of the Court of Appeals or the district court, is guilty of misprision of treason which is a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 136. NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means:

             (1) Unlawfully attempting to use physical force against another person; or

             (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

      (c) “Provider of health care” means a physician, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian and an emergency medical technician.

 


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professional counselor, a clinical professional counselor intern, a licensed dietitian and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony 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.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony 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.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony 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.

      Sec. 137. NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

 


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             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

             (5) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

      (d) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

      (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (h) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.

      (i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (j) “Taxicab driver” means a person who operates a taxicab.

      (k) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.

      (c) If:

             (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;

             (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and

             (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,

Ê for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

 


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her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony 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 may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony 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.

      (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

             (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony 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.

      Sec. 138. NRS 209.261 is hereby amended to read as follows:

      209.261  1.  Upon notification by the county clerk of any county in this State that a person is being held under sentence of imprisonment in the state prison, the Director shall immediately provide for the transportation of the offender from the place of confinement to an appropriate institution or facility of the Department.

      2.  The expense of such transportation is a charge against the Department and must be paid upon approval by the Board as other claims against the State are paid.

      3.  The reasonable expenses of maintaining every person sentenced to imprisonment in the state prison, after 5 days’ notice to the Director, is a charge against the Department.

      4.  The officer in charge of transporting an offender is entitled to receive allowances for transportation and subsistence at the rates provided for state employees.

      5.  In all cases where an appeal is sustained by the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, further transportation of the offender is at the expense of the county in which the offender was convicted and at the same rate as provided in subsection 4.

 


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      Sec. 139. NRS 213.015 is hereby amended to read as follows:

      213.015  1.  A member of the Board who has served as a district judge , a judge of the Court of Appeals or [as] a justice of the Supreme Court, or any combination thereof, for at least 4 years, is entitled to compensation as a member of the Board in the amount of 2 percent of his or her annual salary as a justice of the Supreme Court for each year of service as a district judge , a judge of the Court of Appeals or [as] a justice of the Supreme Court, or any combination thereof. The compensation received by a justice for service on the Board must not exceed 22 percent of his or her annual salary as a justice of the Supreme Court.

      2.  The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the State General Fund.

      Sec. 140. NRS 218D.910 is hereby amended to read as follows:

      218D.910  1.  The following persons are entitled to receive free of charge in any 1 calendar year any bill, resolution, daily history, daily journal or index, in the number of copies shown, upon verification of their wishes to receive the legislative measure or publication:

      (a) Justices and the Clerk of the Supreme Court, one copy;

      (b) Judges of the Court of Appeals, one copy;

      (c) County clerks and district attorneys, one copy;

      [(c)](d) A judge and clerk of a district court in a judicial district having one judge, one copy; and

      [(d)](e) The judges and the administrator or clerk of a district court in a judicial district having more than one judge, two copies.

      2.  Upon approval of the committee of the Senate or the Assembly which has jurisdiction of issues relating to legislative functions, additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the Director.

      Sec. 141. NRS 218D.955 is hereby amended to read as follows:

      218D.955  1.  The Secretary of State shall, within 3 days after receiving them, furnish to the State Printer a copy of all acts, resolutions and memorials passed at each regular or special session.

      2.  The Director shall:

      (a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the State.

      (b) Immediately upon the adjournment of the regular or special session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the regular or special session.

      (c) Distribute one copy of the advance sheets, without charge, to each justice of the Supreme Court, to each judge of the Court of Appeals, the Attorney General, the State Public Defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the State, deliver to the Supreme Court Law Library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.

      3.  The Legislative Counsel shall, immediately upon the adjournment of the regular or special session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the regular or special session.

      4.  The State Printer, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218D.960.

 


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      Sec. 142. NRS 218E.030 is hereby amended to read as follows:

      218E.030  1.  The Assembly, the Senate and committees, pursuant to their investigative powers, may issue subpoenas for the production of material witnesses and relevant evidence. Such subpoenas may be issued by the President of the Senate, the Speaker of the Assembly, or the chair of a committee with the concurrence of a majority of the members of the committee.

      2.  Except in cases of impeachment as provided by Article 7 of the Constitution of the State of Nevada, a subpoena must not be issued to:

      (a) The Governor or any of the Governor’s immediate staff.

      (b) Any justice of the Supreme Court , judge of the Court of Appeals or judge of a district court.

      Sec. 143. NRS 233B.150 is hereby amended to read as follows:

      233B.150  An aggrieved party may obtain a review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal shall be taken as in other civil cases.

      Sec. 144. NRS 239.110 is hereby amended to read as follows:

      239.110  1.  In addition to any other requirement of this section, the Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court, a deputy clerk of a district court, a deputy clerk of a justice court or a clerk of a municipal court may destroy a court record only in accordance with a schedule for the retention and disposition of court records which is approved by the Supreme Court.

      2.  The Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court or a deputy clerk of a district court who destroys a court record pursuant to this section may do so only if an image of the court record has been placed on microfilm or has been saved in an electronic recordkeeping system which permits the retrieval of the information contained in the court record and the reproduction of the court record.

      3.  Except as otherwise prohibited by law, a deputy clerk of a justice court or a clerk of a municipal court may destroy a court record pursuant to a schedule for the retention and disposition of court records established by the Supreme Court without placing an image of the court record on microfilm or saving an image of the court record in an electronic recordkeeping system.

      4.  A reproduction of an image of a court record that has been placed on microfilm or saved pursuant to this section shall be deemed to be the original court record, regardless of whether the original exists.

      5.  A microfilmed image of a court record or an image of a court record saved in an electronic recordkeeping system pursuant to this section must be durable, accurate, complete and clear.

      6.  If, pursuant to this section, an image of a court record is placed on microfilm or is saved in an electronic recordkeeping system, the clerk who does so shall promptly store at least one copy of the microfilm or any tape, disc or other medium used for the storage of the saved image in a manner and place:

      (a) So as to protect it reasonably from loss or damage; and

      (b) As prescribed by the Supreme Court.

 


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      7.  The Supreme Court may provide by rule for the destruction, without prior microfilming, of such other documents of the several courts of this State as are held in the offices of the clerks but which:

      (a) No longer serve any legal, financial or administrative purpose; and

      (b) Do not have any historical value.

      8.  The Court Administrator may request the Division to advise and assist the Supreme Court in its establishment of the rules or of a schedule for the retention and disposition of court records.

      9.  As used in this section, “court record” means any document, device or item, regardless of physical form or characteristic, that:

      (a) Is created by, received by or comes under the jurisdiction of the Supreme Court , the Court of Appeals or a district court, justice court or municipal court; and

      (b) Documents the organization, functions, policies, decisions, procedures, operations or any other activities of the Supreme Court, Court of Appeals, district court, justice court or municipal court.

      Sec. 145. NRS 239C.260 is hereby amended to read as follows:

      239C.260  1.  In accordance with the provisions of Section 37 of Article 4 of the Nevada Constitution, the Nevada Legislature hereby establishes a plan for continuation of state and local governmental operations. The provisions set forth in this section apply only in, and must be used in accordance with, the circumstances described in subsection 2.

      2.  In the event that this State or a portion of this State is stricken by a catastrophic emergency of such magnitude that, in the opinion of the Governor or, in the absence of the Governor, the Lieutenant Governor, the existing provisions of the Nevada Constitution and the statutes of this State relating to the filling of vacancies in office are not able to provide for a sufficiently expedient continuity of government and temporary succession of power as a result of vacancies in office created by the catastrophic emergency, the provisions of subsections 3 to [10,] 11, inclusive, apply.

      3.  If a vacancy occurs in the Office of Governor as a result of a catastrophic emergency and none of the successors described in NRS 223.080 are able or available to act as Governor, the Legislature shall elect a person to serve as Governor. If the Legislature is not in session at the time the vacancy occurs, the Legislature may call itself into special session to elect a person to serve as Governor.

      4.  If vacancies occur in more than 15 percent of the seats in either house of the Legislature as a result of a catastrophic emergency:

      (a) The remaining Legislators available for duty constitute the Legislature and have full power to act in separate or joint assembly by majority vote of those present;

      (b) Any requirements for a quorum applicable to the Legislature must initially be suspended and must subsequently be adjusted as vacant offices are filled pursuant to NRS 218A.260; and

      (c) If the affirmative vote of a specified proportion of members of the Legislature is required for the approval of a legislative measure, the same proportion of remaining members of the Legislature is sufficient for approval of that measure.

      5.  If vacancies occur in more than 15 percent of the positions held by justices on the Supreme Court as a result of a catastrophic emergency, the vacancies must be filled by appointment of the Governor.

 


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      6.  If vacancies occur in more than 50 percent of the positions held by judges on the Court of Appeals as a result of a catastrophic emergency, the vacancies must be filled by appointment of the Supreme Court.

      7.  If vacancies occur in more than 15 percent of the positions held by the district judges in any one judicial district as a result of a catastrophic emergency, the vacancies must be filled by appointment of the Supreme Court.

      [7.]8.  If vacancies occur on a board of county commissioners as a result of a catastrophic emergency:

      (a) The remaining members of the board available for duty constitute the board and have full power to act by majority vote of those present; and

      (b) Any requirements for a quorum applicable to the board must initially be suspended and must subsequently be adjusted as vacant offices are filled.

Ê If a board of county commissioners is rendered entirely vacant as a result of a catastrophic emergency, such other elected officers of the county as may be available to serve on the board have full authority to act in all matters as a board of county commissioners.

      [8.]9.  If vacancies occur on a city council as a result of a catastrophic emergency:

      (a) The remaining members of the council available for duty constitute the council and have full power to act by majority vote of those present; and

      (b) Any requirements for a quorum applicable to the council must initially be suspended and must subsequently be adjusted as vacant offices are filled.

Ê If a city council is rendered entirely vacant as a result of a catastrophic emergency, such other elected officers of the city as may be available to serve on the council have full authority to act in all matters as a city council.

      [9.]10.  If, during or following a catastrophic emergency, a majority of the members of a legislative body described in this section determines that, for purposes of safety or to address related concerns, the legislative body should meet at a location other than the location at which the legislative body ordinarily meets, the legislative body may arrange to meet at an alternate location.

      [10.]11.  After a catastrophic emergency has taken place, the Governor or, in the absence of the Governor, the Lieutenant Governor, shall:

      (a) Determine and announce publicly when conditions have normalized within this State or the portion thereof affected by the catastrophic emergency.

      (b) In cooperation with the Secretary of State, develop procedures and a reasonable schedule for filling by regular election the various offices filled temporarily pursuant to this section.

      [11.]12.  As used in this section, “catastrophic emergency” means an emergency resulting from disasters caused by enemy attack, in accordance with Section 37 of Article 4 of the Nevada Constitution.

      Sec. 146. NRS 281.010 is hereby amended to read as follows:

      281.010  1.  The following officers must be elected:

      (a) A Governor.

      (b) A Lieutenant Governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this State may be entitled.

 


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      (e) The number of presidential electors to which this State may be entitled.

      (f) Five justices of the Supreme Court.

      (g) Judges of the Court of Appeals other than the initial three judges.

      (h) District judges.

      [(h)](i) Senators and members of the Assembly.

      [(i)](j) A Secretary of State.

      [(j)](k) A State Treasurer.

      [(k)](l) A State Controller.

      [(l)](m) An Attorney General.

      [(m)](n) Other officers whose elections are provided for by law.

      [(n)](o) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of the county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor, except where otherwise provided by law.

             (6) One county treasurer, except where otherwise provided by law.

             (7) The number of county commissioners as provided by law.

             (8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.

             (9) Justices of the peace.

             (10) Constables, except where otherwise provided by law.

      2.  All officers who are not elected must be appointed.

      Sec. 147. NRS 281.030 is hereby amended to read as follows:

      281.030  1.  The official oath, except in the cases specified in NRS 218A.220, 223.030 and 224.030, shall be endorsed on the commission or certificate of election of the officer and signed by the officer, and shall be certified by the officer before whom the oath or affirmation shall have been taken.

      2.  Every officer, whose oath of office is required to be endorsed on the officer’s commission or certificate of election, shall take and subscribe to the oath at the time of the reception of the commission or certificate.

      3.  The oath shall be taken, and, except in the cases prescribed in NRS 218A.220, 223.030 and 224.030, may be subscribed before any justice of the Supreme Court or clerk thereof, any judge of the Court of Appeals, any judge of the district court or clerk thereof, a county clerk, notary public, or justice of the peace, unless otherwise directed by law.

      Sec. 148. NRS 281.157 is hereby amended to read as follows:

      281.157  As used in NRS 281.157 to 281.1575, inclusive, unless the context otherwise requires, “Commission” means the Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, Judges of the Court of Appeals, District Judges and Elected County Officers which is created pursuant to NRS 281.1571.

      Sec. 149. NRS 281.1571 is hereby amended to read as follows:

      281.1571  1.  There is hereby created a Commission to Review the Compensation of Constitutional Officers, Legislators, Supreme Court Justices, Judges of the Court of Appeals, District Judges and Elected County Officers, consisting of nine members.

      2.  The members must be appointed by the following persons:

 


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      (a) One member by the Speaker of the Assembly.

      (b) One member by the Majority Leader of the Senate.

      (c) One member by the Minority Leader of the Assembly.

      (d) One member by the Minority Leader of the Senate.

      (e) Two members by the Chief Justice of the Supreme Court.

      (f) Three members by the Governor.

      3.  The Commission shall elect a Chair and such other officers as it deems necessary from among its members.

      4.  A current officer or employee of the State or any of its political subdivisions must not be appointed as a member of the Commission.

      5.  The members appointed by the Governor must be selected in the following manner:

      (a) Two members, one from each congressional district, who do not belong to the same political party.

      (b) One member from a list of three nominees submitted by the Nevada Association of Counties.

      Sec. 150. NRS 281.1575 is hereby amended to read as follows:

      281.1575  1.  The Commission shall:

      (a) Review the compensation paid to constitutional officers, Supreme Court justices, judges of the Court of Appeals, district judges and elected county officers.

      (b) Review the compensation paid to the members of the Legislature during and between legislative sessions.

      (c) Hold public hearings to discuss the issues and receive public comment.

      (d) If it determines that changes in legislation are required, request the assistance of the Legislative Counsel in the preparation of a bill draft on or before November 15 of each even-numbered year. Upon completion of the bill draft, the Legislative Counsel shall deliver the bill draft to the appropriate standing committee of the Assembly or Senate within the first week of the next regular legislative session for introduction.

      2.  In reviewing the issues of compensation required by subsection 1, the Commission shall:

      (a) Compare the current salaries of persons with similar qualifications who are employed by the State of Nevada and in the public sector;

      (b) Determine the minimum salary required to attract and retain experienced and competent persons; and

      (c) Consider the average number of days that Legislators serve during their term, the amount of work required of Legislators when the Legislature is not in regular session, and the opportunities they have to earn additional income from outside sources.

      3.  The Commission may recommend that any increase in the compensation of a county officer apply retroactively if not prohibited by law.

      Sec. 151. NRS 283.420 is hereby amended to read as follows:

      283.420  1.  An appeal from a judgment of removal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner as from a judgment in other criminal actions, but until such judgment is reversed the defendant shall be suspended from office.

      2.  Pending the appeal, the office may be filled as in case of vacancy.

 


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      Sec. 152. NRS 284.3775 is hereby amended to read as follows:

      284.3775  1.  Except as otherwise provided in this section, employees of the Supreme Court, employees of the Court of Appeals, employees in the unclassified service of the Executive Branch of the Government of the State of Nevada, or employees of the Legislative Branch of the Government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this subsection includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

      2.  Except as otherwise provided in subsection 4, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.

      3.  Except as otherwise provided in this subsection and subsection 4, a person may not transfer pursuant to subsection 1 to a class composed of:

      (a) Professionally qualified persons; or

      (b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.

Ê A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.

      4.  The restrictions provided in subsections 2 and 3 do not apply to an employee of the Supreme Court, an employee of the Court of Appeals, an employee in the unclassified service of the Executive Branch of Government or an employee of the Legislative Branch of Government whose appointment to that position was immediately preceded by an appointment in the classified service, except that such an employee may only transfer to a position in the classified service that has duties and compensation that are similar either to the employee’s current position or to a position the employee previously held in the classified service.

      5.  An employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:

      (a) Is entitled to be restored to the employee’s previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.

      (b) Is eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employee’s position in the classified service.

      6.  An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection 1 to transfer to a position having similar duties and compensation in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employee’s employment with the Legislative Branch of Government before that date. For the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.

 


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the purposes of this section, the weekly compensation of a person paid a daily salary during a legislative session is seven times the daily salary.

      Sec. 153. NRS 286.297 is hereby amended to read as follows:

      286.297  The following persons are not eligible to become members of the System:

      1.  Inmates of state institutions even though they may be receiving compensation for services performed for the institution.

      2.  Independent contractors or persons rendering professional services on a fee, retainer or contract basis.

      3.  Except as otherwise provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.

      4.  Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.

      5.  Substitute teachers and students who are employed by the institution which they attend.

      6.  District judges , judges of the Court of Appeals and justices of the Supreme Court first elected or appointed on or after July 1, 1977, who are not enrolled in the System at the time of election or appointment.

      7.  Members of the professional staff of the Nevada System of Higher Education who are employed on or after July 1, 1977.

      8.  Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.

      9.  Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds 6 consecutive months.

      10.  Persons employed on or after July 1, 1981, as part-time guards at school crossings.

      11.  Nurses who:

      (a) Are not full-time employees;

      (b) Are paid an hourly wage on a daily basis;

      (c) Do not receive the employee benefits received by other employees of the same employer; and

      (d) Do not work a regular schedule or are requested to work for a shift at a time.

      Sec. 154. NRS 286.421 is hereby amended to read as follows:

      286.421  1.  A public employer that elected to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, shall continue to do so, but a public employer may not elect to pay those contributions on behalf of its employees on or after July 1, 1983.

      2.  An employee of a public employer that did not elect to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, may elect to:

      (a) Pay the contribution required by subsection 1 of NRS 286.410 on the employee’s own behalf; or

      (b) Have the employee’s portion of the contribution paid by the employee’s employer pursuant to the provisions of NRS 286.425.

 


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      3.  Except for any person chosen by election or appointment to serve in an elective office of a political subdivision or as a district judge , a judge of the Court of Appeals or a justice of the Supreme Court of this State:

      (a) Payment of the employee’s portion of the contributions pursuant to subsection 1 must be:

             (1) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or

             (2) Counterbalanced by equivalent reductions in employees’ salaries.

      (b) The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of any officer or judge described in this subsection, any contribution made by the public employer on the officer’s or judge’s behalf does not affect the officer’s or judge’s compensation but is an added special payment.

      4.  Employee contributions made by a public employer must be deposited in either the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon the member’s termination.

      5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by the member’s public employer must not be cancelled upon the termination of the member’s service.

      6.  If an employer is paying the basic contribution on behalf of an employee, the total contribution rate, in lieu of the amounts required by subsection 1 of NRS 286.410 and NRS 286.450, must be:

      (a) The total contribution rate for employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.

      (b) Except as otherwise provided in subsection 7, adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.

      7.  The total contribution rate for employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 6 if:

      (a) The existing rate is lower than the actuarially determined rate but is within one-half of 1 percent of the actuarially determined rate.

      (b) The existing rate is higher than the actuarially determined rate but is within 2 percent of the actuarially determined rate. If the existing rate is more than 2 percent higher than the actuarially determined rate, the existing rate must be reduced by the amount by which it exceeds 2 percent above the actuarially determined rate.

      8.  For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

 


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      9.  Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the Police and Firefighters’ Retirement Fund on and after July 1, 1981.

      Sec. 155. NRS 286.6703 is hereby amended to read as follows:

      286.6703  1.  A person may submit a judgment, decree or order of a district court , the Court of Appeals or the Supreme Court of the State of Nevada relating to child support, alimony or the disposition of community property to the Executive Officer or the designee of the Executive Officer for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the System all or a portion of the allowance or benefit of a member or a retired employee.

      2.  The judgment, decree or order submitted to the Executive Officer must be signed by a district judge , the judges of the Court of Appeals or by the justices of the Supreme Court and entered and certified by the clerk of the district court or the Clerk of the Supreme Court.

      3.  The Executive Officer or the designee of the Executive Officer shall, in accordance with rules prescribed by the Board, determine whether the judgment, decree or order entitles the alternate payee to receive an allowance or benefit from the System. An alternate payee is entitled to receive an allowance or benefit from the System if the judgment, decree or order:

      (a) Specifies clearly the names and last known mailing addresses, if any, of the member or retired employee and the alternate payee;

      (b) Specifies clearly the amount, percentage or manner of determining the amount of the allowance or benefit of the member or retired employee that must be paid by the System to each alternate payee;

      (c) Specifically directs the System to pay an allowance or benefit to the alternate payee;

      (d) Does not require the System to provide an allowance or benefit or any option not otherwise provided under this chapter; and

      (e) Does not require the payment of an allowance or benefit to an alternate payee before the retirement of a member or the distribution to or withdrawal of contributions by a member.

      4.  For purposes of this subsection, “alternate payee” means a spouse, former spouse, child or other dependent of a member or retired employee who, pursuant to a judgment, decree or order relating to child support, alimony or the disposition of community property, is entitled to receive all or a portion of the allowance or benefit of a member or retired member from the System.

      Sec. 156. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      For the purposes of elections only, the Secretary of State shall establish designations which separately identify each office of judge of the Court of Appeals. Before any person is allowed to file a declaration of candidacy for the office of judge of the Court of Appeals, the person shall designate the particular office for which he or she is declaring candidacy.

      Sec. 157. NRS 293.0643 is hereby amended to read as follows:

      293.0643  “Judicial officer” means any justice of the Supreme Court, any judge of the Court of Appeals, any judge of a district court or any justice of the peace.

      Sec. 158. NRS 293.109 is hereby amended to read as follows:

      293.109  “State officer” means:

      1.  The Governor;

      2.  The Lieutenant Governor;

 


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      3.  The Secretary of State;

      4.  The State Treasurer;

      5.  The State Controller;

      6.  The Attorney General;

      7.  A justice of the Supreme Court;

      8.  A judge of the Court of Appeals;

      9.  A State Senator;

      [9.]10.  A State Assemblyman or Assemblywoman;

      [10.]11.  A regent of the University of Nevada;

      [11.]12.  A member of the State Board of Education; or

      [12.]13.  A district judge.

      Sec. 159. NRS 293.175 is hereby amended to read as follows:

      293.175  1.  The primary election must be held on the second Tuesday in June of each even-numbered year.

      2.  Candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election.

      3.  Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.

      4.  Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.

      5.  The provisions of NRS 293.175 to 293.203, inclusive, and section 156 of this act do not apply to:

      (a) Special elections to fill vacancies.

      (b) The nomination of the officers of incorporated cities.

      (c) The nomination of district officers whose nomination is otherwise provided for by statute.

      Sec. 160. NRS 293.260 is hereby amended to read as follows:

      293.260  1.  Where there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

      2.  If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

      3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his or her name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

      4.  If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office:

      (a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his or her name must be placed on the ballot for the general election.

 


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majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his or her name must be placed on the ballot for the general election.

      (b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

      5.  Where no more than the number of candidates to be elected have filed for nomination for:

      (a) Any partisan office , the office of judge of the Court of Appeals or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election;

      (b) Any nonpartisan office, other than the office of justice of the Supreme Court , office of judge of the Court of Appeals or the office of member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his or her name must be placed on the ballot for the general election; and

      (c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.

      6.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 161. NRS 293.407 is hereby amended to read as follows:

      293.407  1.  A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.

      2.  Except where the contest involves the general election for the office of Governor, Lieutenant Governor, Assemblyman, Assemblywoman, State Senator , [or] justice of the Supreme Court [,] or judge of the Court of Appeals, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, must, within the time prescribed in NRS 293.413, file with the clerk of the district court a written statement of contest, setting forth:

      (a) The name of the contestant and that the contestant is a registered voter of the political subdivision in which the election to be contested or part of it was held;

      (b) The name of the defendant;

      (c) The office to which the defendant was declared elected;

      (d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and

      (e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.

      3.  The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.

 


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      4.  All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.

      Sec. 162. NRS 293.430 is hereby amended to read as follows:

      293.430  1.  If the contest is of the general election for the office of Governor, Lieutenant Governor , [or] justice of the Supreme Court [,] or judge of the Court of Appeals, the statement of contest and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for filing statements of contests with the clerk of the district court.

      2.  Until the contest is decided, the candidate who received the highest number of votes for the office in the contested election must be seated and commence the duties of the office.

      3.  The Secretary of State shall deliver the statement of contest and all other papers and documents to the speaker of the assembly on the day of the organization of the Legislature.

      4.  A joint session of both houses must be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.

      5.  If, before the contest has been decided, a contestant gives written notice to the Secretary of State that the contestant wishes to withdraw his or her statement of contest, the Secretary of State shall dismiss the contest.

      Sec. 163. NRS 309.220 is hereby amended to read as follows:

      309.220  1.  Upon the hearing of such petition, the court shall examine all the proceedings sought to be confirmed and may ratify, approve and confirm the petition or any part thereof, and when an apportionment of benefits is examined, all objections thereto, including those made at the hearing before the board, must be set up in the answer and heard by the court.

      2.  The court shall disregard every error, irregularity or omission which does not affect substantial rights of any party, and if the court finds that the apportionment is, as to any substantial matter, erroneous or unjust, the apportionment must not be returned to the board, but the court shall proceed to correct the apportionment so as to conform to this chapter and the rights of all parties in the premises, and the final judgment may approve and confirm the proceedings in whole or in part.

      3.  A certified copy of the final judgment must be filed in the Office of the State Engineer and recorded in the office of the recorder of the county or counties in which any of the lands within the district are situated. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds, the district may again undertake proceedings for the issuance of bonds and have the bonds confirmed as provided in this section.

      4.  The cost of the proceedings in court may be allowed and apportioned among the parties thereto in the discretion of the court.

      5.  Any person aggrieved at any decree of confirmation entered by the district court may move for a new trial as provided by the Nevada Rules of Civil Procedure and may, within 30 days after the entry of the decree of confirmation, appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, and all proceedings in the nature of appeals or rehearings may be had as in any ordinary civil action, except as otherwise provided in this section.

 


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      Sec. 164. NRS 325.060 is hereby amended to read as follows:

      325.060  1.  Should two or more persons, companies, corporations or associations claim adversely the title to any lot, lots or parcels of land within the boundaries of such city or town, the corporate authorities, the judge of the district court having entered the same, or any one of his or her successors in office shall, immediately after the time for filing claims has expired, either by force of NRS 325.050 or 325.140, certify and transmit all proceedings and papers had or being before them, him or her in the premises to the district court of the county in which the lot, lots or parcels of land are situated.

      2.  Upon the receipt of the papers and proceedings, properly certified, and upon payment of court fees and costs, the clerk of the district court shall:

      (a) Enter the case upon the register of actions. The name of the claimant whose claim was first filed with and by the corporate authorities or the judge of the district court shall be entered upon the register of actions as plaintiff, and the name or names of the other claimant or claimants who filed adversely shall be entered as defendant or defendants.

      (b) Serve upon each claimant or his or her agent or attorney a written notice that the claim of such claimant is contested. The notice shall specify the particular lot, block or parcel so contested and the name of the adverse claimant.

Ê Thereafter, the cause shall proceed in all respects as in cases originally brought in the district court.

      3.  Any party in the action deeming himself or herself aggrieved by the determination or judgment of the district court may appeal therefrom to the [Supreme Court,] appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, as in other cases.

      4.  Upon the final determination of the contest, the clerk of the district court or the clerk of the supreme court, as the case may be, forthwith shall certify the decision to the corporate authorities or the judge of the district court. Upon receipt of the decision, duly certified, the corporate authorities or the judge of the district court shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made a conveyance in fee simple for the lot, lots or parcels of land awarded in the decision.

      Sec. 165. NRS 331.140 is hereby amended to read as follows:

      331.140  1.  The Administrator shall take proper care to prevent any unlawful activity on or damage to any state property under the supervision and control of the Administrator, and to protect the safety of any persons on that property.

      2.  The Director of the Department of Public Safety shall appoint to the Capitol Police Division of that Department such personnel as may be necessary to assist the Administrator and the Buildings and Grounds Section in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the Buildings and Grounds Operating Fund.

      3.  Personnel of the Capitol Police Division who are assigned to protect the safety of the justices of the Supreme Court and the judges of the Court of Appeals have the authority to provide any necessary security services, at the request of the Court Administrator, to the justices of the Supreme Court and the judges of the Court of Appeals while the justices or judges are performing work duties at any location in this State.

 


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performing work duties at any location in this State. No money may be expended from the Buildings and Grounds Operating Fund for such security services unless the money has been specifically appropriated for such a purpose.

      Sec. 166. NRS 345.010 is hereby amended to read as follows:

      345.010  Upon publication of the Statutes of Nevada, the Director of the Legislative Counsel Bureau shall distribute them without charge as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the Supreme Court Law Library, two copies.

      3.  To each justice of the Supreme Court, Clerk of the Supreme Court, judge of the Court of Appeals, district judge, county clerk, district attorney, justice of the peace and municipal judge in this State, one copy.

      4.  To each public library in this State, one copy.

      5.  To each library in the Nevada System of Higher Education, one copy.

      6.  To the Nevada Historical Society, one copy.

      7.  Upon request, to any state, county or municipal officer.

      Sec. 167. NRS 345.020 is hereby amended to read as follows:

      345.020  Upon receipt of copies of each volume of Nevada Reports from the State Printer, the Director of the Legislative Counsel Bureau shall distribute them without charge as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  The Supreme Court Law Library, two copies.

      3.  To each justice of the Supreme Court, Clerk of the Supreme Court, judge of the Court of Appeals, district judge, district attorney, county clerk, justice of the peace and municipal judge in this State, one copy.

      4.  To each public library in this State, one copy.

      5.  To each library in the Nevada System of Higher Education, one copy.

      6.  To the Nevada Historical Society, one copy.

      7.  Upon request, to any state, county or municipal officer.

      Sec. 168. NRS 345.040 is hereby amended to read as follows:

      345.040  1.  The Legislative Counsel Bureau shall stamp or mark all books to be distributed, as provided by law, to Supreme Court justices, judges of the Court of Appeals, district judges, state, county and municipal officers, justices of the peace and municipal judges as follows: “State property, to be turned over to your successor in office.”

      2.  Each person who receives a book so distributed shall retain the book for the use of the person’s office and deliver all books so received to the person’s successor in office, who shall give his or her receipt therefor.

      3.  The Legislative Counsel Bureau shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in its office. Except as otherwise provided in NRS 3.160, the Legislative Counsel Bureau shall not supply a missing or second volume other than at the price established pursuant to NRS 345.050.

      Sec. 169. NRS 422.279 is hereby amended to read as follows:

      422.279  1.  Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court.

 


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evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

      2.  The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.

      3.  The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional, regulatory or statutory provisions;

      (b) In excess of the statutory authority of the Department;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      4.  An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.

      Sec. 170. NRS 422A.300 is hereby amended to read as follows:

      422A.300  1.  Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

      2.  The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.

      3.  The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:

 


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for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional, regulatory or statutory provisions;

      (b) In excess of the statutory authority of the Department;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      4.  An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.

      Sec. 171. NRS 428.093 is hereby amended to read as follows:

      428.093  1.  A person who is denied by a county medical or financial assistance pursuant to this chapter may appeal that denial in accordance with procedures adopted by the county. Each county shall adopt procedures for appeals which comply with the requirements of this section.

      2.  The procedures must provide for adequate notice to the person denied assistance and the opportunity for a hearing. Any employee or other representative of the county who investigated or made the initial decision to deny assistance shall not participate in any decision made pursuant to the hearing.

      3.  A decision adverse to the person denied assistance must be in writing and set forth the factual basis for the decision and the applicable regulation. A copy of the decision must be served personally or by certified mail upon each party and the representative of each party.

      4.  A person aggrieved by the final decision of the county may, within 30 days after the date on which the written notice of the decision is served or mailed, petition the district court where the person resides to review the decision. The court shall review the decision on the record of the case before the county, a copy of which must be certified as correct by the county and filed with the court as part of its answer to the petition.

      5.  Before the date set by the court for a hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the county, the court may order that the additional evidence be taken before the county upon conditions determined by the court. The county may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

      6.  The review must be conducted by the court without a jury and must be confined to the record. The court, at the request of a party, may hear oral arguments and receive written briefs.

      7.  The court shall not substitute its judgment for that of the county as to the weight of the evidence on questions of fact. The court may affirm the decision of the county or remand the case for further proceedings. The court may reverse the decision and remand the case to the county for further proceedings if it determines that substantial rights of the appellant have been prejudiced because the county’s findings, inferences, conclusions or decisions are:

 


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may reverse the decision and remand the case to the county for further proceedings if it determines that substantial rights of the appellant have been prejudiced because the county’s findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional, statutory or regulatory provisions;

      (b) In excess of the statutory authority of the county;

      (c) Made in accordance with an unlawful procedure;

      (d) Affected by other errors of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary and capricious.

      8.  An aggrieved party may appeal any final judgment of the district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner as a civil case.

      Sec. 172. NRS 442.2555 is hereby amended to read as follows:

      442.2555  1.  If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary. The compensation and expenses of the attorney are a charge against the county as provided in the following schedule:

      (a) For consultation, research and other time reasonably spent on the matter, except court appearances, $20 per hour.

      (b) For court appearances, $30 per hour.

      2.  The petition must set forth the initials of the minor, the age of the minor, the estimated number of weeks elapsed from the probable time of conception, and whether maturity, emancipation, notification detrimental to the minor’s best interests or a combination thereof are relied upon in avoidance of the notification required by NRS 442.255. The petition must be initialed by the minor.

      3.  A hearing on the merits of the petition, on the record, must be held as soon as possible and within 5 judicial days after the filing of the petition. At the hearing the court shall hear evidence relating to:

      (a) The minor’s emotional development, maturity, intellect and understanding;

      (b) The minor’s degree of financial independence and degree of emancipation from parental authority;

      (c) The minor’s best interests relative to parental involvement in the decision whether to undergo an abortion; and

      (d) Any other evidence that the court may find useful in determining whether the minor is entitled to avoid parental notification.

      4.  In the decree, the court shall, for good cause:

      (a) Grant the petition, and give judicial authorization to permit a physician to perform an abortion without the notification required in NRS 442.255; or

      (b) Deny the petition, setting forth the grounds on which the petition is denied.

      5.  An appeal from an order issued under subsection 4 may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [,] pursuant to Section 4 of Article 6 of the Nevada Constitution, which shall suspend the Nevada Rules of Appellate Procedure pursuant to NRAP 2 to provide for an expedited appeal.

 


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pursuant to NRAP 2 to provide for an expedited appeal. The notice of intent to appeal must be given within 1 judicial day after the issuance of the order. The record on appeal must be perfected within 5 judicial days after the filing of the notice of appeal and transmitted to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court. The [Court,] appellate court of competent jurisdiction, shall, by court order or rule, provide for a confidential and expedited appellate review of cases appealed under this section.

      Sec. 173. NRS 463.318 is hereby amended to read as follows:

      463.318  1.  Any party aggrieved by the final decision in the district court after a review of the decision and order of the Commission may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases. The [Supreme Court] appellate court of competent jurisdiction shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.

      2.  The judicial review by the district court and [Supreme Courts] the appellate court of competent jurisdiction afforded in this chapter is the exclusive method of review of the Commission’s actions, decisions and orders in disciplinary hearings held pursuant to NRS 463.310 to 463.3145, inclusive. Judicial review is not available for actions, decisions and orders of the Commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common-law writs or equitable proceedings are available except where statutory judicial review is made exclusive or is precluded, or the use of those writs or proceedings is precluded by specific statute.

      Sec. 174. NRS 463.3668 is hereby amended to read as follows:

      463.3668  1.  Any party aggrieved by the final decision in the district court after a review of the decision and order of the Board or the hearing examiner may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases. The [Supreme Court] appellate court of competent jurisdiction shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.

      2.  The judicial review by the district court and [Supreme Courts] the appellate court of competent jurisdiction afforded in this chapter is the exclusive method of review of any actions, decisions and orders in hearings held pursuant to NRS 463.361 to 463.366, inclusive. Judicial review is not available for extraordinary common-law writs or equitable proceedings.

      3.  The party requesting judicial review shall bear all of the costs of transcribing the proceedings before the Board or the hearing examiner and of transmitting the record on review.

      Sec. 175. NRS 463A.230 is hereby amended to read as follows:

      463A.230  Any party aggrieved by the final decision in the district court after a review of the Commission decision and order may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases.

 


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in civil cases. The [Supreme Court] appellate court of competent jurisdiction shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law shall warrant.

      Sec. 176. NRS 482.374 is hereby amended to read as follows:

      482.374  1.  Except as otherwise provided in a special act, the Department shall furnish to each State Senator, State Assemblyman and State Assemblywoman a special license plate or plates showing on the face thereof, in the case of the Senators, “State Senator,” together with the designated number showing the seniority of the Senator in the Senate, and, in the case of the members of the Assembly, “State Assemblyman” or “State Assemblywoman,” as appropriate, together with the designated number showing the seniority of that member in the Assembly. If two or more Legislators have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by Legislators having the same seniority before January 1, 1971, must be maintained in the same sequence.

      2.  The Department shall furnish to each justice of the Supreme Court a special license plate or plates showing on the face thereof “Supreme Court Justice,” together with the designated number showing the seniority of the justice. If two or more justices have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.

      3.  The Department shall furnish to each judge of the Court of Appeals a special license plate or plates showing on thereof “Court of Appeals Judge,” together with the designated number showing the seniority of the judge. If two or more judges have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.

      4.  The Department shall issue the license plates described in this section and a duplicate set of those plates to the State Legislators , judges of the Court of Appeals and justices of the Supreme Court upon payment of the license fees set forth in NRS 482.3745.

      Sec. 177. NRS 533.200 is hereby amended to read as follows:

      533.200  Appeals from such decree may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution by the State Engineer or any party in interest in the same manner and with the same effect as in civil cases, except as to the following matters. Notice of appeal shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the State Engineer as provided in NRS 533.170, and all claimants or water users who have not filed exceptions or objections to the final order of determination or appeared in the cause by an attorney shall be served with a copy of notice of appeal by the service of a copy thereof on the Attorney General as their process agent.

      Sec. 178. NRS 533.220 is hereby amended to read as follows:

      533.220  1.  From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer’s assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court. Such officers and each of them shall, at all times, be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.

 


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be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.

      2.  Upon the neglect or refusal of any claimant to the use of water as provided in this chapter to carry out or abide by an order or decision of the State Engineer acting as an officer of the court, the State Engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the order and decision should not be complied with.

      3.  The order to show cause shall be personally served on the claimant or claimants complained of, who shall appear and show cause on the day fixed in the court’s order so to do.

      4.  The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present his or her case.

      5.  Appeals from the judgment may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in like manner as appeals in other civil cases; but notice of appeal must be served and filed within 40 days from the entry of judgment.

      Sec. 179. NRS 533.310 is hereby amended to read as follows:

      533.310  1.  On any stream in this state on which the water rights have been adjudicated and determined and the final decree therefor entered, as between all persons who claimed the right to the use of the waters of such stream, in a suit brought in the district court having jurisdiction of such stream and in which suit the adjudication and determination was not had in the manner provided in NRS 533.090 to 533.265, inclusive, and thereafter one or more of the parties as users of such adjudicated and determined rights or their successors in interest desire that the State Engineer take charge of the diversions and distribution of such rights and administer them in conformity with the final decree of the court, they may petition the district court which entered the decree requesting such administration.

      2.  Upon the filing of such petition, the district court shall direct that notice of the filing of the petition shall be given to each water user or claimant to a water right listed in the final decree. The notice shall be an order to show cause on the day fixed in the order by the court, which day shall not be less than 10 days nor more than 25 days from and after the date of issuance thereof, and which order shall direct the person or persons therein named to attend before the court on that day and show cause, if any they or each of them may have, why the petition should not be granted. The court shall designate the form and direct the preparation of the order or orders to show cause and by its order direct the manner, mode and the payment of the cost of the service thereof.

      3.  For the purpose of the hearing on the petition, such petition shall be deemed in the nature of a complaint. Objections of the water users or claimants, or any of them, to the granting of the petition shall be in writing signed by such users or claimants, or by any attorneys thereof. No other pleading shall be filed. Costs shall be paid as in civil cases brought in the district court, except by the State Engineer or the State. The practice in civil cases shall apply insofar as consistent with the summary character of the proceedings. The State Engineer shall be given notice of and, in person or by assistant or deputy state engineer, shall attend upon the hearing of the petition.

 


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      4.  The court, prior to the final determination of the matter, may, by an order duly entered and served upon the State Engineer, direct the State Engineer to make a hydrographic survey of the stream system and to render to the court a written report, together with such maps and other necessary data as will enable the court to determine whether or not administration of such water rights by the State Engineer would be in the best interest of the water users.

      5.  If the district court finally determines the matter affirmatively, the court shall, by its judgment duly entered and served on the State Engineer, direct the State Engineer to distribute such waters in strict accordance with the decree, and from and after the filing of such judgment in the district court and service thereof on the State Engineer the administration of the decree and the distribution of the water thereunder shall be under the supervision and control of the district court, and the State Engineer, the State Engineer’s deputies, assistants and water commissioners, when engaged in the administration of the final decree and the distribution of the water thereunder, shall be deemed officers of the district court only and subject only to its supervision and control.

      6.  Appeals may be taken from the judgment so entered to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner and within the time as provided in NRS 533.450.

      Sec. 180. NRS 533.450 is hereby amended to read as follows:

      533.450  1.  Any person feeling aggrieved by any order or decision of the State Engineer, acting in person or through the assistants of the State Engineer or the water commissioner, affecting the person’s interests, when the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, or NRS 533.481, 534.193, 535.200 or 536.200, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree. The order or decision of the State Engineer remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.

      2.  The proceedings in every case must be heard by the court, and must be informal and summary, but full opportunity to be heard must be had before judgment is pronounced.

      3.  No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioner’s interests, has been served upon the State Engineer, personally or by registered or certified mail, at the Office of the State Engineer at the State Capital within 30 days following the rendition of the order or decision in question. A similar notice must also be served personally or by registered or certified mail upon the person who may have been affected by the order or decision.

      4.  Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified.

 


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by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript must be furnished on demand, at actual cost, to any person affected by the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.

      5.  An order or decision of the State Engineer must not be stayed unless the petitioner files a written motion for a stay with the court and serves the motion personally or by registered or certified mail upon the State Engineer, the applicant or other real party in interest and each party of record within 10 days after the petitioner files the petition for judicial review. Any party may oppose the motion and the petitioner may reply to any such opposition. In determining whether to grant or deny the motion for a stay, the court shall consider:

      (a) Whether any nonmoving party to the proceeding may incur any harm or hardship if the stay is granted;

      (b) Whether the petitioner may incur any irreparable harm if the stay is denied;

      (c) The likelihood of success of the petitioner on the merits; and

      (d) Any potential harm to the members of the public if the stay is granted.

      6.  Except as otherwise provided in this subsection, the petitioner must file a bond in an amount determined by the court, with sureties satisfactory to the court and conditioned in the manner specified by the court. The bond must be filed within 5 days after the court determines the amount of the bond pursuant to this subsection. If the petitioner fails to file the bond within that period, the stay is automatically denied. A bond must not be required for a public agency of this State or a political subdivision of this State.

      7.  Costs must be paid as in civil cases brought in the district court, except by the State Engineer or the State.

      8.  The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.

      9.  Appeals may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the judgment of the district court in the same manner as in other civil cases.

      10.  The decision of the State Engineer is prima facie correct, and the burden of proof is upon the party attacking the same.

      11.  Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, the State Engineer shall request the Attorney General to appear and protect the interests of the State.

      Sec. 181. NRS 533.455 is hereby amended to read as follows:

      533.455  1.  Whenever a decree determining and adjudicating the relative rights of the claimants to the use of water of a stream or stream system has been entered in the district court pursuant to the provisions of this chapter, and the decree becomes final and the State Engineer has brought in that court any proceeding, either civil or of a criminal nature, concerning the administration of and for the enforcement of the provisions of the decree, and wherein the validity of the decree or any of its provisions is drawn in question by adversary parties and the decision or judgment of the court is that the decree or a part thereof is invalid, the State Engineer shall be deemed a party in interest with the right to take an appeal from such decision or judgment to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.]

 


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judgment to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution.

      2.  Such appeal may be taken in the same manner as appeals in civil cases.

      Sec. 182. NRS 541.080 is hereby amended to read as follows:

      541.080  1.  At any time after the filing of a petition for the organization of a water conservancy district and not less than 10 days before the time fixed by the order of court for the hearing upon the petition, and not thereafter, a petition may be filed in the office of the clerk of the court wherein the proceeding for the creation of the district is pending, signed by not fewer than 25 percent of the owners of the lands in the proposed district, but not embraced within the limits of any city or town, the aggregate assessed value of which, together with improvements thereon, is not less than 25 percent of the total assessed value of land, together with the improvements thereon, within the proposed district situated outside such limits, and also signed by not fewer than 25 percent of the owners of lands embraced within the limits of each city and town in the proposed district, protesting the creation of the district. The signers of the protesting petition shall state therein the land owned by each, and shall also state the value thereof as shown by the last preceding assessment. The term “owners of land,” as used in this subsection with reference to persons outside the limits of a city or town within the district, means those persons who own 5 acres or more of real estate, and the term “owners of land,” as used in this subsection with reference to persons within a city or town, means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.

      2.  If a petitioner signs the petition both as owner of land situated within a municipality, and owner of land situated without a municipality, his or her name may be counted only as an owner of land situated without a municipality.

      3.  Upon the filing of such protesting petition, the clerk of the court forthwith shall make as many certified copies thereof, including the signatures thereto, as there are counties in which any part of the proposed district extends, and forthwith shall place in the hands of the county treasurer of each such county one of the certified copies. Thereupon, each of the county treasurers shall determine from the tax rolls of the county in his or her hands and shall certify to the district court under the official seal of the county treasurer, before the day fixed for the hearing as aforesaid, the total valuation of the several tracts of land listed in the protest, situated in the proposed district within the county. Upon the day set for the hearing upon the original petition, if it appears to the court from such certificate or certificates, and from such other evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands and of the requisite value as set forth in this section, the court shall thereupon dismiss the protesting petition and shall proceed with the original hearing as provided in this section.

      4.  If the court finds from the evidence that the protesting petition is signed by the requisite number of owners of lands and of the requisite values, the court shall forthwith dismiss the original petition praying for the creation of the district. The finding and order of the court upon the question of such total valuation, the genuineness of the signatures, and all matters of law and fact incident to such determination is conclusive on all parties in interest, whether appearing or not, unless within 30 days after entry of the order or dismissal an appeal is taken to the [Supreme Court] appellate court of competent jurisdiction as provided in subsection 10.

 


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fact incident to such determination is conclusive on all parties in interest, whether appearing or not, unless within 30 days after entry of the order or dismissal an appeal is taken to the [Supreme Court] appellate court of competent jurisdiction as provided in subsection 10.

      5.  Any owner of real property in the proposed district desiring to object to the organization and incorporation of the district, may, on or before the date set for the cause to be heard, file objection to the organization and incorporation of the district. Such objection must be limited to a denial of the statements in the petition and must be heard by the court as an advanced case without unnecessary delay. On the final hearing of the petition the court shall define and establish the boundaries of the district.

      6.  Upon the hearing, if it appears that a petition for the organization of a water conservancy district has been presented, in conformity with this chapter, and that the allegations of the petition are true and that no protesting petition has been filed or if filed has been dismissed as provided in this section, the court shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it must thereafter be known, and thereupon the district is a political subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.

      7.  In such a decree the court shall designate the place where the office or principal place of the district must be located, which must be within the corporate limits of the district, and which may be changed by order of the board from time to time. The regular meetings of the board must be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district must be kept at the office so established.

      8.  If the court finds that no petition has been presented in conformity with this chapter, or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the county that filed the petition. An appeal to the [Supreme Court] appellate court of competent jurisdiction from the order of dismissal may be taken as provided in subsection 10. Nothing in this section prevents the filing of a subsequent petition or petitions for similar improvements or for a similar water conservancy district, and the right so to renew such proceedings is hereby expressly granted and authorized.

      9.  If an order is entered establishing the district, the order is final and conclusively establishes the regular organization of the district against all persons, unless an appeal is taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution or quo warranto proceedings attacking the order are instituted on behalf of the State of Nevada by the Attorney General. The organization of the district may not be directly or collaterally questioned in any suit, action or proceedings except as expressly authorized in this section.

      10.  Any petitioner, protestant or objector is entitled to appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order of the district court entered pursuant to this section. Such appeals must be taken within 30 days after the entry of the order in accordance with the Nevada Rules of Appellate Procedure.

 


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ê2013 Statutes of Nevada, Page 1792 (Chapter 343, SB 463)ê

 

      Sec. 183. NRS 612.530 is hereby amended to read as follows:

      612.530  1.  Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.

      2.  In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must be served upon the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant.

      3.  With the Administrator’s answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review’s findings of fact and decision therein. The Administrator may certify to the court questions of law involved in any decision.

      4.  In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.

      5.  Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      6.  An appeal may be taken from the decision of the district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of Nevada pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.

      7.  It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal.

      8.  Upon the final determination of the judicial proceeding, the Board of Review shall enter an order in accordance with the determination.

      9.  A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders.

      Sec. 184. NRS 612.640 is hereby amended to read as follows:

      612.640  Appeals may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within 60 days from the entry of judgment.

      Sec. 185. NRS 612.645 is hereby amended to read as follows:

      612.645  1.  In all proceedings under NRS 612.625 to 612.640, inclusive, the Unemployment Compensation Service shall be authorized to act in its name on behalf of the State of Nevada.

      2.  No costs or filing fees shall be charged to the State of Nevada in any proceedings brought under any provision of NRS 612.625 to 612.640, inclusive, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.]

 


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ê2013 Statutes of Nevada, Page 1793 (Chapter 343, SB 463)ê

 

inclusive, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court [.] pursuant to Section 4 of Article 6 of the Nevada Constitution.

      Sec. 186. NRS 613.435 is hereby amended to read as follows:

      613.435  1.  The [Supreme Court] appellate court of competent jurisdiction shall, with regard to an appeal from a final judgment in an action for age discrimination in employment brought pursuant to NRS 613.420 or 29 U.S.C. §§ 621-634, provide by rule for the filing of briefs within 6 months after the date of entry of the judgment. The [Supreme Court] appellate court of competent jurisdiction for good cause shown may grant an extension of time for the filing of such briefs.

      2.  Unless good cause is shown for a later hearing, the [Supreme Court] appellate court of competent jurisdiction shall, with regard to an appeal to which subsection 1 applies, set the appeal for argument on a date within 60 days after the expiration of the period for filing briefs.

      Sec. 187. NRS 614.040 is hereby amended to read as follows:

      614.040  1.  The award being filed in the clerk’s office of the district court, as provided in NRS 614.030, it shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of 10 days from such filing, unless within such 10 days either party shall file exceptions thereto for matter of law apparent on the record, in which case the award shall go into practical operation and judgment shall be entered accordingly when such exceptions shall have been finally disposed of either by the district court or on appeal therefrom.

      2.  At the expiration of 10 days from the decision of the district court upon exception taken to the award as stated in subsection 1, judgment shall be entered in accordance with the decision, unless during the 10 days either party shall appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of the State of Nevada [.] pursuant to Section 4 of Article 6 of the Nevada Constitution. In such case only such portion of the record shall be transmitted to the [Supreme Court] appellate court of competent jurisdiction as is necessary to a proper understanding and consideration of the questions of law presented by the exceptions and to be decided.

      3.  The determination of the [Supreme Court] appellate court of competent jurisdiction upon the questions shall be final, and, being certified by the clerk thereof to the district court, judgment pursuant thereto shall thereupon be entered by the district court.

      4.  If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.

      Sec. 188. NRS 616A.455 is hereby amended to read as follows:

      616A.455  1.  Except as otherwise provided in subsection 3, the Nevada Attorney for Injured Workers shall, when appointed by an appeals officer or the Administrator, represent without charge a claimant before the appeals officer, Administrator, district court , Court of Appeals or Supreme Court.

 


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ê2013 Statutes of Nevada, Page 1794 (Chapter 343, SB 463)ê

 

Court. In addition, the Nevada Attorney for Injured Workers may give advice regarding a claimant’s rights before a hearing officer and the procedure for enforcing those rights.

      2.  When representing a claimant, the Nevada Attorney for Injured Workers shall:

      (a) Advise the claimant and present the claimant’s case to the appeals officer or Administrator; and

      (b) Present in the district court or [Supreme Court] the appellate court of competent jurisdiction an appeal from the decision of the appeals officer or Administrator if, in the opinion of the Nevada Attorney for Injured Workers, the appeal is merited.

      3.  If the Nevada Attorney for Injured Workers determines, in accordance with the guidelines adopted pursuant to subsection 4, that a claim is frivolous or lacks merit, he or she may refuse to represent a claimant.

      4.  The Nevada Attorney for Injured Workers shall establish the policies to be followed in determining whether a claim is frivolous or lacks merit.

      Sec. 189. NRS 616C.065 is hereby amended to read as follows:

      616C.065  1.  Except as otherwise provided in NRS 616C.136, within 30 days after the insurer has been notified of an industrial accident, every insurer shall:

      (a) Accept a claim for compensation, notify the claimant or the person acting on behalf of the claimant that the claim has been accepted and commence payment of the claim; or

      (b) Deny the claim and notify the claimant or the person acting on behalf of the claimant and the Administrator that the claim has been denied.

      2.  If an insurer is ordered by the Administrator, a hearing officer, an appeals officer, a district court , the Court of Appeals or the Supreme Court of Nevada to make a new determination, including, without limitation, a new determination regarding the acceptance or denial of a claim for compensation, the insurer shall make the new determination within 30 days after the date on which the insurer has been ordered to do so.

      3.  Payments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim.

      4.  Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the Administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to the claimant with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of NRS 616C.136.

      5.  The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 or 2 by:

      (a) Mailing its written determination to the claimant or the person acting on behalf of the claimant; and

      (b) If the claim has been denied, in whole or in part, obtaining a certificate of mailing.

 


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ê2013 Statutes of Nevada, Page 1795 (Chapter 343, SB 463)ê

 

      6.  The failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection 5 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section.

      7.  The failure of the insurer to indicate the acceptance or denial of a claim for a part of the body or condition does not constitute a denial or acceptance thereof.

      8.  Upon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant.

      9.  For the purposes of this section, the insurer shall mail the written determination to:

      (a) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or

      (b) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address.

      10.  As used in this section, “certificate of mailing” means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.

      Sec. 190. NRS 624.510 is hereby amended to read as follows:

      624.510  1.  Except as otherwise provided in NRS 624.490 and subsection 2, an injured person is eligible for recovery from the account if the Board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.

      2.  An injured person is not eligible for recovery from the account if:

      (a) The injured person is the spouse of the licensee, or a personal representative of the spouse of the licensee;

      (b) The injured person was associated in a business relationship with the licensee other than the contract at issue; or

      (c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300.

      3.  If the Board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490, the Board or its designee may pay out of the account:

      (a) The amount of actual damages suffered, but not to exceed $35,000; or

      (b) If a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $35,000.

      4.  The decision of the Board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.

      5.  If the injured person has recovered a portion of his or her loss from sources other than the account, the Board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

      6.  To the extent of payments made from the account, the Board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The Board and the Attorney General shall promptly enforce all subrogation claims.

 


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ê2013 Statutes of Nevada, Page 1796 (Chapter 343, SB 463)ê

 

      7.  The amount of recovery from the account based upon claims made against any single contractor must not exceed $400,000.

      8.  As used in this section, “actual damages” includes attorney’s fees or costs in contested cases appealed to the [Supreme Court of this State.] appellate court of competent jurisdiction. The term does not include any other attorney’s fees or costs.

      Sec. 191. NRS 696B.190 is hereby amended to read as follows:

      696B.190  1.  The district court has original jurisdiction of delinquency proceedings under NRS 696B.010 to 696B.565, inclusive, and any court with jurisdiction may make all necessary or proper orders to carry out the purposes of those sections.

      2.  The venue of delinquency proceedings against a domestic insurer must be in the county in this state of the insurer’s principal place of business or, if the principal place of business is located in another state, in any county in this state selected by the Commissioner for the purpose. The venue of proceedings against foreign insurers must be in any county in this state selected by the Commissioner for the purpose.

      3.  At any time after commencement of a proceeding, the Commissioner or any other party may apply to the court for an order changing the venue of, and removing, the proceeding to any other county of this state in which the proceeding may most conveniently, economically and efficiently be conducted.

      4.  No court has jurisdiction to entertain, hear or determine any petition or complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or for an injunction or restraining order or other relief preliminary, incidental or relating to such proceedings, other than in accordance with NRS 696B.010 to 696B.565, inclusive.

      5.  An appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may be taken from any court granting or refusing rehabilitation, liquidation, conservation or receivership, and from every order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein.

      Sec. 192. NRS 703.376 is hereby amended to read as follows:

      703.376  Any party to the action, within 60 days after the service of a copy of the order or judgment of the district court, may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution as in other civil cases.

      Sec. 193.  This act becomes effective on January 1, 2015, if Senate Joint Resolution No. 14 of the 76th Session of the Nevada Legislature is agreed to and passed by the 2013 Legislature and approved and ratified by the voters at the 2014 Election.

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ê2013 Statutes of Nevada, Page 1797ê

 

CHAPTER 344, SB 466

Senate Bill No. 466–Committee on Finance

 

CHAPTER 344

 

[Approved: June 1, 2013]

 

AN ACT relating to programs of nutrition; transferring authority over programs of nutrition from the Department of Education to the Director of the State Department of Agriculture; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Education administers certain programs which provide food or nutritional education and assistance to persons in this State. (NRS 385.109, 387.070-387.105) This bill transfers authority over such programs from the Department of Education to the Director of the State Department of Agriculture.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385.109 is hereby amended to read as follows:

      385.109  The [State Board] Director of the State Department of Agriculture shall:

      1.  Cooperate with the Aging and Disability Services Division of the Department of Health and Human Services in the planning of programs whereby the school districts may prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the operation of school lunch programs; and

      2.  Adopt regulations containing guidelines for boards of trustees of school districts entering into such agreements.

      Sec. 2.  Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3. As used in NRS 387.070 to 387.105, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 387.070 and section 4 of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Director” means the Director of the State Department of Agriculture.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 387.070 is hereby amended to read as follows:

      387.070  [As used in NRS 387.070 to 387.105, inclusive, “program] “Program of nutrition” means a program under which food is served to or nutritional education and assistance are provided for children and adults by any public school, private school or public or private institution on a nonprofit basis, including any such program for which assistance may be made available out of money appropriated by the Congress of the United States. The term includes, but is not limited to, a school lunch program.

 


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ê2013 Statutes of Nevada, Page 1798 (Chapter 344, SB 466)ê

 

      Sec. 7. NRS 387.075 is hereby amended to read as follows:

      387.075  1.  The [State Board of Education] Director may accept and adopt regulations or establish policies for the disbursement of money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with programs of nutrition.

      2.  The [Superintendent of Public Instruction] Director shall deposit with the State Treasurer all money received from the Federal Government or from other sources for programs of nutrition.

      Sec. 8. NRS 387.080 is hereby amended to read as follows:

      387.080  1.  The [State Board] Director may enter into agreements with any agency of the Federal Government, the Department, the State Board, any board of trustees of a school district, any governing body of a charter school or any other entity or person. The [State Board] Director may establish policies and prescribe regulations, authorize the employment of such personnel and take such other action as it considers necessary to provide for the establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.

      2.  The State Treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the State Controller issued upon the order of the [Superintendent of Public Instruction] Director pursuant to regulations or policies of the State [Board.] Department of Agriculture.

      3.  The [Superintendent of Public Instruction] Director may:

      (a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of nutrition.

      (b) Assist in training personnel engaged in the operation of any program of nutrition.

      Sec. 9. NRS 387.090 is hereby amended to read as follows:

      387.090  The board of trustees of each school district and the governing body of each charter school may:

      1.  Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.

      2.  Use therefor money disbursed to them pursuant to the provisions of NRS 387.070 to 387.105, inclusive, and sections 3, 4 and 5 of this act, gifts, donations and other money received from the sale of food under those programs.

      3.  Deposit the money in one or more accounts in one or more banks or credit unions within the State.

      4.  Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.

      Sec. 10. NRS 387.100 is hereby amended to read as follows:

      387.100  The [State Board of Education] Director may, to the extent that money is available for that purpose, and in cooperation with other appropriate agencies and organizations:

      1.  Conduct studies of methods of improving and expanding programs of nutrition and promoting nutritional education in the public schools.

      2.  Conduct appraisals of the nutritive benefits of programs of nutrition.

      Sec. 11. NRS 387.105 is hereby amended to read as follows:

      387.105  1.  To enable the [State Board] Director to provide for the establishment, maintenance, operation and expansion of programs of nutrition, money must be provided by legislative appropriation from the General Fund as a budgeted part of the appropriation for the support of the State Department of Agriculture and must be paid out on claims as other claims against the State are paid.

 


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ê2013 Statutes of Nevada, Page 1799 (Chapter 344, SB 466)ê

 

General Fund as a budgeted part of the appropriation for the support of the State Department of Agriculture and must be paid out on claims as other claims against the State are paid.

      2.  In addition to the amounts provided pursuant to subsection 1, money must be provided by legislative appropriation in an amount that satisfies the amount required as a matching grant from this State for participation in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq., which must be designated as the “Nutrition State Match.” [For those school districts that participate in the National School Lunch Program, the amount appropriated must be a reduction in the total amount of basic support calculated for those school districts pursuant to NRS 387.1233 and must be distributed in accordance with NRS 387.124.] Each school district receiving money that is designated as a “Nutrition State Match” shall verify that the money is used to support the National School Lunch Program in the public schools located within the school district.

      Sec. 12. (Deleted by amendment.)

      Sec. 13.  1.  Notwithstanding the amendatory provisions of sections 1, 7 and 8 of this act transferring authority to adopt regulations from the State Board of Education to the Director of the State Department of Agriculture, any regulations adopted by the State Board of Education pursuant to NRS 385.109, 387.075 and 387.080 before July 1, 2013, remain in effect and may be enforced by the State Department of Agriculture until the Director of the Department adopts regulations to repeal or replace those regulations.

      2.  Notwithstanding the amendatory provisions of section 8 of this act transferring authority to enter into agreements from the State Board of Education to the Director of the State Department of Agriculture, any agreement entered into by the State Board of Education pursuant to NRS 387.080 before July 1, 2013, remains in effect and may be enforced by the State Department of Agriculture.

      Sec. 14.  Any balance of money appropriated to the Department of Education pursuant to NRS 387.105 that remains on June 30, 2013, must be transferred on July 1, 2013, to an account in the State General Fund administered by the Director of the State Department of Agriculture for the purposes of carrying out the provisions of NRS 387.105, as amended by section 11 of this act.

      Sec. 15.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 16.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 1800ê

 

CHAPTER 345, SB 469

Senate Bill No. 469–Committee on Finance

 

CHAPTER 345

 

[Approved: June 1, 2013]

 

AN ACT relating to governmental administration; transferring the State Dairy Commission from the Department of Business and Industry to the State Department of Agriculture; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the State Dairy Commission within the Department of Business and Industry. (NRS 584.031) This bill transfers the Commission from the Department of Business and Industry to the State Department of Agriculture.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 584.031 is hereby amended to read as follows:

      584.031  The State Dairy Commission, consisting of three members, is hereby created within the State Department of [Business and Industry.] Agriculture.

      Sec. 2. NRS 584.043 is hereby amended to read as follows:

      584.043  1.  The [Commission shall appoint an Executive Director, who shall serve ex officio as its Secretary.] Director of the State Department of Agriculture shall appoint a person as Manager of Operations of the Commission.

      2.  The Manager of Operations serves ex officio as Executive Director [may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of the provisions of this chapter, prescribe their duties and fix their salaries.

      3.  The Executive Director is in the unclassified service of the State. All assistants, deputies, agents, experts and other employees are in the classified service.

      4.  The Executive Director may be removed by the Commission.] and Secretary of the Commission.

      Sec. 3. NRS 584.049 is hereby amended to read as follows:

      584.049  The State Department of Agriculture, including the Commission , is hereby declared to be the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative intent expressed in this chapter, and is hereby vested with the administrative authority described in this chapter.

      Sec. 4. NRS 289.290 is hereby amended to read as follows:

      289.290  1.  A person designated by the Director of the State Department of Agriculture as a field agent or an inspector pursuant to subsection 2 of NRS 561.225 has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop a vehicle in the enforcement of the provisions of titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.

 


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ê2013 Statutes of Nevada, Page 1801 (Chapter 345, SB 469)ê

 

      2.  An officer appointed by the Nevada Junior Livestock Show Board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the Board conducts.

      3.  In carrying out the provisions of chapter 565 of NRS, an inspector of the State Department of Agriculture has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure.

      Sec. 5. NRS 561.225 is hereby amended to read as follows:

      561.225  1.  The Director shall appoint such technical, clerical and operational staff as the execution of the Director’s duties and the operation of the Department may require.

      2.  The Director may designate such department personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS. The provisions of this subsection do not authorize any department personnel so designated by the Director to retire from the Public Employees’ Retirement System before having attained the minimum service retirement age of 60 years.

      Sec. 6. NRS 561.285 is hereby amended to read as follows:

      561.285  1.  Except as otherwise provided in subsection 2, the Department may collect and disseminate, throughout the State, information calculated to educate and benefit the general public and the livestock and agricultural industries of the State of Nevada, and information pertaining to any program administered by the Department.

      2.  Except as otherwise provided in NRS 239.0115 and 571.160, all proprietary information concerning:

      (a) Numbers of animals;

      (b) The quantity of production;

      (c) Fiscal or tax matters; or

      (d) The security of any facility,

Ê which specifically relates to a natural person, company, corporation or other nonpublic entity, and which is collected by the Department pursuant to the provisions of titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS, is confidential.

      Sec. 7.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 1802ê

 

CHAPTER 346, SB 478

Senate Bill No. 478–Committee on Finance

 

CHAPTER 346

 

[Approved: June 1, 2013]

 

AN ACT relating to offenders; requiring the Director of the Department of Corrections to provide certain information to the Committee on Industrial Programs; requiring private employers who enter into contracts for the employment of offenders to comply with certain requirements; revising the membership of the Committee; revising the duties of the Committee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Corrections to establish programs for the employment of offenders who are committed to the custody of the Department. (NRS 209.459, 209.461) Section 1 of this bill requires the Director to: (1) provide to the Committee on Industrial Programs certain information concerning the potential impacts the employment of offenders may have on private employers and labor in this State; and (2) submit any contract regarding such employment to the State Board of Examiners for approval. Section 1.3 of this bill additionally requires: (1) the Director to submit to the Director of the Legislative Counsel Bureau a report every 5 years concerning contracts with private employers for the employment of offenders and the impacts such employment may have on private industry; (2) the Director to appear before the Committee and submit certain information if a state-sponsored program for the employment of offenders does not operate profitably under certain circumstances; and (3) all private employers who contract for the employment of offenders to comply with certain requirements.

      Existing law establishes the Committee on Industrial Programs and directs the Committee to review and report on certain issues relating to programs for the employment of offenders. (NRS 209.4817, 209.4818) Section 1.7 of this bill adds to the Committee an additional member representing organized labor in this State. Section 2 of this bill: (1) requires the Committee to review and make recommendations on certain information concerning any proposed new contract with a private employer for the employment of offenders; and (2) revises provisions relating to the review of state-sponsored industrial programs for profitability.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 209.459 is hereby amended to read as follows:

      209.459  1.  The Director shall :

      (a) Submit a report to the Committee on Industrial Programs identifying the potential impacts of any new program for the employment of offenders on private employers and labor in this State. In preparing such a report, the Director shall include any information required pursuant to paragraph (b) of subsection 7 of NRS 209.461 and must perform due diligence in obtaining such information from:

             (1) The Department of Employment, Training and Rehabilitation;

             (2) The Department of Business and Industry;

             (3) The Office of Economic Development; and

 


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ê2013 Statutes of Nevada, Page 1803 (Chapter 346, SB 478)ê

 

             (4) Representatives of organized labor in this State.

      (b) Seek and present the recommendations of the Committee on Industrial Programs to the Board of State Prison Commissioners and, with the approval of the Board of State Prison Commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the Department or by private employers.

      2.  Before any new program for the employment of offenders is established pursuant to this section, the Director shall submit any contract related to the employment of such offenders to the State Board of Examiners for approval.

      Sec. 1.3. NRS 209.461 is hereby amended to read as follows:

      209.461  1.  The Director shall:

      (a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.

      (b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the Director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The Director shall require as a condition of employment that an offender sign an authorization for the deductions from his or her wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.

      (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.

      (d) Provide equipment, space and management for services and manufacturing by offenders.

      (e) Employ craftsmen and other personnel to supervise and instruct offenders.

      (f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the State and with local governments.

      (g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

      (h) On or before January 1, 2014, and every 5 years thereafter, submit a report to the Director of the Legislative Counsel Bureau for distribution to the Committee on Industrial Programs. The report must include, without limitation, an analysis of existing contracts with private employers for the employment of offenders and the potential impact of those contracts on private industry in this State.

      (i) Submit a report to each meeting of the Interim Finance Committee identifying any accounts receivable related to a program for the employment of offenders.

      2.  Every program for the employment of offenders established by the Director must:

 

 


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ê2013 Statutes of Nevada, Page 1804 (Chapter 346, SB 478)ê

 

      (a) Employ the maximum number of offenders possible;

      (b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;

      (c) Have an insignificant effect on the number of jobs available to the residents of this State; and

      (d) Provide occupational training for offenders.

      3.  An offender may not engage in vocational training, employment or a business that requires or permits the offender to:

      (a) Telemarket or conduct opinion polls by telephone; or

      (b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.

      4.  Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the Director must result in a profit for the Department. The following must not be included in determining whether there is a profit for the Department:

      (a) Fees credited to the Fund for Prison Industries pursuant to NRS 482.268, any revenue collected by the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.

      (b) The selling expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

      (c) The general and administrative expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, “general and administrative expenses” means the salary of the Deputy Director of Industrial Programs and the salaries of any other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.

      5.  If any state-sponsored program incurs a net loss for 2 consecutive fiscal years, the Director shall appear before the Committee on Industrial Programs to explain the reasons for the net loss and provide a plan for the generation of a profit in the next fiscal year. If the program does not generate a profit in the third fiscal year, the Director shall take appropriate steps to resolve the issue.

      6.  Except as otherwise provided in subsection 3, the Director may, with the approval of the Board:

      (a) Lease spaces and facilities within any institution of the Department to private employers to be used for the vocational training and employment of offenders.

      (b) Grant to reliable offenders the privilege of leaving institutions or facilities of the Department at certain times for the purpose of vocational training or employment.

      [6.]7.  Before entering into any contract with a private employer for the employment of offenders pursuant to subsection 1, the Director shall obtain from the private employer:

      (a) A personal guarantee to secure an amount fixed by the Director but not less than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director but not less than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract, or a security agreement to secure any debt, obligation or other liability of the private employer under the contract, including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department.

 


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ê2013 Statutes of Nevada, Page 1805 (Chapter 346, SB 478)ê

 

surety bond made payable to the State of Nevada in an amount fixed by the Director but not less than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract, or a security agreement to secure any debt, obligation or other liability of the private employer under the contract, including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department.

      (b) A detailed written analysis on the estimated impact of the contract on private industry in this State. The written analysis must include, without limitation:

             (1) The number of private companies in this State currently providing the types of products and services offered in the proposed contract.

             (2) The number of residents of this State currently employed by such private companies.

             (3) The number of offenders that would be employed under the contract.

             (4) The skills that the offenders would acquire under the contract.

      8.  The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.

      9.  As used in this section, “state-sponsored program” means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.

      Sec. 1.7. NRS 209.4817 is hereby amended to read as follows:

      209.4817  1.  The Committee on Industrial Programs is hereby created.

      2.  The Committee consists of the Director of the Department, the Administrator of the Purchasing Division of the Department of Administration and [eight] nine regular members appointed by the Interim Finance Committee as follows:

      (a) Two members of the Senate.

      (b) Two members of the Assembly.

      (c) Two persons who represent manufacturing in this State.

      (d) One person who represents business in this State.

      (e) [One person] Two persons who [represents] represent organized labor in this State.

      3.  The regular members of the Committee shall select a Chair from among their membership.

      4.  Each regular member of the Committee appointed by the Interim Finance Committee must be appointed to a term of 2 years and may be reappointed.

      5.  At the first meeting of the Committee following each regular session of the Legislature, the Chair of the Committee may appoint [eight] nine alternate members to serve in the place of regular members who are unable to attend a meeting or perform their duties, as follows:

      (a) Two members of the Senate, each of whom may serve in the place of a member of the Senate appointed pursuant to paragraph (a) of subsection 2.

 


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      (b) Two members of the Assembly, each of whom may serve in the place of a regular member of the Assembly appointed pursuant to paragraph (b) of subsection 2.

      (c) Two persons who represent manufacturing in this State, each of whom may serve in the place of a person appointed pursuant to paragraph (c) of subsection 2.

      (d) One person who represents business in this State, who may serve in the place of the person appointed pursuant to paragraph (d) of subsection 2.

      (e) [One person] Two persons who [represents] represent organized labor in this State, [who] each of whom may serve in the place of [the] a person appointed pursuant to paragraph (e) of subsection 2.

Ê Each alternate member appointed by the Chair must be appointed to a term of 2 years and may be reappointed.

      6.  Except during a regular or special session of the Legislature, each Legislator who is a regular member or an alternate member of the Committee is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which the Legislator attends a meeting of the Committee or is otherwise engaged in the work of the Committee. Each nonlegislative regular member or alternate member appointed by the Interim Finance Committee or the Chair of the Committee on Industrial Programs is entitled to receive compensation for the member’s service on the Committee on Industrial Programs in the same amount and manner as the legislative regular members or alternate members whether or not the Legislature is in session. Each nonlegislative regular member or alternate member of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each Legislator who is a regular member or an alternate member of the Committee is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218A.655. All compensation, allowances and travel expenses must be paid from the Fund for Prison Industries.

      Sec. 2. NRS 209.4818 is hereby amended to read as follows:

      209.4818  1.  The Committee on Industrial Programs shall:

      (a) Be informed on issues and developments relating to industrial programs for correctional institutions;

      (b) Submit a semiannual report to the Interim Finance Committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;

      (c) Report to the Legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;

      (d) Meet at least quarterly and at the call of the Chair to review the operation of current and proposed industrial programs;

      (e) Recommend three persons to the Director for appointment as the Deputy Director for Industrial Programs whenever a vacancy exists;

      (f) Before any new industrial program is established by the Director , [in an institution of the Department,] review the proposed program for compliance with the requirements of subsections 2, 3 , [and] 4 and 7 of NRS 209.461 and submit to the Director its recommendations concerning the proposed program; and

      (g) Review each state-sponsored industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably.

 


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ê2013 Statutes of Nevada, Page 1807 (Chapter 346, SB 478)ê

 

operating profitably. [within 3 years after its establishment.] If the Committee determines that a program [is not operating profitably within 3 years after its establishment,] has incurred a net loss in 3 consecutive fiscal years, the Committee shall report its finding to the Director with a recommendation regarding whether the program should be continued or terminated. If the Director does not accept the recommendation of the Committee, the Director shall submit a written report to the Committee setting forth his or her reasons for rejecting the recommendation.

      2.  Upon the request of the Committee on Industrial Programs, the Director and the Deputy Director for Industrial Programs shall provide to the Committee any information that the Committee determines is relevant to the performance of the duties of the Committee.

      3.  As used in this section, “state-sponsored industry program” means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 347, SB 498

Senate Bill No. 498–Committee on Commerce, Labor and Energy

 

CHAPTER 347

 

[Approved: June 1, 2013]

 

AN ACT relating to telecommunication services; revising provisions relating to telecommunications; requiring the Public Utilities Commission of Nevada to establish certain procedures for contracting with an independent administrator for purposes relating to certain telephone services; authorizing certain telecommunication providers to access, under certain circumstances, certain databases created and maintained by the Department of Health and Human Services for purposes relating to certain telephone services; authorizing an independent administrator to access, under certain circumstances, such databases and databases of other state agencies for purposes relating to certain telephone services; repealing certain provisions relating to telecommunication providers; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Public Utilities Commission of Nevada to regulate public utilities that provide telecommunication service to the public. (Chapter 704 of NRS) Existing law also provides certain rights and obligations to all telecommunication providers. (NRS 704.040-704.060) Section 1 of this bill requires the Commission to establish by regulation certain procedures for contracting with an independent administrator who will certify or recertify the eligibility of customers for lifeline service, a Federal Government benefit program that provides discounts on monthly telephone service for eligible low-income customers.

      Section 1.3 of this bill authorizes certain telecommunication providers to access databases created and maintained by the Department of Health and Human Services for the exclusive purpose of determining or verifying the status of an eligible customer. Section 1.3 also provides that such access by telecommunication providers must be prohibited after such time as an independent administrator is selected and is able to inform eligible providers of the status of their customers’ eligibility to receive lifeline service.

 


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ê2013 Statutes of Nevada, Page 1808 (Chapter 347, SB 498)ê

 

able to inform eligible providers of the status of their customers’ eligibility to receive lifeline service. Section 1.3 further provides that an independent administrator who is selected pursuant to section 1 may access the database created and maintained by the Department and, to the extent authorized by state and federal law, any other database created and maintained by any other state agency for the purpose of determining or verifying the status of an eligible customer.

      Existing law requires that the Department provide each eligible telecommunication provider with a list of eligible customers, as determined by criteria adopted by the Commission or the Federal Communications Commission. (NRS 707.470) Existing law also requires that an eligible telecommunication provider notify an eligible customer that he or she will receive lifeline or link up services unless the eligible customer specifically declines to receive the services. (NRS 707.480) Section 2 of this bill repeals these requirements.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 704.040 is hereby amended to read as follows:

      704.040  1.  Every public utility shall furnish reasonably adequate service and facilities. Subject to the provisions of subsection 3, the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

      2.  Every unjust and unreasonable charge for service of a public utility is unlawful.

      3.  Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive:

      (a) A competitive supplier is exempt from any provision of this chapter governing the rates, prices, terms and conditions of any telecommunication service.

      (b) A small-scale provider of last resort is subject to the provisions of this chapter, NRS 427A.797 and chapter 707 of NRS.

      4.  All telecommunication providers which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.

      5.  To maintain the availability of telephone service in accordance with the regulations adopted pursuant to NRS 704.6873, the Commission shall provide for the levy and collection of a uniform and equitable assessment, in an amount determined by the Commission, from all persons furnishing intrastate telecommunication service or the functional equivalent of such service through any form of telephony technology, unless the levy and collection of the assessment with regard to a particular form of technology is prohibited by federal law. Assessments levied and collected pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission. [Money in the fund must be used for the sole purpose of maintaining the availability of telephone service.]

      6.  The Commission shall by regulation establish:

 


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ê2013 Statutes of Nevada, Page 1809 (Chapter 347, SB 498)ê

 

      (a) The procedure for contracting with an independent administrator who will certify or recertify the eligibility of customers for lifeline service as defined in NRS 707.450, including:

             (1) The selection of the independent administrator pursuant to open competitive bidding procedures established by the Commission; and

             (2) The duties of the independent administrator which must be promulgated in advance of conducting the initial request for proposal for the independent administrator.

      (b) The duties of the independent administrator which must:

             (1) Be determined by criteria adopted by the Commission or the Federal Communications Commission;

             (2) Provide for the independent administrator to be able to accomplish all functions necessary for interfacing with the National Lifeline Accountability Database when it is established and operational pursuant to 47 C.F.R. § 54.404 and any other national eligibility database for eligible telecommunication providers; and

             (3) Require the independent administrator to be responsible for informing eligible telecommunications providers of the status of their customers’ eligibility to receive lifeline service as defined in NRS 707.450.

      7.  To implement the requirements of subsections 5 and 6, the Commission:

      (a) May select a single entity to perform the duties of subsections 5 and 6; and

      (b) Is authorized to use the fund set forth in subsection 5 for the sole purpose of maintaining the availability of telephone service as set forth in subsections 5 and 6.

      Sec. 1.3. Chapter 707 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Until an independent administrator is selected pursuant to NRS 704.040, an eligible provider may access any database, if one exists, that is created and maintained by the Department for the exclusive purpose of determining or verifying the status of an eligible customer. Such access by an eligible provider is subject to the rules and regulations of the Department and is prohibited:

      (a) For any purpose other than the purpose described in this subsection; and

      (b) After an independent administrator is selected pursuant to NRS 704.040 and the independent administrator is able to inform eligible providers of the status of their customers’ eligibility to receive lifeline service.

      2.  An independent administrator selected pursuant to NRS 704.040 may access any database described in subsection 1 and, to the extent authorized by state and federal law, access any other database, if one exists, that is created and maintained by any other state agency for the exclusive purpose of determining or verifying the status of an eligible customer.

      Sec. 1.7. NRS 707.400 is hereby amended to read as follows:

      707.400  As used in NRS 707.400 to 707.500, inclusive, and section 1.3 of this act, the words and terms defined in NRS 707.410 to 707.460, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2.  1.  NRS 707.470 is hereby repealed.

      2.  NRS 707.480 is hereby repealed.

 


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ê2013 Statutes of Nevada, Page 1810 (Chapter 347, SB 498)ê

 

      Sec. 3.  The Public Utilities Commission of Nevada shall adopt the regulations required by NRS 704.040, as amended by section 1 of this act, on or before July 1, 2014.

      Sec. 4.  1.  This section and section 1, subsection 2 of section 2, and section 3 of this act become effective on October 1, 2013.

      2.  Sections 1.3 and 1.7, and subsection 1 of section 2 of this act become effective on January 1, 2014.

________

CHAPTER 348, AB 494

Assembly Bill No. 494–Committee on Commerce and Labor

 

CHAPTER 348

 

[Approved: June 1, 2013]

 

AN ACT relating to the Nevada State Funeral Board; revising the name of the Board and provisions governing the powers, duties and membership of the Board; requiring the Board to submit certain reports to the Sunset Subcommittee of the Legislative Commission; requiring the expiration of the term of any member of the Board serving on October 1, 2013; requiring the termination of the employment of any employee of the Board employed on October 1, 2013; requiring the Board to maintain a principal office in this State; establishing a regulatory fee per written and signed agreement for funeral services to be furnished in this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Nevada State Funeral Board licenses and regulates funeral directors, embalmers, apprentice embalmers, the owners of funeral establishments and certain persons who conduct cremations and burials. (Chapter 642 of NRS) The Board also licenses and regulates the operators of crematories and cemeteries, and regulates certain aspects of the operation of cemeteries. (NRS 451.635, 451.640, 452.026, 452.310-452.590)

      Section 1 of this bill renames the Board as the Nevada Funeral and Cemetery Services Board and revises the composition of the Board.

      Existing law requires the Board to meet at least once every year and authorizes the Board to hold special meetings if the proper discharge of its duties requires. (NRS 642.050) Section 2 of this bill instead requires the Board to meet at least once every calendar quarter.

      Existing law authorizes the Board to maintain offices in as many localities in this State as it finds necessary and to employ attorneys, investigators and other professional consultants and clerical personnel necessary to discharge its duties. (NRS 642.055) Section 3 of this bill requires the Board to: (1) maintain a principal office in this State; (2) employ an Executive Director and inspectors in addition to the personnel that the Board is required by existing law to employ; (3) maintain certain documents in its principal office; (4) establish minimum qualifications for the Executive Director, attorneys, investigators, inspectors and other employees of the Board; and (5) maintain an Internet website and post on the website the minutes of its meetings, notices and any other documents prepared by the Board for public information purposes.

 


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ê2013 Statutes of Nevada, Page 1811 (Chapter 348, AB 494)ê

 

      Section 5 of this bill requires the Board to charge and collect a regulatory fee for each written and signed agreement for funeral services to be furnished in this State, payable only once with respect to the remains of a deceased person.

      Section 6 of this bill provides that the term of any current member of the Board expires on October 1, 2013, and provides for the appointment of new membership. Section 6 also provides for the termination of the employment of any person employed by the Board on October 1, 2013, and requires the employment by the Board of new staff on or before December 31, 2013.

      Section 7 of this bill requires the Board to prepare and submit a written report of its activities to the Sunset Subcommittee of the Legislative Commission every 6 months until the 78th Session of the Nevada Legislature convenes.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 642.020 is hereby amended to read as follows:

      642.020  1.  The Nevada [State] Funeral and Cemetery Services Board, consisting of [five] seven members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) [One member] Two members who [is] are actively engaged as a funeral director [and] or embalmer.

      (b) One member who is actively engaged as an operator of a cemetery.

      (c) One member who is actively engaged in the operation of a crematory.

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

      3.  No member of the Board who is a representative of the general public may:

      (a) Be the holder of a license or certificate issued by the Board or be an applicant or former applicant for such a license or certificate.

      (b) Be related within the third degree of consanguinity or affinity to the holder of a license or certificate issued by the Board.

      (c) Be employed by the holder of a license or certificate issued by the Board.

      4.  After the initial terms, members of the Board serve terms of 4 years, except when appointed to fill unexpired terms.

      5.  The Chair of the Board must be chosen from the members of the Board who are representatives of the general public.

      Sec. 2. NRS 642.050 is hereby amended to read as follows:

      642.050  1.  The Board shall meet at least once every [year,] calendar quarter, and may also hold special meetings, if the proper discharge of its duties requires, at a time and place to be fixed by the rules and bylaws of the Board. The rules and bylaws of the Board must provide for the giving of timely notice of all special meetings to all members of the Board and to all applicants for licenses or certificates.

      2.  Four of the members of the Board at any meeting may organize and constitute a quorum for the transaction of business.

      Sec. 3. NRS 642.055 is hereby amended to read as follows:

      642.055  The Board [may:] shall:

      1.  Maintain a principal office in this State, and such other offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter and chapters 451 and 452 of NRS.

 


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ê2013 Statutes of Nevada, Page 1812 (Chapter 348, AB 494)ê

 

      2.  Employ an Executive Director and attorneys, investigators , inspectors and other professional consultants and clerical personnel necessary to the discharge of its duties.

      3.  Maintain all financial records, records relating to licenses, certificates and permits, meeting minutes, notices and other public documents of the Board in its principal office.

      4.  Establish minimum qualifications for the Executive Director, attorneys, investigators, inspectors, and other professional consultants and clerical personnel employed by the Board.

      5.  Maintain an Internet website and post on that Internet website the minutes of its meetings, notices and any other documents prepared by the Board for public information purposes.

      Sec. 4. NRS 642.067 is hereby amended to read as follows:

      642.067  The Board [may inspect any premises in which the business of funeral directing is conducted or where embalming is practiced and, for that purpose, may] shall employ [a licensed embalmer of the State of Nevada as] an inspector to aid in the enforcement of this chapter and chapters 451 and 452 of NRS and the regulations adopted pursuant thereto, whose compensation and expenses [shall] must be paid out of the fees collected by the Board. The inspector shall, at least once every 2 years and at the direction of the Board, conduct an inspection of every premises in this State at which the business of funeral directing is conducted or embalming is practiced. A member of the Board shall not conduct any such inspection.

      Sec. 5. NRS 642.0696 is hereby amended to read as follows:

      642.0696  1.  In addition to the fees that the Board is authorized or required to collect pursuant to the provisions of a specific statute, the Board shall charge and collect the following fees:

 

Application for a license, certificate or permit..................................... $375

Examination for a license, certificate or permit....................................... 375

Renewal of a license, certificate or permit.............................................. 200

Late renewal of a license, certificate or permit....................................... 275

Placement of a license on inactive status............................................... 175

Reactivation of a license to active status............................................... 175

Reinstatement of a lapsed license........................................................... 300

Transfer of a license, certificate or permit to another location............ 225

Issuance of a duplicate license, certificate or permit.............................. 75

Provision of an administrative service...................................................... 75

Regulatory fee, per written and signed agreement for funeral services to be furnished in this State      10

 

      2.  The regulatory fee of $10 prescribed in subsection 1 may only be charged once with respect to the remains of a deceased person and only at such time as an agreement for funeral services is fully executed, regardless of:

      (a) The number of funeral services furnished;

      (b) Whether such funeral services are furnished by more than one holder of a license, certificate or permit issued by the Board; or

      (c) Whether a subsequent agreement for funeral services is executed.

 


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ê2013 Statutes of Nevada, Page 1813 (Chapter 348, AB 494)ê

 

      3.  As used in this section, “funeral services” means those services performed normally by funeral directors or funeral or mortuary parlors, including, without limitation, crematory and embalming services.

      Sec. 6.  1.  The term of any member of the Nevada State Funeral Board appointed pursuant to subsection 2 of NRS 642.020 serving on October 1, 2013, expires on that date.

      2.  As soon as practicable on or after October 1, 2013, the Governor shall appoint to the Nevada Funeral and Cemetery Services Board the members required to be appointed pursuant to subsection 2 of NRS 642.020, as amended by section 1 of this act.

      3.  The employment of any person employed by the Nevada State Funeral Board pursuant to subsection 2 of NRS 642.055 on October 1, 2013, must be terminated on that date.

      4.  The Nevada Funeral and Cemetery Services Board shall employ new staff pursuant to subsection 2 of NRS 642.055, as amended by section 3 of this act, on or before December 31, 2013.

      Sec. 7.  The Nevada Funeral and Cemetery Services Board created pursuant to NRS 642.020, as amended by section 1 of this act, shall, not later than 6 months after the appointment of all the members of the Board pursuant to section 6 of this act, and every 6 months thereafter until the 78th Session of the Nevada Legislature convenes, prepare and submit a written report of its activities, including the inspection of any premises at which the business of funeral directing is conducted or embalming is practiced, to the Sunset Subcommittee of the Legislative Commission created by NRS 232B.210. The report must include, without limitation, any minutes of meetings of the Board, any records kept and any documentation pertaining to the inspection of any premises at which the business of funeral directing is conducted or embalming is practiced.

      Sec. 8.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

________

CHAPTER 349, AB 9

Assembly Bill No. 9–Committee on Government Affairs

 

CHAPTER 349

 

[Approved: June 2, 2013]

 

AN ACT relating to the City of Reno; making various changes to the provisions of the Charter of the City of Reno relating to the Mayor, Assistant Mayor, City Council, City Manager and Civil Service Commission; providing for the creation and duties of a Charter Committee; authorizing the City Council to establish additional appointive positions for officers and employees of the City; repealing certain provisions relating to employment in the Civil Service System and authorizing the Civil Service Commission to provide for such matters by rule; making various other changes to the Charter; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      This bill amends various provisions of the Charter of the City of Reno. Sections 1 and 2 of this bill adopt certain definitions and rules of construction applicable to the Charter as a whole. Section 1.5 of this bill provides for the creation, membership and duties of a Charter Committee to make recommendations to the City Council regarding amendments to the Charter. Section 6 of this bill expands the prohibition against holding other employment or another office, which is applicable to the Mayor or a Council Member. Section 9 of this bill provides that certain provisions applicable to appointive officers also apply to appointive employees of the City. Section 15 of this bill authorizes the Mayor and any Council Member to waive the payment of any part of the salary or benefits otherwise payable to him or her and establishes the requirements for such a waiver. Section 27 of this bill prohibits the Mayor and Council Members from giving orders to any subordinate of the City Manager, or otherwise dealing directly with such a person.

      The existing provisions of the Charter permit the City Council to establish additional departments in the Municipal Court and thereby increase the number of Municipal Judges. (Reno City Charter § 4.010) Section 28 of this bill prohibits the Council from reducing the term of office of any Municipal Judge.

      Sections 31 and 32 of this bill revise provisions relating to the general city election to clarify that the election is to occur concurrently with the statewide general election. Section 34 of this bill establishes a procedure for determining a tie vote in any city election.

      Under existing law, various provisions governing the examination, appointment and transfer of employees in the Civil Service System are codified in the Charter. (Reno City Charter §§ 9.090, 9.190-9.250) Section 47 of this bill repeals those provisions, and section 43 of this bill provides that such matters are to be governed by the rules of the City’s Civil Service Commission. Section 44 of this bill expands the list of characteristics that may not affect appointment to or removal from a position in the Civil Service.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. The Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended by adding thereto new sections to be designated as sections 1.011, 1.012, 1.013, 1.014, 1.015, 1.016, 1.017, 1.018 and 1.019, respectively, immediately following section 1.010, to read as follows:

      Sec. 1.011  Definitions.  As used in this Charter, unless the context otherwise requires, the words and terms defined in sections 1.012 to 1.018, inclusive, have the meanings ascribed to them in those sections.

       Sec. 1.012  “Appointive employee” defined.  “Appointive employee” means a person who is appointed to a position described in subsection 4 of section 1.090.

       Sec. 1.013  “City” defined.  “City” means the City of Reno in Washoe County, Nevada.

       Sec. 1.014  “City Council” or “Council” defined.  “City Council” or “Council” means the governing body of the City.

       Sec. 1.015  “Civil Service” or “Civil Service System” defined.  “Civil Service” or “Civil Service System” means the system created by section 9.020.

 


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       Sec. 1.016  “Commission” defined.  “Commission” means the Civil Service Commission created by section 9.030.

       Sec. 1.017  “County” defined.  “County” means Washoe County, Nevada.

       Sec. 1.018  “State” defined.  “State” means the State of Nevada.

       Sec. 1.019  Construction of Charter.

       1.  Except where the context by clear implication otherwise requires, this Charter must be construed as follows:

       (a) The titles or leadlines which are applied to the articles and sections of this Charter are inserted only as a matter of convenience and ease in reference and are not intended to limit the scope or intent of any provision of this Charter.

       (b) Words in the singular number include the plural, and words in the plural include the singular number.

       (c) Words in the masculine gender include the feminine, and words in the neuter gender refer to any gender.

       2.  This Charter being necessary to secure and preserve the public health, safety, prosperity, security, comfort, convenience, general welfare and property of the residents of the City, it is expressly declared that it is the intent of the Legislature that each of the provisions of this Charter be liberally construed to effect the purposes and objects for which this Charter is intended, and the specific mention of particular powers must not be construed as limiting in any way the general powers which are necessary to carry out the purposes and objects of this Charter.

      Sec. 1.5. The Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended by adding thereto new sections to be designated as sections 1.140, 1.150 and 1.160, respectively, immediately following section 1.130, to read as follows:

       Sec. 1.140  Charter Committee: Appointment; terms; qualifications; vacancies; compensation.

       1.  The Charter Committee must be appointed as follows:

       (a) Each Council Member shall appoint one member;

       (b) The Mayor shall appoint one member;

       (c) The members of the Senate delegation representing the residents of the City and belonging to the majority party of the Senate shall appoint two members;

       (d) The members of the Senate delegation representing the residents of the City and belonging to the minority party of the Senate shall appoint one member;

       (e) The members of the Assembly delegation representing the residents of the City and belonging to the majority party of the Assembly shall appoint two members; and

       (f) The members of the Assembly delegation representing the residents of the City and belonging to the minority party of the Assembly shall appoint one member.

       2.  Each member of the Charter Committee:

       (a) If appointed by a Council Member or the Mayor, serves during the term of the person by whom he or she was appointed;

       (b) If appointed by members of the Senate delegation, serves a term of 4 years;

 


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       (c) If appointed by members of the Assembly delegation, serves a term of 2 years;

       (d) Must be a registered voter in the City; and

       (e) Must reside in the City during his or her term of office.

       3.  If a vacancy occurs on the Charter Committee, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.

       4.  Members of the Charter Committee are entitled to receive compensation, in an amount set by ordinance of the City Council, for each full meeting of the Charter Committee they attend.

       Sec. 1.150  Charter Committee: Officers; meetings; duties.  The Charter Committee shall:

       1.  Elect a Chair and Vice Chair from among its members, who each serve for a term of 2 years;

       2.  Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the City Council or the Chair of the Charter Committee;

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

       4.  If the City Council elects to submit the Charter Committee’s recommended amendments to the Legislature as one of the City’s bill draft requests, assist the City Council in the timely preparation of such amendments for presentation to the Legislature on behalf of the City;

       5.  If the City Council elects not to submit the Charter Committee’s recommended amendments to the Legislature as one of the City’s bill draft requests, seek sponsorship of a legislative measure by a member of the Senate or Assembly delegation representing the residents of the City and assist such member in the timely preparation of such amendments for presentation to the Legislature; and

       6.  Perform all functions and do all things necessary to accomplish the purposes for which it is established, including, but not limited to, holding meetings and public hearings, and obtaining assistance from City officers.

       Sec. 1.160  Charter Committee: Removal of member; grounds.  Any member of the Charter Committee may be removed by a majority of the remaining members of the Charter Committee for cause, including failure or refusal to perform the duties of the office, absence from three successive regular meetings or ceasing to meet any qualification for appointment to the Charter Committee.

      Sec. 2. Section 1.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended to read as follows:

       Section 1.010  [Preamble: Legislative intent.] Purpose; other laws.

       1.  In order to provide for the orderly government of the City of Reno and the general welfare of its citizens the Legislature hereby establishes this Charter for the government of the City of Reno.

 


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establishes this Charter for the government of the City of Reno. [It is expressly declared as the intent of the Legislature that all provisions of this Charter be liberally construed to carry out the express purposes of the Charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the Charter.]

       2.  Any powers expressly granted by this Charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this Charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this Charter apply to the City of Reno.

      Sec. 3. Section 1.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended to read as follows:

       Sec. 1.020  Incorporation of City.

       [1.]  All persons who are inhabitants of that portion of the State [of Nevada] embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Reno” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.

       [2.  Whenever used throughout this charter, “City” means the City of Reno.]

      Sec. 4. Section 1.030 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 482, Statutes of Nevada 1973, at page 714, is hereby amended to read as follows:

       Sec. 1.030  Description of territory.

       1.  The territory embraced in the City is that certain land described in the official plat required by NRS 234.250 to be filed with the County Recorder and County Assessor , [of Washoe County,] as such plat is amended from time to time.

       2.  The territory described in paragraph (a) of subsection 2 of section 1 of article I of chapter 180, Statutes of Nevada 1949, lying within the City [of Reno] is hereby detached from the City [of Reno] and is included within the boundaries of the City of Sparks.

      Sec. 5. Section 1.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 515, Statutes of Nevada 1997, at page 2452, is hereby amended to read as follows:

       Sec. 1.070  Elective offices: Vacancies.  Except as otherwise provided in NRS 268.325:

       1.  Except as otherwise provided in this section, a vacancy in the City Council or in the office of City Attorney or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In [such a case,] filling a prospective vacancy, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.

 


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       2.  The appointee shall serve until the next general municipal election and until his or her successor is elected and qualified. Notwithstanding the provisions of section 5.010 of this Charter to the contrary, the office must be filled by election at the next general municipal election. If that election is other than the election specified in section 5.010 of this Charter for the filing of the office, the election is only for the balance of the unexpired term for that office.

       3.  If a vacancy occurs in an office of City Council, in lieu of appointment, the City Council may, by resolution, declare a special election to fill the vacancy. The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this Charter.

      Sec. 6. Section 1.080 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1366, is hereby amended to read as follows:

       Sec. 1.080  Mayor and Council Members not to hold other office or employment.

       1.  The Mayor and Council Members shall not:

       (a) Hold any other elective or appointive office , [or employment with Washoe County or the City,] except as provided by law or as a member of a board or commission which is ancillary to the office of Mayor or Council Member and for which no compensation is received.

       (b) Hold any other employment with the County, the City or any other political subdivision of the State which is governed or advised by a board or commission to which the Mayor or Council Member may be appointed in the course of his or her duties as Mayor or Council Member.

       (c) Be appointed to any office or position created by or the compensation for which was increased or fixed by the City Council until 1 year after the expiration of the term for which [such person] the Mayor or Council Member was elected.

       2.  Any person who violates the provisions of subsection 1 shall automatically forfeit his or her office.

      Sec. 7. (Deleted by amendment.)

      Sec. 7.5. Section 1.090 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 210, Statutes of Nevada 1997, at page 734, is hereby amended to read as follows:

       Sec. 1.090  Appointive officers [.] and appointive employees.

       1.  The City Council shall provide for the appointment of a City Manager to perform the duties outlined in section 3.020. A vacancy in the office of City Manager must be filled within 6 months.

       2.  Applicants for the position of City Manager need not be residents of the City or State at the time of their appointment, except that applicants who are residents of the City and who have qualifications equal to those of nonresidents must be given preference in filling the position.

       3.  The City Council may establish such other appointive offices as it may deem necessary for the operation of the City by designating the position and the qualifications therefor by ordinance.

 


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the position and the qualifications therefor by ordinance. Appointive offices are limited to the head of each department or division except:

       (a) One immediate assistant for the Director of Public Works.

       (b) [Special technical staff members who report directly to the City Manager.

       (c)] In the Fire Department and Police Department, no positions below the office of Chief.

[Ê] 4.  Special technical staff members who report directly to the City Manager serve as appointive employees.

       5.  Appointment of [such] officers and employees pursuant to subsections 3 and 4 must be made by the City Manager, and the appointment of the Chief of Police and the Fire Chief must be confirmed by the City Council.

       [4.]6.  A City Clerk must be appointed by the City Council.

      Sec. 8. Section 1.100 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 210, Statutes of Nevada 1997, at page 734, is hereby amended to read as follows:

       Sec. 1.100  Appointive officers [:] and appointive employees: Miscellaneous provisions.

       1.  All appointive officers [,] and appointive employees, except the City Clerk and his or her deputy, shall perform such duties as [may be] are designated by the City Manager.

       2.  Any employee of the City holding a Civil Service rating under the City [and] who is appointed to any position provided for in section 1.090 does not lose his or her Civil Service rating while serving in that position.

       3.  [All appointive officers are entitled to all employment benefits to which Civil Service employees are entitled.

       4.]  The City Council may require from all other officers and employees of the City constituted or appointed under this Charter, except the Mayor and Council Members, sufficient security for the faithful and honest performance of their respective duties.

      Sec. 9. Section 1.110 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1964, is hereby amended to read as follows:

       Sec. 1.110  Appointive officers [:] and appointive employees: Duties; salary [.] ; benefits.

       1.  All appointive officers and appointive employees of the City, including those appointed by the City Council, except [the] :

       (a) The City Manager ;

       (b) The City Clerk and the chief deputy and the Manager of Record Systems appointed by the City Clerk pursuant to section 3.040;

       (c) Assistants appointed by the City Attorney pursuant to section 3.060; and [the]

       (d) The members of the City Board of Health and the City Health Officer, if the City administers the operations of the Board of Health,

Ê shall perform [such] their duties under the direction of the City Manager [, as may be] or as designated by the City Council [.] through the City Manager.

 


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       2.  All appointive officers and appointive employees of the City [shall receive such salary as may be] are entitled to the salary designated by the City Council [.] through the adoption of a resolution establishing the salary ranges applicable to each office and position.

       3.  All appointive officers and appointive employees are entitled to the employment benefits established by the applicable law of the State and to such other benefits as the City Council provides by resolution.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. Section 2.030 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1965, is hereby amended to read as follows:

       Sec. 2.030  City Council: Discipline of members, other persons; subpoena power.

       1.  The City Council may:

       (a) Provide for the punishment of the City Clerk or any member for disorderly conduct committed in its presence.

       (b) Order the attendance of witnesses and the production of all papers relating to any business before the City Council.

       2.  If any person ordered to appear before the City Council fails to obey such an order:

       (a) The City Council or any member thereof may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the City Council.

       (b) [Such Clerk] The clerk of the district court may issue the subpoena, and any peace officer may serve it.

       (c) If the person upon whom the subpoena is served fails to obey it, the court may issue an order to show cause why [such] the person should not be held in contempt of court and upon the hearing of the matter may adjudge [such] the person guilty of contempt and punish him or her accordingly.

      Sec. 12. Section 2.040 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 255, Statutes of Nevada 2001, at page 1131, is hereby amended to read as follows:

       Sec. 2.040  Meetings: Quorum.

       1.  The City Council shall hold not less than two regular meetings each month. The times and dates of [the] regular meetings must be established by [ordinance.] resolution.

       2.  Special meetings of the City Council may be held at the call of the Mayor.

       3.  Except as otherwise provided in NRS 241.0355, a majority of all the members of the City Council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

       [3.  Except as otherwise provided by law, all sessions and all proceedings of the City Council must be public.]

       4.  The meetings of the City Council must be conducted in accordance with chapter 241 of NRS.

      Sec. 13.  (Deleted by amendment.)

 


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      Sec. 14. Section 2.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 878, is hereby amended to read as follows:

       Sec. 2.070  Oaths and affirmations.  The Mayor, [Assistant] the Vice Mayor while acting in the place of the Mayor, each Council Member and the City Clerk may administer oaths and affirmations relating to any business pertaining to the City, before the City Council or to be considered by the City Council.

      Sec. 15. Section 2.080 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 599, Statutes of Nevada 1993, at page 2499, is hereby amended to read as follows:

       Sec. 2.080  Powers of City Council: Ordinances, resolutions and orders [.] ; waiver of salary and benefits.

       1.  The City Council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the Constitution of the State of Nevada, or to the provisions of Nevada Revised Statutes or of this Charter, necessary for the municipal government and the management of the affairs of the City, and for the execution of all the powers vested in the City.

       2.  When power is conferred upon the City Council to do and perform anything [,] and the manner of exercising such power is not specifically provided for, the City Council may provide by ordinance the manner and details necessary for the full exercise of such power.

       3.  The City Council may enforce ordinances by providing penalties not to exceed those established by the Legislature for misdemeanors.

       4.  The City Council shall have such powers, not in conflict with the express or implied provisions of this Charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.

       5.  Except as otherwise provided in this subsection [,] and subsection 6, the City Council shall not pass any ordinance or resolution increasing or diminishing the salary of any elective officer during the term for which he or she is elected or appointed. The City Council may pass an ordinance increasing the salary of a Municipal Judge during the term for which he or she is elected or appointed.

       6.  Except as otherwise prohibited or limited by statute or regulation or as otherwise provided in this subsection, the Mayor and any Council Member may waive the payment of any part of the salary and benefits otherwise payable to him or her during any budget year. Any such waiver must be in writing, does not extend beyond the current term of the Mayor or Council Member and may not be rescinded.

      Sec. 16. Section 2.090 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 878, is hereby amended to read as follows:

       Sec. 2.090  Ordinances: Passage by bill; amendments; subject matter; title requirements.

       1.  No ordinance may be passed except by bill and by a majority vote of the City Council. The style of all ordinances [shall] must be as follows: “The City Council of the City of Reno [do] does ordain:”.

 


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       2.  No ordinance [shall] may contain more than one general subject [, which shall] matter and matters which pertain to or are necessarily connected with the general subject matter, and the general subject must be briefly indicated in the title. Where the general subject of the ordinance is not so expressed in the title, the ordinance is void . [as to the matter not expressed in the title.]

       3.  Any ordinance which amends an existing ordinance [shall] must set out in full the ordinance or sections thereof to be amended, and [shall] must indicate matter to be omitted by enclosing it in brackets and [shall indicate] any new matter by underscoring or by italics.

      Sec. 17. Section 2.100 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1366, is hereby amended to read as follows:

       Sec. 2.100  Ordinances: Enactment procedure; emergency ordinances.

       1.  All proposed ordinances when first proposed must be [referred to a committee for consideration,] read to the City Council by title, after which an adequate number of copies of the proposed ordinance must be filed with the City Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the City at least 10 days before the adoption of the ordinance. The City Council shall adopt or reject the ordinance, or an amendment thereto, within 45 days after the date of publication.

       2.  At the next regular meeting or adjourned regular meeting of the City Council held at least 10 days after the date of publication, the [committee shall report the ordinance back to the City Council. Thereafter, it] proposed ordinance must be returned to the City Council for consideration and possible adoption. At that meeting, the title of the proposed ordinance must be read as first proposed or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.

       3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the City Council, final action may be taken immediately or at an emergency meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published.

       4.  All ordinances must be signed by the Mayor, attested by the City Clerk and published by title, together with the names of the members of the City Council [Members] voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the City for at least one publication, before the ordinance becomes effective. The City Council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

       5.  The City Clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.

 


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      Sec. 18. Section 2.120 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1393, is hereby amended to read as follows:

       Sec. 2.120  Codification of ordinances; publication of Code.

       1.  The City Council may codify and publish a Code of its municipal ordinances in the form of a Municipal Code, which Code may, at the election of the City Council, have incorporated therein a copy of this Charter and such additional data as the City Council [may prescribe. When such Code is published, two copies shall be filed with] prescribes. Whenever the Code is published or revised, a copy must be provided to the Librarian at the County Public Library in Reno, the County Law Library and the Supreme Court Law Library. The requirements of this subsection are satisfied by the provision of a paper copy, an electronic copy or a copy of the Code in such other format as is requested by a library.

       2.  The ordinances in the Code [shall] must be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the Mayor, attestations and other formal parts.

       3.  The codification [shall] must be adopted by an ordinance and [shall] must not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance [shall be,] is, “An ordinance for codifying and compiling the general ordinances of the City of Reno.”

       4.  The codification may be amended or extended by ordinance.

      Sec. 19. Section 2.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 216, Statutes of Nevada 2007, at page 726, is hereby amended to read as follows:

       Sec. 2.140  General powers of City Council.

       1.  Except as otherwise provided in subsection 2 and section 2.150, the City Council may:

       (a) Acquire, control, improve and dispose of any real or personal property for the use of the City, its residents and visitors.

       (b) Except as otherwise provided in NRS 598D.150 and 640C.100, regulate and impose a license tax for revenue upon all businesses, trades and professions.

       (c) Provide or grant franchises for public transportation and utilities.

       (d) Appropriate money for advertising and publicity and for the support of a municipal band.

       (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State . [of Nevada.] An offense that is made a misdemeanor by the laws of the State [of Nevada] shall [also] be deemed also to be a misdemeanor against the City whenever the offense is committed within the City.

       (f) Fix the rate to be paid for any utility service provided by the City as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and is perfected by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien.

 


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with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

             (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

             (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

       2.  The City Council:

       (a) Shall not sell telecommunication service to the general public.

       (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunication service to the general public.

       5.  As used in this section:

       (a) “Telecommunication” has the meaning ascribed to it in NRS 704.025.

       (b) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      Sec. 20. Section 3.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 210, Statutes of Nevada 1997, at page 735, is hereby amended to read as follows:

       Sec. 3.010  Mayor: Duties; [Assistant] Vice Mayor.

       1.  The Mayor:

       (a) Shall serve as a member of the City Council and preside over its meetings.

       (b) Shall not have any administrative duties.

       (c) Must be recognized as the head of the City Government for all ceremonial purposes.

       (d) Shall determine the order of business at meetings pursuant to the rules of the City Council.

       (e) Is entitled to vote and shall vote last on all roll call votes.

       (f) Shall take all proper measures for the preservation of the public peace and order and for the suppression of riots and all forms of public disturbance, for which he or she is authorized to appoint extra police officers temporarily and without regard to Civil Service rules and regulations, and to call upon the County Sheriff [of Washoe County,] or, if that force is inadequate, to call upon the Governor for assistance.

 


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       (g) Shall perform such other duties, except administrative duties, as [may be] are prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized pursuant to the provisions of a special charter.

       2.  At the first regular City Council meeting in November of each year [,] or whenever a vacancy occurs in the office of Vice Mayor, the City Council shall elect one of the Council Members to be [Assistant] Vice Mayor. That person:

       (a) Holds that office and title, without additional compensation, for a term of 1 year or until removed after a hearing for cause by a vote of six-sevenths of the City Council [.] or the office otherwise becomes vacant.

       (b) Shall perform the duties of Mayor during the absence or disability of the Mayor.

       (c) Shall act as Mayor if the office of Mayor becomes vacant until the vacancy is filled pursuant to section 1.070 of this Charter.

      Sec. 21. Section 3.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 210, Statutes of Nevada 1997, at page 735, is hereby amended to read as follows:

       Sec. 3.020  City Manager: Duties; compensation.

       1.  The City Manager is the Chief Executive and Administrative Officer of the City Government. He or she is responsible to the City Council for the proper administration of all affairs of the City. The duties and salary of the City Manager must be fixed by the City Council and he or she is entitled to be reimbursed for all expenses incurred in the performance of his or her duties.

       2.  The City Manager may appoint such clerical and administrative assistants as he or she [may deem] deems necessary.

       3.  [He or she] The City Manager may designate an acting City Manager to serve in his or her absence or, if he or she fails to do so, the City Council may appoint an acting City Manager.

       4.  No member of the City Council [Member] may be appointed as City Manager during the term for which he or she was elected, or for 1 year thereafter.

       5.  The City Manager shall appoint all officers and employees of the City and may remove any officer or employee of the City except as otherwise provided in this Charter. The City Manager may authorize the head of a department or office to appoint or remove his or her subordinates. The appointment of a Chief of Police or a Fire Chief by the City Manager does not take effect until it has been confirmed by a majority vote of the members of the City Council. If a person so nominated is not confirmed, the City Manager shall continue to submit nominations until a nominee is confirmed.

      Sec. 22. (Deleted by amendment.)

      Sec. 23. Section 3.040 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 210, Statutes of Nevada 1997, at page 737, is hereby amended to read as follows:

       Sec. 3.040  City Clerk: Duties.

       1.  The City Clerk shall:

       (a) Keep the corporate seal and all books and papers belonging to the City.

 


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       (b) Attend all meetings of the City Council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the City Council, the City Clerk shall attest the journal after it has been signed by the Mayor.

       (c) Sign all warrants for payment issued.

       (d) Number and sign all business licenses issued by the City. All business licenses must be in a form devised by the City Clerk and approved by the City Council.

       (e) Enter upon the journal the result of the vote of the City Council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

       (f) Be the official collector of all business license fees and penalties of the City, and all money making up the City revenues, except general taxes and special assessments, must be paid over to him or her.

       2.  The City Clerk has custody of all the official records of the City. He or she is responsible to the City Council for the proper discharge of his or her duties. The duties and salary of the City Clerk are fixed by the City Council, and he or she is entitled to be reimbursed for all expenses incurred in the performance of his or her duties.

       3.  The City Clerk may, with approval of the City Council, appoint one chief deputy and one Manager of Record Systems, who are not subject to the provisions of article IX of this Charter. The City Clerk may designate a member of his or her staff as acting City Clerk to:

       (a) Administer oaths; and

       (b) Perform all the duties of the City Clerk in his or her absence.

      Sec. 24. Section 3.060 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1369, is hereby amended to read as follows:

       Sec. 3.060  City Attorney: Qualifications; duties; salary.

       1.  The City Attorney must be a duly licensed member of the State Bar of Nevada and a qualified elector within the City. Once elected, he or she shall hold office for a term of 4 years and until his or her successor is duly elected and qualified.

       2.  The City Attorney is the Legal Officer of the City and shall:

       (a) Perform such duties as [may be] are designated by ordinance;

       (b) Be present at all meetings of the City Council;

       (c) Be counsel for the [Civil Service] Commission;

       (d) Devote his or her full time to the duties of the office; and

       (e) Not engage in the private practice of law.

       3.  The City Attorney is entitled to receive a salary as fixed by resolution of the City Council.

       4.  The City Attorney may appoint and remove such assistants as he or she [may require] requires in the discharge of the duties of his or her office. Such assistants must not be Civil Service employees. The Council may appropriate such an amount of money as it [may deem] deems proper to compensate such assistants. Such assistants who are attorneys and are employed for more than 20 hours per week by the City Attorney shall not engage in the private practice of law.

 


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who are attorneys and are employed for more than 20 hours per week by the City Attorney shall not engage in the private practice of law.

      Sec. 25. Section 3.080 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1975, is hereby amended to read as follows:

       Sec. 3.080  County Assessor to be ex officio City Assessor; duties.

       1.  The County Assessor of [Washoe] the County shall be ex officio City Assessor of the City. The County Assessor shall perform such duties for the City without additional compensation.

       2.  Upon request of the ex officio City Assessor, the City Council may appoint and set the salary of a Deputy City Assessor to perform such duties relative to city assessments as may be deemed necessary.

      Sec. 26. Section 3.090 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 414, Statutes of Nevada 1975, at page 607, is hereby amended to read as follows:

       Sec. 3.090  County Treasurer to be ex officio City Treasurer; duties.

       1.  The Treasurer of [Washoe] the County shall be ex officio City Treasurer and Tax Receiver of the City. The County Treasurer shall perform such duties for the City without additional compensation.

       2.  The City Treasurer shall, with the consent of the City Council, appoint the City Clerk or other city officer as Deputy City Treasurer to perform such duties as may be designated by the City Council.

       3.  The City shall compensate [Washoe] the County annually in an amount agreed upon by the City Council and the Board of County Commissioners of [Washoe] the County for the services rendered by the Treasurer of [Washoe] the County under this section.

      Sec. 27. Section 3.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 210, Statutes of Nevada 1997, at page 737, is hereby amended to read as follows:

       Sec. 3.140  Interference and direction by City Council.

       1.  The Mayor or Council Members shall not dictate the appointment, suspension or removal of any City administrative officer or employee appointed by the City Manager or his or her subordinates. No person covered by the rules and regulations of the [Civil Service] Commission may be appointed, suspended or removed except as provided in those rules and regulations.

       2.  Any action directed by the City Council in a public meeting shall be deemed to be direction to the City Manager and not to any subordinate of the City Manager. The City Council or its members shall not [deal] :

       (a) Deal directly with a City official or employee on a matter pertaining to City business , except for the purpose of inquiry, but shall deal through the City Manager [.] ; or

       (b) Give any order, publicly or privately, to any subordinate of the City Manager.

 


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      Sec. 28. Section 4.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 21, is hereby amended to read as follows:

       Sec. 4.010  Municipal Court.

       1.  The Municipal Court must include one department and may include additional departments in the discretion of the City Council. If the City Council determines to create additional departments, it shall do so by resolution and may appoint additional Municipal Judges to serve until the next election.

       2.  The City Council may not reduce the term of office of any appointed or elected Municipal Judge.

      Sec. 29. Section 4.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1369, is hereby amended to read as follows:

       Sec. 4.020  Municipal Court: Qualifications of Municipal Judge; salary.

       1.  A Municipal Judge must be:

       (a) An attorney licensed to practice law in the State . [of Nevada.]

       (b) A qualified elector within the City.

       2.  A Municipal Judge shall not engage in the private practice of law.

       3.  The salary of a Municipal Judge must be:

       (a) Fixed by resolution of the City Council.

       (b) Uniform for all judges in the Municipal Court.

      Sec. 30. Section 4.040 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 208, Statutes of Nevada 1985, at page 676, is hereby amended to read as follows:

       Sec. 4.040  Procedure, additional judges.  The practice and proceedings in the Court must conform as nearly as practicable to that of justices’ courts in similar cases. Upon the written request of the City Manager an additional temporary Municipal Judge may be provided for so long as the City Council authorizes additional compensation for such a Judge. [Whenever a person is sentenced to pay a fine, the Court may adjudge and enter upon the docket a supplemental order that the offender may, if he or she desires, work on the streets or public works of the City at the rate of $25 for each day. The money so earned must be applied against the fine until it is satisfied.]

      Sec. 31. Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 87, Statutes of Nevada 2001, at page 557, is hereby amended to read as follows:

       Sec. 5.010  General elections.

       1.  [On the Tuesday after the first Monday in November 1998, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, a Mayor, Council Members from the second and fourth wards, a Municipal Judge and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified pursuant to subsection 3 or 4.

 


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       2.  On the Tuesday after the first Monday in November 2000, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, Council Members from the first, third and fifth wards, one Council Member at large and two Municipal Judges, all of whom hold office for a term of 4 years and until their successors have been elected and qualified pursuant to subsection 5 or 6.

       3.]  On the [Tuesday after the first Monday] date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 6 years, there must be elected by the qualified voters of the City, at the general election, a Municipal Judge, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

       [4.]2.  On the [Tuesday after the first Monday] date fixed by the election laws of the State for the statewide general election in November 2002, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       [5.]3.  On the [Tuesday after the first Monday] date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 6 years, there must be elected by the qualified voters of the City, at the general election, [three] one or more Municipal Judges, other than the Municipal Judge referred to in subsection 1, all of whom hold office for a term of 6 years and until their successors have been elected and qualified.

       [6.]4.  On the [Tuesday after the first Monday] date fixed by the election laws of the State for the statewide general election in November 2004, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, Council Members from the first, third and fifth wards and one Council Member at large, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

      Sec. 32. Section 5.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 376, Statutes of Nevada 2005, at page 1438, is hereby amended to read as follows:

       Sec. 5.020  Primary elections; declaration of candidacy.

       1.  A candidate for any office to be voted for at an election must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be deposited to the credit of the General Fund of the City.

       2.  If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of [this] the State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.

 


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ballot for the general election. The general election must be held on the date fixed by the election laws of the State for the statewide general election.

       3.  In the primary election:

       (a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

       (b) Candidates for Council Member who represent a specific ward must be voted upon only by the registered voters of that ward.

       (c) Candidates for Mayor and Council Member at large must be voted upon by all registered voters of the City.

       4.  The Mayor and all Council Members must be voted upon by all registered voters of the City at the general election.

      Sec. 33. Section 5.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 470, Statutes of Nevada 2005, at page 2304, is hereby amended to read as follows:

       Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to an election or to candidates or issues involved in that election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.5002 and 293.558, permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list upon payment of the cost established by [state] the election [law.] laws of the State.

      Sec. 34. Section 5.100 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 24, is hereby amended to read as follows:

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

       1.  The election returns from any special, primary or general election must be filed with the City Clerk, who shall immediately place those returns in a safe or vault, and no person may handle, inspect or in any manner interfere with those returns until canvassed by the City Council.

       2.  The City Council and City Manager shall meet within 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 6 months, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the City Council.

       3.  The City Clerk, under his or her hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers elected shall qualify and enter upon the discharge of their respective duties at the first regular City Council meeting following their election.

       4.  If any election results in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie [by lot.] as provided in this subsection. The City Clerk shall provide and open in the presence of the candidates who received the tie vote an unused 52-card deck of playing cards, removing any jokers and blank cards.

 


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blank cards. The City Clerk shall shuffle the cards thoroughly and present the shuffled deck to the City Manager, or to the person designated by the City Manager for this purpose. One of the candidates who received the tie vote shall then draw one card from the deck, and the City Clerk shall record the suit and number of the card. The card then must be returned to the deck, and the City Clerk shall shuffle the cards thoroughly and present the shuffled deck to the City Manager, or to the person designated by the City Manager for this purpose, and another of the candidates who received the tie vote shall draw one card from the deck. This process must be repeated until each of the candidates who received the tie vote has drawn one card from the deck and the result of each draw has been recorded. The candidate who draws the high card shall be deemed the winner of the election. For the purposes of this subsection, aces are high and twos are low. If the candidates draw cards of otherwise equal value, the card of the higher suit is the high card. Spades are highest, followed in descending order by hearts, clubs and diamonds. The City Clerk shall issue to the winner a certificate of election.

      Sec. 35. Section 6.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2106, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the City Council, on behalf of the City and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

       1.  Curb and gutter projects;

       2.  Drainage projects;

       3.  Off-street parking projects;

       4.  Overpass projects;

       5.  Park projects;

       6.  Sanitary sewer projects;

       7.  Security walls;

       8.  Sidewalk projects;

       9.  Storm sewer projects;

       10.  Street projects;

       11.  Underground electric and communication facilities;

       12.  Underpass projects; [and]

       13.  Water projects [.] ; and

       14.  Any other projects authorized by the laws of the State, including, without limitation, chapter 271 of NRS.

      Sec. 36. Section 7.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1980, is hereby amended to read as follows:

       Sec. 7.010  Debt limit.

       1.  The City shall not incur an indebtedness in excess of 15 percent of the total assessed valuation of the taxable property within the boundaries of the City [.] , as shown on the tax list or assessment roll in effect as of the date of issuance of the municipal securities constituting the debt.

 


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       2.  In determining any debt limitation under this section, there shall not be counted as indebtedness:

       (a) Warrants or other securities which are payable upon presentation or demand or within 1 year from the date thereof.

       (b) Securities payable from special assessments against benefited property, whether issued pursuant to any general or special law and irrespective of whether such special assessment securities are payable from general ad valorem taxes.

       (c) Securities issued pursuant to any general or special law the principal and interest of which are payable solely from revenues of the City derived from other than general ad valorem taxes.

      Sec. 37. Section 7A.040 of the Charter of the City of Reno, being chapter 460, Statutes of Nevada 1979, at page 860, is hereby amended to read as follows:

       Sec. 7A.040  “Engineer” defined.  “Engineer” means the Director of Public Works, the City Engineer or a firm of engineers employed by the City in connection with any undertaking, any project or the exercise of any power authorized in this article.

      Sec. 38. Section 8.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1397, is hereby amended to read as follows:

       Sec. 8.010  Municipal taxes.

       1.  The City Council shall annually, at the time prescribed by law for levying taxes for State and County purposes, levy a tax not exceeding 2 percent upon the assessed value of all real and personal property within the City except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied [shall] must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State [of Nevada] for collection of State and County taxes. The revenue laws of the State [shall,] are, in every respect not inconsistent with the provisions of this Charter, [be] applicable to the levying, assessing and collecting of the municipal taxes.

       2.  In the matter of the equalization of assessments, the rights of the City and the inhabitants thereof [shall] must be protected in the same manner and to the same extent by the action of the County Board of Equalization as are the State and County.

       3.  All forms and blanks used in levying, assessing and collecting the revenues of the State and counties [shall,] must, with such alterations or additions as [may be] are necessary, be used in levying, assessing and collecting the revenues of the City. The City Council shall enact all such ordinances as it [may deem] deems necessary and not inconsistent with this Charter and the laws of the State for the prompt, convenient and economical collecting of the revenue.

 


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      Sec. 39.  Section 9.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 882, is hereby amended to read as follows:

       Sec. 9.010  Civil Service: Objectives.  The purpose of this article is to provide the City [of Reno] with an efficient workforce, with equity to all persons concerned. To attain this objective:

       1.  All appointments and promotions to positions in the Civil Service [shall] must be made on the sole basis of merit and fitness, without regard to non-job-related considerations.

       2.  Career and promotional opportunities [shall] must be readily available to employees.

       3.  A high level of performance [shall be] is required of employees to meet their obligations to the City administration, to the users of City services and to the taxpayers.

      Sec. 40. Section 9.020 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as amended by chapter 561, Statutes of Nevada 1977, at page 1398, is hereby amended to read as follows:

       Sec. 9.020  Civil Service and exempt positions.

       1.  A Civil Service System is created for the selection, appointment and promotion of all employees of the City except:

       (a) A person elected or appointed to a position pursuant to this Charter.

       (b) A person who serves as a member of any board, commission, committee or other body created pursuant to the authority of the City.

       (c) A person employed by the City for less than 18 hours per week.

       [(c)](d) A person for whose position half or more of the money is provided by a source other than the City.

       [(d)](e) A person employed as a trainee for a period of time which is not more than that period prescribed for a probationary employee.

       (f) An employee of the Municipal Court who is hired directly by the Court.

       2.  The provisions of this article are not applicable to the selection, appointment, promotion, demotion, transfer, suspension, discipline or dismissal of any person described in subsection 1.

       3.  Any employee whose position was within the provisions of the Civil Service System before [May 15, 1977,] the effective date of this act shall retain all rights and benefits to which he or she would otherwise be entitled under the Civil Service System.

      Sec. 41. Section 9.040 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 885, is hereby amended to read as follows:

       Sec. 9.040  Commission meetings.  The Commission shall provide by rule for the holding of not less than one regular meeting per month, for special meetings as needed, for the election of one member as Chair, for the election of one member or appointment of a nonmember as Secretary, for public announcement of the time and place of meetings, and for meetings to be open to the public except as provided for by Commission rule.

 


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provided for by Commission rule. A special meeting of the Commission may be called by the Chair of the Commission.

      Sec. 42. Section 9.050 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as amended by chapter 599, Statutes of Nevada 1993, at page 2501, is hereby amended to read as follows:

       Sec. 9.050  Authority of Commission.  Except as otherwise provided in [subsection 3 of section 9.250 of this article,] this Charter, the Commission has authority over and is responsible for:

       1.  All phases of the selection, appointment and promotion of employees in the Civil Service;

       2.  The appeal rights of such employees in regard to dismissal, demotion, suspension and disciplinary actions; and

       3.  The transfer of employees,

Ê together with all responsibilities assigned to the Commission by this article.

      Sec. 43. Section 9.060 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 885, is hereby amended to read as follows:

       Sec. 9.060  Rules.

       1.  [The] Except as otherwise provided in this section, the Commission shall adopt or amend rules for the Civil Service System, consistent with the provisions of this article. [At] The Commission shall give or cause to be given at least 10 days’ notice of time and place of a [hearing] public meeting of the Commission on proposed rules [shall be given] by posting [such] the notice and a copy of each proposed rule on the bulletin board of each department and by giving [three copies thereof] a copy of the notice and each proposed rule to the City Council, the City Manager, each department head, and the president or secretary of each employee organization formally recognized by the City. At the meeting, the Commission shall permit a representative of the City Council or the City Manager, or both, to comment on any proposed rule. Any amendment of the rule governing the number of qualified persons certified to the appointing authority on the Civil Service eligibility list is not effective until the amendment is approved by the City Council.

       2.  The rules adopted by the Commission must provide for the following matters relating to the Civil Service System:

       (a) The review and approval by the Commission of minimum qualifications set out in class specifications for positions.

       (b) Open and promotional recruitment of employees.

       (c) The development and scoring of examinations of candidates for positions.

       (d) The development, maintenance and certification of Civil Service eligibility lists, which must include criteria for the use of selective certification as applicable to a position.

       (e) Procedures for emergency, temporary, provisional and such other types of appointments as the Commission deems desirable to facilitate the business of the City.

       (f) The establishment of probationary periods, procedures for the confirmation of employees into the Civil Service System after completion of any applicable probationary period, and procedures for the dismissal of probationary employees, including, without limitation, the identification of circumstances in which a probationary employee, including, without limitation, a promoted employee, may not be dismissed by the head of a department without right of appeal.

 


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for the dismissal of probationary employees, including, without limitation, the identification of circumstances in which a probationary employee, including, without limitation, a promoted employee, may not be dismissed by the head of a department without right of appeal.

       (g) Procedures for the promotion of employees and any right of promoted employees to return to their previous positions.

       (h) Procedures for the transfer and layoff of employees.

       (i) Procedures for investigating and hearing appeals relating to the discipline or discharge of employees or alleged violations of the rules of the Commission.

       3.  A copy of all rules adopted and all changes in them [shall] must be filed in the Office of the City Clerk. The Commission shall cause the rules and all changes in them to be [printed and] distributed as it [shall deem necessary. Copies shall be] deems necessary, except that the Commission shall cause a copy to be made available to all officers and employees of the City [.

       2.]on the City’s website or in such other format as the Commission determines is appropriate.

       4.  The head of each department may adopt [rules] procedures for the governance of his or her department not inconsistent with this article or the rules of the Commission adopted thereunder.

       5.  As used in this section, “selective certification” means the certification of a person for inclusion on a Civil Service eligibility list for a position based upon specialized knowledge, skills or abilities of the person, in addition to those required to meet the minimum qualifications for the position, that are required to perform the duties of the position successfully.

      Sec. 44. Section 9.160 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 886, is hereby amended to read as follows:

       Sec. 9.160  Prohibited acts.

       1.  No [appointments] appointment to or removal from a position in the Civil Service [shall] may be affected in any manner by any [individual’s:] person’s:

       (a) Race, color, national origin, age, sex, marital status, sexual orientation, gender identity or expression, disability, membership or nonmembership in an employee organization, [or] religion, religious beliefs or affiliations [.

       (b) Sex, marital status, age, or physical or visual handicap except when the Commission has certified that such fact constitutes a reasonable occupational qualification or disqualification for employment.

       (c)], or any other characteristic for which such action is prohibited by the law of the State or of the United States, except when based upon a bona fide occupational qualification or otherwise authorized by law.

       (b) Political beliefs or affiliations except if that [individual] person advocates or is a member of any organization that advocates the overthrow of the government of the United States by other than lawful means.

 


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ê2013 Statutes of Nevada, Page 1836 (Chapter 349, AB 9)ê

 

       2.  [No] A person shall not practice any deception, fraud or unfair practice with respect to application, examination, employment or any other procedure authorized under this article or Commission rule, or in any information given to the Commission.

      Sec. 45. Section 9.270 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as last amended by chapter 65, Statutes of Nevada 1981, at page 162, is hereby amended to read as follows:

       Sec. 9.270  Appeals to the Commission.

       1.  An employee in the Civil Service who has been suspended for a period of more than 3 days or who is the subject of an action by the City Manager to demote or terminate him or her may appeal such action to the Commission by serving the Secretary of the Commission with a written notice of appeal within 10 days after such action. The Commission shall set the time for hearing the appeal not less than 5 nor more than 15 days after the date of service of the notice of appeal.

       2.  The Commission shall adopt a rule for hearing such appeals and making any investigations it deems appropriate. In all appeals to the Commission, the City Attorney shall represent the interest of the City.

       3.  In connection with any hearing or investigation contemplated by this article each member of the Commission may administer oaths, secure by subpoena the attendance of witnesses residing within 50 miles of the City [of Reno] and the production of books and papers relevant to the hearing or investigation, compel witnesses to answer and punish for contempt in the same manner as provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing. All witnesses must be under oath. The accused has the right to be heard in person and by attorney in his or her own defense and is entitled to secure the attendance of witnesses at the expense of the City if within the reach of the Commission’s subpoena and necessary for his or her defense. Upon a showing of necessity an accused may secure from the Commission an order requiring the taking of depositions of witnesses who are necessary to his or her defense and not within the reach of a subpoena. The Commission shall determine to what extent the expense of such depositions will be paid for by the City. Hearings on appeal must be reported and may be transcribed if a transcript is necessary for a deliberation of the Commission or for an appeal to the district court. The Commission shall render its decision within 7 days after the date of the hearing.

       4.  The action taken by the City Manager may be affirmed, modified or revoked by the Commission. If the Commission finds that the reason for which the action was taken is insufficient it must modify or revoke the action.

       5.  The Commission shall adopt a rule for the hearing and disposition of appeals concerning procedures or the content of examinations.

 


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ê2013 Statutes of Nevada, Page 1837 (Chapter 349, AB 9)ê

 

      Sec. 46. Section 9.280 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as amended by chapter 97, Statutes of Nevada 1995, at page 115, is hereby amended to read as follows:

       Sec. 9.280  Disciplinary authority of Commission; judicial review.

       1.  Verified charges may be filed with the Commission setting forth cause for disciplinary action against any Civil Service employee by any resident of the City. The Commission may conduct investigations and hold such hearings as it deems appropriate to determine the facts. If the Commission finds the charges true it may order the suspension, dismissal or discipline of the employee.

       2.  The Commission on its own initiative may conduct investigations and hearings with respect to violations of this article or rules of the Commission and impose such sanctions as it deems appropriate.

       3.  [Any] Within 180 days after service of the decision, any person who is aggrieved by a final decision of the Commission may petition [for judicial review in the manner provided by chapter 233B of NRS.] the district court in the County for relief in the form of a writ of certiorari, mandamus or prohibition where such relief is otherwise authorized by chapter 34 of NRS or other applicable law.

      Sec. 47. Section 7A.030 of the Charter of the City of Reno, being chapter 460, Statutes of Nevada 1979, at page 860, section 9.090 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 885, section 9.190 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 886, section 9.200 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 887, section 9.210 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 887, section 9.220 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 887, section 9.240 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 887, and section 9.250 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as amended by chapter 599, Statutes of Nevada 1993, at page 2502, are hereby repealed.

      Sec. 48.  The amendatory provisions of this act apply prospectively.

      Sec. 49.  This act becomes effective upon passage and approval.

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ê2013 Statutes of Nevada, Page 1838ê

 

CHAPTER 350, AB 14

Assembly Bill No. 14–Committee on Transportation

 

CHAPTER 350

 

[Approved: June 2, 2013]

 

AN ACT relating to motor vehicles; revising provisions concerning temporary permits to act as a salesperson; allowing the Department of Motor Vehicles to reinstate the registration of a dormant vehicle or remove the suspension of that registration under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, when a person holding a temporary permit to act as a salesperson of vehicles ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the permit is automatically suspended, the person’s right to act as a salesperson immediately ceases and the person’s application for licensure must be denied by the Department of Motor Vehicles unless the person has: (1) paid a $20 transfer fee; (2) submitted a certificate of employment indicating that the person has been reemployed with a licensed and bonded dealer, lessor or rebuilder; and (3) presents a current temporary permit or new salesperson’s license to the person’s employer. Existing law further provides that, if a person’s application for a salesperson’s license has been denied, the person must wait at least 6 months to reapply. (NRS 482.362) Section 1 of this bill deletes the provision requiring that the application for licensure of a person holding a temporary permit be denied if that person ceases to be employed as a salesperson by a licensed and bonded dealer, lessor or rebuilder, thus allowing that person to resume the application process upon finding employment elsewhere. Section 1 also expressly prohibits the person from engaging in the activity of a salesperson during the period in which the person is unemployed.

      Under existing law, the Department is required to suspend the registration of any motor vehicle for which the Department cannot verify coverage of liability insurance. If the registered owner of the motor vehicle proves to the satisfaction of the Department that the motor vehicle was a dormant vehicle during the period in which the Department was unable to verify liability insurance coverage, the Department is required to reinstate the registration and, if applicable, reissue the license plates for the motor vehicle only after the owner of the motor vehicle pays a fee of $50. (NRS 485.317) Section 4 of this bill allows the Department to remove the suspension of the registration without requiring the owner of the vehicle to pay a fee or administrative fine.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.362 is hereby amended to read as follows:

      482.362  1.  A person shall not engage in the activity of a salesperson of vehicles, trailers or semitrailers, or act in the capacity of a salesperson as defined in this chapter, in the State of Nevada without first having received a license or temporary permit from the Department. Before issuing a license or temporary permit to engage in the activity of a salesperson, the Department shall require:

 


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ê2013 Statutes of Nevada, Page 1839 (Chapter 350, AB 14)ê

 

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesperson, his or her residence address and social security number, and the name and address of the applicant’s employer.

      (b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

      (e) For initial licensure, the applicant to submit a complete set of fingerprints and written permission authorizing the Department 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.

      (f) Any other information the Department deems necessary.

      2.  The Department may issue a 60-day temporary permit to an applicant who has submitted an application and paid the required fee.

      3.  A license to act as a salesperson of vehicles, trailers or semitrailers, or to act in the capacity of a salesperson as defined in this chapter, issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.

      4.  An application for a salesperson’s license may be denied and a salesperson’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the Department that the applicant is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a gross misdemeanor.

      (d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      (e) Falsification of the application.

      (f) Evidence of unfitness as described in NRS 482.3255.

      (g) Failure of the applicant to provide any information deemed necessary by the Department to process the application.

      (h) Any reason determined by the Director to be in the best interests of the public.

      5.  Except where a dealer, lessor or rebuilder has multiple branches licensed under NRS 482.326, a salesperson of vehicles shall not engage in any sales activity, or act in any other capacity as a salesperson as defined in this chapter, other than for the account of or for and in behalf of a single employer, at a specified place of business of that employer, who must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesperson’s license has been denied, the applicant may reapply not less than 6 months after the denial.

      7.  A salesperson’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesperson is licensed to sell vehicles.

      8.  If a licensed salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the license to act as a salesperson is automatically suspended and the right to act as a salesperson thereupon immediately ceases, and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.

 


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ê2013 Statutes of Nevada, Page 1840 (Chapter 350, AB 14)ê

 

automatically suspended and the right to act as a salesperson thereupon immediately ceases, and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.

      9.  If a licensed salesperson changes his or her residential address, the salesperson shall submit a written notice of the change to the Department within 10 days after the change occurs.

      10.  If a person who holds a temporary permit to act as a salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the permit to act as a salesperson is automatically suspended, the right to act as a salesperson thereupon immediately ceases and the [person’s application for licensure must be denied unless] person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.

      11.  A licensed dealer, lessor or rebuilder who employs a licensed salesperson shall notify the Department of the termination of his or her employment within 10 days following the date of termination by forwarding the salesperson’s license to the Department.

      12.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 2. NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the Department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  Except as otherwise provided in subsection 3:

      (a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

      (b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.

      (c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.

      3.  The fees specified in subsection 2 do not apply:

      (a) Unless the person registering the cars presents to the Department at the time of registration the registrations of all the cars registered to the person.

      (b) To cars that are part of a fleet.

      4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the State Highway Fund for credit to the Account for the Program for the Education of Motorcycle Riders.

 


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ê2013 Statutes of Nevada, Page 1841 (Chapter 350, AB 14)ê

 

      5.  For each transfer of registration, a fee of $6 in addition to any other fees.

      6.  Except as otherwise provided in subsection [7] 6 of NRS 485.317, to reinstate the registration of a motor vehicle that is suspended pursuant to that section:

      (a) A fee as specified in NRS 482.557 for a registered owner who failed to have insurance on the date specified by the Department, which fee is in addition to any fine or penalty imposed pursuant to NRS 482.557; or

      (b) A fee of $50 for a registered owner of a dormant vehicle who cancelled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

Ê both of which must be deposited in the Account for Verification of Insurance which is hereby created in the State Highway Fund. The money in the Account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

      7.  For every travel trailer, a fee for registration of $27.

      8.  For every permit for the operation of a golf cart, an annual fee of $10.

      9.  For every low-speed vehicle, as that term is defined in NRS 484B.637, a fee for registration of $33.

      10.  To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451, a fee of $33.

      Sec. 3. NRS 482.557 is hereby amended to read as follows:

      482.557  1.  Except as otherwise provided in subsection [7] 6 of NRS 485.317, if a registered owner failed to have insurance on the date specified by the Department pursuant to NRS 485.317:

      (a) For a first offense, the registered owner shall pay to the Department a registration reinstatement fee of $250, and if the period during which insurance coverage lapsed was:

             (1) At least 31 days but not more than 90 days, pay to the Department a fine of $250.

             (2) At least 91 days but not more than 180 days:

                   (I) Pay to the Department a fine of $500; and

                   (II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.

             (3) More than 180 days:

                   (I) Pay to the Department a fine of $1,000; and

                   (II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.

      (b) For a second offense, the registered owner shall pay to the Department a registration reinstatement fee of $500, and if the period during which insurance coverage lapsed was:

             (1) At least 31 days but not more than 90 days, pay to the Department a fine of $500.

             (2) At least 91 days but not more than 180 days:

                   (I) Pay to the Department a fine of $500; and

                   (II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.

 


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ê2013 Statutes of Nevada, Page 1842 (Chapter 350, AB 14)ê

 

             (3) More than 180 days:

                   (I) Pay to the Department a fine of $1,000; and

                   (II) File and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated.

      (c) For a third or subsequent offense:

             (1) The driver’s license of the registered owner must be suspended for a period to be determined by regulation of the Department but not less than 30 days;

             (2) The registered owner shall file and maintain with the Department a certificate of financial responsibility for a period of not less than 3 years following the date on which the registration of the applicable vehicle is reinstated; and

             (3) The registered owner shall pay to the Department a registration reinstatement fee of $750, and if the period during which insurance coverage lapsed was:

                   (I) At least 31 days but not more than 90 days, pay to the Department a fine of $500.

                   (II) At least 91 days but not more than 180 days, pay to the Department a fine of $750.

                   (III) More than 180 days, pay to the Department a fine of $1,000.

      2.  As used in this section, “certificate of financial responsibility” has the meaning ascribed to it in NRS 485.028.

      Sec. 4. NRS 485.317 is hereby amended to read as follows:

      485.317  1.  The Department shall verify that each motor vehicle which is registered in this State is covered by a policy of liability insurance as required by NRS 485.185.

      2.  Except as otherwise provided in this subsection, the Department may use any information to verify whether a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185. The Department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.

      3.  If the Department is unable to verify that a motor vehicle is covered by a policy of liability insurance as required by NRS 485.185, the Department shall send a request for information by first-class mail to the registered owner of the motor vehicle. The owner shall submit all the information which is requested to the Department within 15 days after the date on which the request for information was mailed by the Department. If the Department does not receive the requested information within 15 days after it mailed the request to the owner, the Department shall send to the owner a notice of suspension of registration by certified mail. The notice must inform the owner that unless the Department is able to verify that the motor vehicle is covered by a policy of liability insurance as required by NRS 485.185 within 10 days after the date on which the notice was sent by the Department, the owner’s registration will be suspended pursuant to subsection 4.

      4.  The Department shall suspend the registration and require the return to the Department of the license plates of any vehicle for which the Department cannot verify the coverage of liability insurance required by NRS 485.185.

 


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ê2013 Statutes of Nevada, Page 1843 (Chapter 350, AB 14)ê

 

      5.  Except as otherwise provided in subsection 6, the Department shall reinstate the registration of the vehicle and reissue the license plates only upon verification of current insurance and compliance with the requirements for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.

      6.  [If a registered owner proves to the satisfaction of the Department that the vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the Department shall reinstate the registration and, if applicable, reissue the license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the Department shall not reinstate the registration or reissue the license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.

      7.]  If the Department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the Department, proves to the satisfaction of the Department that the owner was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances [,] or that the motor vehicle was a dormant vehicle and the owner failed to cancel the registration in accordance with subsection 3 of NRS 485.320, the Department may:

      (a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the Account for Verification of Insurance created by subsection 6 of NRS 482.480; or

      (b) [Rescind] Remove the suspension of the registration without the payment of a fee [.] or administrative fine.

Ê The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 5.  This act becomes effective upon passage and approval.

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CHAPTER 351, AB 18

Assembly Bill No. 18–Committee on Transportation

 

CHAPTER 351

 

[Approved: June 2, 2013]

 

AN ACT relating to transportation; authorizing the Department of Transportation, under certain circumstances, to relinquish a state highway to a county or city and authorizing a county or city, under certain circumstances, to relinquish a local road to the Department; and providing other matters properly relating thereto.

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 1844 (Chapter 351, AB 18)ê

 

Legislative Counsel’s Digest:

      Under existing law, any relinquishment of a portion of any state highway by the Department of Transportation to a county or city requires a consenting resolution from the legislative body of that county or city. (NRS 408.527) This bill allows the Department, and counties and cities, to relinquish to each other state highways and county and city roads, as applicable, provided that: (1) the parties agree in writing to the relinquishment; (2) the governing body of the recipient entity adopts a resolution consenting thereto; and (3) the highway or road is in good repair, or the parties agree to other equitable compensation or considerations. This bill also requires the Department, in cooperation with local governments, to adopt regulations governing procedural documents addressing the process by which highways and roads are relinquished.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 408.527 is hereby amended to read as follows:

      408.527  1.  Whenever the Department and the county or city concerned have entered into [an] a written agreement providing therefor, and the legislative body of the county or city has adopted a resolution consenting thereto, the Board may relinquish to the county or city [any] :

      (a) Any portion of any state highway which has been deleted from the state highway system by legislative enactment [. The Department may likewise relinquish any] ; or

      (b) Any portion of any state highway which has been superseded by relocation or which the Department determines exceeds its needs.

      2.  Whenever the county or city concerned and the Department have entered into a written agreement providing therefor, and the Board has adopted a resolution consenting thereto, the county or city may relinquish to the Department any portion of any county or city road which the Department agrees qualifies to join the state highway system.

      3.  By resolution of the Board, the Department may upon request relinquish to the Division of State Lands of the State Department of Conservation and Natural Resources for the public use of another state agency any portion of any state highway which has been superseded by relocation or which the Department determines exceeds its needs.

      [3.]4.  Relinquishment must be made by a resolution. A certified copy of the resolution must be filed with the legislative body of the county or city concerned. The resolution must be recorded in the office of the county recorder of the county where the land is located and, upon recordation, all right, title and interest of the State in and to that portion of any state highway vests in the county, city or division, as the case may be.

      [4.]5.  Nothing in NRS 408.523 limits the power of the Board to relinquish abandoned or vacated portions of a state highway to a county, city or the Division.

      [5.]6.  If the Board relinquishes property pursuant to subsection [4,] 5, and the purpose for which the property was relinquished is abandoned or ceases to exist, then [:

      (a) If the] , absent an agreement or a provision of law to the contrary, and regardless of the interest of the Department in the property before it was relinquished , [was held in fee simple,] all right, title and interest [of] in the property shall vest in the county, city or Division [Rev. 10/24/2013 8:05:07 PM--2013]

 


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ê2013 Statutes of Nevada, Page 1845 (Chapter 351, AB 18)ê

 

relinquished , [was held in fee simple,] all right, title and interest [of] in the property shall vest in the county, city or Division [reverts] without reversion to the Department.

      [(b) If the interest of the Department in the property before it was relinquished was an easement or other lesser interest, the county, city or Division may abandon or vacate the property without reversion to the Department.]

      7.  The Board may accept from a county or city any portion of any county or city road which has changed in function such that it has risen to the level of functioning as a state highway. Such a road may be traded for any portion of any state highway relinquished by the Department or accepted by the Department after equitable compensation or trade values have been negotiated and agreed to in writing.

      8.  A county or city may accept from the Department any portion of any state highway which no longer functions to support the state highway system and which exceeds the needs of the Department. Such a highway may be traded for any portion of any county or city road relinquished by the county or city or accepted by the county or city after equitable compensation or trade values have been negotiated and agreed to in writing.

      9.  Any portion of a state highway or county or city road that is relinquished or traded pursuant to this section must be placed in good repair, or the parties must establish and agree in writing to equitable monetary compensation. If any highways or roads, or portions thereof, to be relinquished or traded are not of comparable value, the parties must negotiate and agree in writing to equitable monetary compensation or equitable trade considerations.

      [6.]10.  The Department, in cooperation with local governments, shall adopt regulations governing procedural documents that address the process by which highways and roads are relinquished.

      11.  The vesting of all right, title and interest of the Department in and to portions of any state highways relinquished previously by the Department in the city, county or state agency to which it was relinquished is hereby confirmed.

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CHAPTER 352, AB 91

Assembly Bill No. 91–Committee on Judiciary

 

CHAPTER 352

 

[Approved: June 2, 2013]

 

AN ACT relating to sentencing; revising certain provisions relating to eligibility for a program of regimental discipline; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a court to order certain defendants who have been convicted of a felony that does not involve an act of violence to a program of regimental discipline. (NRS 176A.780) This bill revises the eligibility requirements for such a program.

 


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ê2013 Statutes of Nevada, Page 1846 (Chapter 352, AB 91)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 176A.780 is hereby amended to read as follows:

      176A.780  1.  If a defendant:

      (a) Is male;

      (b) Has been convicted of a felony that [does] :

             (1) Does not involve an act of violence; or

            (2) Involves an act of violence, but the district attorney stipulates to the defendant’s eligibility to participate in a program of regimental discipline;

      (c) Is at least 18 years of age;

      (d) Has not been incarcerated in jail during his lifetime for a cumulative total of more than 365 days;

      (e) Has never been incarcerated in [jail or] prison ; [as an adult for more than 6 months;] and

      [(e)](f) Is otherwise eligible for probation,

Ê the court may order the defendant satisfactorily to complete a program of regimental discipline for 150 days before sentencing the defendant or in lieu of causing the sentence imposed to be executed upon violation of a condition of probation or suspension of sentence.

      2.  If the court orders the defendant to undergo a program of regimental discipline, it:

      (a) Shall place the defendant under the supervision of the Director of the Department of Corrections for not more than 190 days, not more than the first 30 days of which must be used to determine the defendant’s eligibility to participate in the program. In determining the defendant’s eligibility to participate in the program, the Director shall:

             (1) Make all reasonable efforts to accommodate the defendant in the program; and

             (2) Consider the facts and circumstances of the defendant’s offense based on the police report, the report of the presentence investigation and any other information available to the Director.

      (b) Shall, if appropriate, direct the Chief Parole and Probation Officer to provide a copy of the defendant’s records to the Director of the Department of Corrections.

      (c) Shall require the defendant to be returned to the court not later than 30 days after the defendant is placed under the supervision of the Director, if the defendant is determined to be ineligible for the program.

      (d) May require such reports concerning the defendant’s participation in the program as it deems desirable.

      3.  If the defendant is ordered to complete the program before sentencing, the Director of the Department of Corrections shall return the defendant to the court not later than 150 days after the defendant began the program. The Director shall certify either that the defendant satisfactorily completed the program or that the defendant did not, and shall report the results of the Director’s evaluation, including any recommendations which will be helpful in determining the proper sentence. Upon receiving the report, the court shall sentence the defendant.

 


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      4.  If the defendant is ordered to complete the program in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation and the defendant satisfactorily completes the program, the Director of the Department of Corrections shall, not later than 150 days after the defendant began the program, return the defendant to the court with certification that the defendant satisfactorily completed the program. The court shall direct that:

      (a) The defendant be placed under the supervision of the Chief Parole and Probation Officer; and

      (b) The Director of the Department of Corrections cause a copy of the records concerning the defendant’s participation in the program to be provided to the Chief Parole and Probation Officer.

      5.  If a defendant is ordered to complete the program of regimental discipline in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation, a failure by the defendant satisfactorily to complete the program constitutes a violation of that condition of probation and the Director of the Department of Corrections shall return the defendant to the court.

      6.  Time spent in the program must be deducted from any sentence which may thereafter be imposed.

      Sec. 2. NRS 209.481 is hereby amended to read as follows:

      209.481  1.  [The] Except as otherwise provided in NRS 176A.780, the Director shall not assign any prisoner to an institution or facility of minimum security if the prisoner:

      (a) Except as otherwise provided in NRS 484C.400, 484C.410, 484C.430, 484C.440, 488.420 and 488.427, is not eligible for parole or release from prison within a reasonable period;

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

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

      (d) Has ever been convicted of a sexual offense that is punishable as a felony;

      (e) Has, within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony; or

      (f) Has attempted to escape or has escaped from an institution of the Department.

      2.  The Director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.

________

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 1848ê

 

CHAPTER 353, AB 131

Assembly Bill No. 131–Assemblymen Hardy, Ellison; Paul Anderson, Fiore, Grady, Hambrick, Hickey, Kirkpatrick, Kirner, Livermore, Oscarson, Stewart and Wheeler

 

Joint Sponsors: Senators Hardy; Cegavske, Goicoechea, Hammond and Settelmeyer

 

CHAPTER 353

 

[Approved: June 2, 2013]

 

AN ACT relating to the Virgin Valley Water District; requiring each member of the Board of the District to be elected; setting forth the terms of service of the members of the Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Board of the Virgin Valley Water District consists of five members. Of the five members, one member is appointed by the Mayor of the City of Mesquite, one member is appointed by the governing body of the town of Bunkerville and three members are elected from the service area of the District. Of the three elected members, one of the members must reside in the geographical area of the District located south of the Virgin River. (Section 5 of chapter 100, Statutes of Nevada 1993, p. 163, as amended by chapter 266, Statutes of Nevada 1995, p. 444) Section 1 of this bill requires that the five members of the Board be selected as follows: (1) two members who must reside in and be elected by a plurality of the qualified electors of the geographical area of the District located south of the Virgin River; and (2) three members who must reside in and be elected by a plurality of the qualified electors of the geographical area of the District located north of the Virgin River. Section 1 also provides that, after the initial terms, all five members of the Board serve 4-year terms. Section 3 of this bill: (1) provides that the term of each existing member of the Board expires on December 31, 2014; and (2) requires that those members elected to the Board at the 2014 general election select by lot three members of the Board to serve for an initial term of 4 years and two members of the Board to serve for an initial term of 2 years.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 5 of the Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, as amended by chapter 266, Statutes of Nevada 1995, at page 444, is hereby amended to read as follows:

       Sec. 5.  1.  [Except as otherwise provided in section 4 of this act, the] The governing Board of the District consists of five members selected as follows:

       [(a) One member appointed by the mayor of the City of Mesquite with the approval of the City Council of that city.

       (b) One member appointed by the governing body of the town of Bunkerville, who must reside in the geographical area of the District located south of the Virgin River. If the town of Bunkerville is annexed into the City of Mesquite, this member must be appointed pursuant to paragraph (a), subject to the residency requirement set forth in this paragraph.

 


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ê2013 Statutes of Nevada, Page 1849 (Chapter 353, AB 131)ê

 

       (c) Three members elected from the service area of the District, one of whom]

       (a) Two members who must reside in and be elected by a plurality of the qualified electors of the geographical area of the District located south of the Virgin River.

       (b) Three members who must reside in and be elected by a plurality of the qualified electors of the geographical area of the District located north of the Virgin River.

       2.  Except for members of the first Board , [and appointed members,] members of the Board must be elected at a general district election held in conjunction with the general election of Clark County in 1994 and with subsequent general elections of Clark County. [The elected member who is required to reside in the geographical area of the District located south of the Virgin River and one other elected member, who must be chosen by lot,] The members serve terms of 4 years . [and the remaining elected member serves a term of 2 years. The appointed members serve terms of 2 years.]

      Sec. 2. Section 7 of the Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, at page 164, is hereby amended to read as follows:

       Sec. 7.  1.  [Except as otherwise provided in this section and sections 4 and 5 of this act, each member of the Board must:

       (a) Reside in the District for at least 6 months before his or her appointment or the election at which the member is elected;

       (b) Be a qualified elector of the District;

       (c) If the member is elected to office, be elected by a plurality of the qualified electors of the District; and

       (d) Take office upon qualification therefor as provided in subsection 3, or on the first Monday in January next following the member’s election or appointment, whichever is later, and leave office upon the first Monday in January next following the election or appointment of the member’s successor in office.

       2.  If the Board establishes various election areas within the District, each] Each member [who is elected to] of the Board must:

       (a) Reside in the geographical area represented, or if the Board has established various election areas, the election area represented , for at least 6 months before the election at which the member is elected;

       (b) Be a qualified elector of the geographical area represented or the election area represented; and

       (c) [Be elected by a plurality of the qualified electors of the election area represented; and

       (d)] Take office [in the manner prescribed in paragraph (d) of subsection 1.

       3.]upon qualification therefor as provided in subsection 2, or on the first Monday in January next following the member’s election, whichever is later, and leave office upon the first Monday in January next following the election of the member’s successor in office.

       2.  Before taking office, each member of the Board must qualify by filing with the Clerk of Clark County:

 


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ê2013 Statutes of Nevada, Page 1850 (Chapter 353, AB 131)ê

 

       (a) An oath of office taken and subscribed in the manner prescribed by the Clerk; and

       (b) A corporate surety bond, at the expense of the District, in an amount determined by the Clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.

       [4.]3.  A vacancy in the office of a member [who is elected to] of the Board must be filled by appointment of the remaining members of the Board. The person so appointed must be a resident and elector of the [District,] geographical area represented, or if the Board has established various election areas, the election area represented, and, before taking office, qualify in the manner prescribed in subsection [3.] 2. The person shall serve the remainder of the term of the member whose absence required his or her appointment. If the Board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the Board of County Commissioners of Clark County shall fill the vacancy.

       [5.  A vacancy in the office of a member who is appointed to the Board must be filled by appointment of the governing body who made the previous appointment. The person so appointed must be a resident and elector of the District and, before taking office, qualify in the manner prescribed in subsection 3. The person shall serve the remainder of the term of the member whose absence required his or her appointment.]

      Sec. 2.5. Section 8 of the Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, as amended by chapter 485, Statutes of Nevada 2011, at page 3076, is hereby amended to read as follows:

       Sec. 8.  1.  Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of this state, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.

       2.  Each candidate for election to the Board must file a declaration of candidacy with the Registrar of Voters not earlier than the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March. Timely filing of such declaration is a prerequisite to election.

       3.  If the Board establishes various election areas within the District and there are two or more seats upon the Board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

       4.  If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member may not participate in the declaration.

       5.  If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner provided in subsection [4] 3 of section 7 of this act for filling a vacancy.

 


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ê2013 Statutes of Nevada, Page 1851 (Chapter 353, AB 131)ê

 

      Sec. 3.  1.  Notwithstanding the provisions of the Virgin Valley Water District Act, the term of each member of the Board of the Virgin Valley Water District expires on December 31, 2014.

      2.  As soon as practicable after all the members of the Board of the Virgin Valley Water District are elected and qualified pursuant to section 5 of the Virgin Valley Water District Act, as amended by section 1 of this act, the members of the Board shall, by lot, select:

      (a) Three members of the Board to serve for terms of 4 years, including:

             (1) Two members who reside in and are elected by a plurality of the qualified electors of the geographical area of the District located north of the Virgin River; and

             (2) One member who resides in and is elected by a plurality of the qualified electors of the geographical area of the District located south of the Virgin River; and

      (b) Two members of the Board to serve for terms of 2 years, including:

             (1) One member who resides in and is elected by a plurality of the qualified electors of the geographical area of the District located north of the Virgin River; and

             (2) One member who resides in and is elected by a plurality of the qualified electors of the geographical area of the District located south of the Virgin River.

      Sec. 4.  This act becomes effective on January 1, 2014, for the purpose of filing a declaration of candidacy to serve as a member of the Board of the Virgin Valley Water District and on January 1, 2015, for all other purposes.

________

CHAPTER 354, AB 146

Assembly Bill No. 146–Assemblymen Horne and Frierson

 

Joint Sponsors: Senators Atkinson; and Ford

 

CHAPTER 354

 

[Approved: June 2, 2013]

 

AN ACT relating to crimes; establishing the crime of involuntary servitude of a minor; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes the crime of holding a person in involuntary servitude and provides that a person who holds another person in involuntary servitude is guilty of a category B felony. If a victim held in involuntary servitude suffers substantial bodily harm while held in involuntary servitude or in attempted escape or escape therefrom, the person who held the victim in involuntary servitude is punished by imprisonment in the state prison for a minimum term of not less than 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000. If the victim suffers no substantial bodily harm as a result of being held in involuntary servitude, the person who held the victim in involuntary servitude is punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000. (NRS 200.463)

 


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ê2013 Statutes of Nevada, Page 1852 (Chapter 354, AB 146)ê

 

      Section 2 of this bill establishes the crime of holding a minor in involuntary servitude and provides that a person who holds a minor in involuntary servitude is guilty of a category A felony and is punished by life imprisonment with the possibility of parole when a minimum of 15 years has been served. Sections 3, 4, 8 and 14 of this bill provide that a person found guilty of holding a minor in involuntary servitude is subject to the greater penalty for that crime if the act of holding the minor in involuntary servitude could subject the person to a lesser punishment under another statute. Sections 1, 6, 7 and 9-11 of this bill add references to section 2 so that the crime of holding a minor in involuntary servitude is treated the same as the crime of holding a person in involuntary servitude for certain purposes, including, without limitation, the habitual felon statute and civil forfeiture. Section 13 of this bill adds the crime of holding a minor in involuntary servitude to the list of offenses that constitute a crime against a child, thereby requiring a person convicted of holding a minor in involuntary servitude to register with law enforcement as an offender convicted of a crime against a child.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 193.1675 is hereby amended to read as follows:

      193.1675  1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460 to 200.465, inclusive, and section 2 of this act, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator may, in addition to the term of imprisonment prescribed by statute for the crime, 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 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

      2.  A sentence imposed pursuant to this section:

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      3.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 2. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor or provides care for any length of time to a minor and who knowingly:

 


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ê2013 Statutes of Nevada, Page 1853 (Chapter 354, AB 146)ê

 

      (a) Obtains labor or services from the minor by causing or threatening to cause serious harm to the minor or by engaging in a pattern of conduct that results in physical injury to the minor, sexual abuse of the minor or sexual assault of the minor pursuant to NRS 200.366; or

      (b) Benefits, financially or by receiving anything of value other than sexual gratification from the labor or services obtained by the conduct specified in paragraph (a),

Ê is guilty of holding a minor in involuntary servitude.

      2.  A person who is found guilty of holding a minor in involuntary servitude is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of at least $50,000.

      3.  Consent of the victim to the performance of any labor or services is not a valid defense to a prosecution conducted pursuant to this section.

      4.  Nothing in this section shall be construed to prohibit a parent or guardian of a child from requiring his or her child to perform common household chores under the threat of the reasonable exercise of discipline by the parent or guardian of the child.

      5.  For the purposes of this section:

      (a) “Physical injury” includes, without limitation:

             (1) A sprain or dislocation;

             (2) Damage to cartilage;

             (3) A fracture of a bone or the skull;

             (4) An injury causing an intracranial hemorrhage or injury to another internal organ;

             (5) Permanent or temporary disfigurement, including, without limitation, a burn, scalding, cut, laceration, puncture or bite; or

             (6) Permanent or temporary loss or impairment of a part or organ of the body.

      (b) “Serious harm” means any harm, whether physical or nonphysical, including, without limitation, psychological, financial or reputational harm, that is sufficiently serious, under the circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim to perform or to continue to provide labor or services to avoid incurring that harm.

      (c) “Sexual abuse” includes acts upon a child constituting:

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

             (2) Sado-masochistic abuse pursuant to NRS 201.262;

             (3) Sexual assault pursuant to NRS 200.366;

             (4) Open or gross lewdness pursuant to NRS 201.210; and

             (5) Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child pursuant to NRS 200.5083.

      Sec. 3. NRS 200.463 is hereby amended to read as follows:

      200.463  1.  A person who knowingly subjects, or attempts to subject, another person to forced labor or services by:

 

 


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ê2013 Statutes of Nevada, Page 1854 (Chapter 354, AB 146)ê

 

      (a) Causing or threatening to cause physical harm to any person;

      (b) Physically restraining or threatening to physically restrain any person;

      (c) Abusing or threatening to abuse the law or legal process;

      (d) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;

      (e) Extortion; or

      (f) Causing or threatening to cause financial harm to any person,

Ê is guilty of holding a person in involuntary servitude.

      2.  [A] Unless a greater penalty is provided in section 2 of this act, a person who is found guilty of holding a person in involuntary servitude is guilty of a category B felony and shall be punished:

      (a) Where the victim suffers substantial bodily harm while held in involuntary servitude or in attempted escape or escape therefrom, by imprisonment in the state prison for a minimum term of not less than 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

      (b) Where the victim suffers no substantial bodily harm as a result of being held in involuntary servitude, by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

      Sec. 4. NRS 200.464 is hereby amended to read as follows:

      200.464  Unless a greater penalty is provided pursuant to NRS 200.468, or section 2 of this act, a person who knowingly:

      1.  Recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be held in involuntary servitude; or

      2.  Benefits, financially or by receiving anything of value, from participating in a violation of NRS 200.463 [,] or section 2 of this act,

Ê 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 15 years, and may be further punished by a fine of not more than $50,000.

      Sec. 5. NRS 200.468 is hereby amended to read as follows:

      200.468  1.  A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada whom the person knows or has reason to know does not have the legal right to enter or remain in the United States with the intent to:

      (a) Subject the person to involuntary servitude or any other act prohibited pursuant to NRS 200.463 or 200.465 [;] or section 2 of this act;

      (b) Violate any state or federal labor law, including, without limitation, 8 U.S.C. § 1324a; or

      (c) Commit any other crime which is punishable by not less than 1 year imprisonment in the state prison.

      2.  A person who violates the provisions of subsection 1 is guilty of trafficking in persons for illegal purposes and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

 


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ê2013 Statutes of Nevada, Page 1855 (Chapter 354, AB 146)ê

 

not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

      Sec. 6. NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this State of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,

Ê is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

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

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

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.464, 200.465, 200.467, 200.468, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, paragraph (b) of subsection 1 or subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484C.130, 484C.430 or 484E.010 [.] or section 2 of this act.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      Sec. 7. NRS 41.690 is hereby amended to read as follows:

      41.690  1.  A person who has suffered injury as the proximate result of the willful violation of the provisions of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.464, 200.465, 200.467, 200.468, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 or section 2 of this act by a perpetrator who was motivated by the injured person’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation may bring an action for the recovery of his or her actual damages and any punitive damages which the facts may warrant. If the person who has suffered injury prevails in an action brought pursuant to this subsection, the court shall award the person costs and reasonable attorney’s fees.

      2.  The liability imposed by this section is in addition to any other liability imposed by law.

 


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ê2013 Statutes of Nevada, Page 1856 (Chapter 354, AB 146)ê

 

      Sec. 8. NRS 127.300 is hereby amended to read as follows:

      127.300  1.  Except as otherwise provided in NRS 127.275, 127.285, 200.463, 200.464 and 200.465, and section 2 of this act, a person who, without holding a valid license to operate a child-placing agency issued by the Division, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of any child for adoption or permanent free care is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The natural parents and the adopting parents are not accomplices for the purpose of this section.

      Sec. 9. NRS 128.097 is hereby amended to read as follows:

      128.097  If a parent of a child:

      1.  Engages in conduct that violates any provision of NRS 200.463, 200.464 or 200.465 [;] or section 2 of this act; or

      2.  Voluntarily delivers a child to a provider of emergency services pursuant to NRS 432B.630,

Ê the parent is presumed to have abandoned the child.

      Sec. 10. NRS 128.106 is hereby amended to read as follows:

      128.106  In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:

      1.  Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his or her home pursuant to chapter 432B of NRS.

      2.  Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.

      3.  Conduct that violates any provision of NRS 200.463, 200.464 or 200.465 [.] or section 2 of this act.

      4.  Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.

      5.  Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for the child’s physical, mental and emotional health and development, but a person who, legitimately practicing his or her religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.

      6.  Conviction of the parent for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.

      7.  Unexplained injury or death of a sibling of the child.

      8.  Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.

      Sec. 11. NRS 176.515 is hereby amended to read as follows:

      176.515  1.  The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.

 


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      2.  If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

      3.  Except as otherwise provided in NRS 176.0918, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.

      4.  A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.

      5.  The court may grant a motion to vacate a judgment if:

      (a) The judgment is a conviction for a violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the defendant was not alleged to be a customer of a prostitute;

      (b) The participation of the defendant in the offense was the result of the defendant having been a victim of:

             (1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or

             (2) Involuntary servitude as described in NRS 200.463 [;] or section 2 of this act; and

      (c) The defendant makes a motion under this subsection with due diligence after the defendant has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

      6.  In deciding whether to grant a motion made pursuant to subsection 5, the court shall take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.

      7.  If the court grants a motion made pursuant to subsection 5, the court:

      (a) Shall vacate the judgment and dismiss the accusatory pleading; and

      (b) May take any additional action that the court deems appropriate under the circumstances.

      Sec. 12. NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft if it is punishable as a felony;

      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.463 to 200.468, inclusive, and section 2 of this act, 201.300 to 201.340, inclusive, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405 or 465.070 to 465.085, inclusive.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

 


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felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, consent or willful blindness;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 13. NRS 179D.0357 is hereby amended to read as follows:

      179D.0357  “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

      1.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent or guardian of the victim.

      2.  False imprisonment pursuant to NRS 200.460, unless the offender is the parent or guardian of the victim.

      3.  Involuntary servitude of a child pursuant to section 2 of this act, unless the offender is the parent or guardian of the victim.

      4.  An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.

      [4.]5.  An attempt to commit an offense listed in this section.

      [5.]6.  An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      [6.]7.  An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense.

 


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committed a crime against a child because of the offense. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 14. NRS 613.080 is hereby amended to read as follows:

      613.080  1.  The immigration to this State of all slaves and other people bound by contract to involuntary servitude for a term of years is hereby prohibited.

      2.  It is unlawful for any company, person or persons to collect the wages or compensation for the labor of the persons described in subsection 1.

      3.  It is unlawful for any corporation, company, person or persons to pay to any owner or agent of the owner of any such persons mentioned in subsection 1 any wages or compensation for the labor of such slaves or persons so bound by the contract to involuntary servitude.

      4.  Unless a greater penalty is provided in NRS 200.463, 200.464 or 200.468, or section 2 of this act, a violation of any of the provisions of this section is a gross misdemeanor.

________

CHAPTER 355, AB 176

Assembly Bill No. 176–Assemblymen Carrillo, Eisen; Hansen and Munford

 

CHAPTER 355

 

[Approved: June 2, 2013]

 

AN ACT relating to the control of emissions from engines; exempting a consignee who sells a motor vehicle at a consignment auction from the requirement to cause the inspection of the emissions of the motor vehicle or to obtain evidence of pollution-control compliance of the motor vehicle if the consignee meets certain conditions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires certain sellers or long-term lessors of a used vehicle to provide the buyer or long-term lessee of the vehicle with evidence of compliance certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles and complies with the requirements of the State Environmental Commission. (NRS 445B.800) Section 6 of this bill exempts a consignee from that requirement for any motor vehicle sold at a consignment auction if the consignee: (1) informs the buyer that the buyer will be responsible for obtaining an emissions inspection or testing before the buyer may register the vehicle; (2) posts a notice at the site of the auction stating that the consignee is exempt from the requirement to obtain an emissions inspection or testing of any vehicle sold by consignment auction and includes a similar notice in any publication that lists the vehicles available at a consignment auction or solicits persons to bid at a consignment auction; and (3) makes the vehicle available for inspection before the auction.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

      Sec. 2. “Consignee” has the meaning ascribed to it in NRS 482.31772.

      Sec. 3. “Consignment auction” means any transaction whereby the registered owner or lienholder of a vehicle, or an insurance company that has acquired a vehicle as part of a total loss settlement, agrees, entrusts or in any other manner authorizes a consignee to act as his or her agent to sell or attempt to sell the interest of the registered owner, lienholder or insurance company in the vehicle at an auction that meets the requirements set forth in section 3.5 of this act.

      Sec. 3.5. 1.  To qualify as a consignment auction for the purposes of subsection 4 of NRS 445B.805, an event must be:

      (a) A live auction with an auctioneer verbally calling for and accepting bids; or

      (b) An auction conducted on an auction website on the Internet by a person who is certified pursuant to subsection 2 and who is:

             (1) A vehicle dealer licensed pursuant to NRS 482.325; or

             (2) A salvage pool licensed pursuant to NRS 487.410.

      2.  A person may obtain certification for the purposes of paragraph (b) of subsection 1 by:

      (a) Applying to the Department of Motor Vehicles;

      (b) Providing evidence satisfactory to the Department that the person is licensed as a vehicle dealer pursuant to NRS 482.325 or as a salvage pool pursuant to NRS 487.410;

      (c) Providing evidence satisfactory to the Department that at least 51 percent of the vehicles sold by the person in the calendar year immediately preceding the date of the person’s application were sold on behalf of another person and were sold using:

             (1) A live auction with an auctioneer verbally calling for and accepting bids; or

             (2) An auction conducted on an auction website on the Internet by the person; and

      (d) Providing any other information or documentation required by the Department.

      3.  The Department may adopt any regulations necessary to carry out the provisions of this section, including, without limitation, providing procedures for the application for and the granting of a certification pursuant to this section and providing for the expiration and renewal of the certification.

      Sec. 4. NRS 445B.700 is hereby amended to read as follows:

      445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and sections 2, 3 and 3.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 5. NRS 445B.759 is hereby amended to read as follows:

      445B.759  1.  The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2, 3 and 3.5 of this act do not apply to:

      (a) Military tactical vehicles; or

      (b) Replica vehicles.

      2.  As used in this section:

      (a) “Military tactical vehicle” means a motor vehicle that is:

             (1) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and

             (2) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

      (b) “Replica vehicle” means any passenger car or light-duty motor vehicle which:

             (1) Has a body manufactured after 1968 which is made to resemble a vehicle of a model manufactured before 1968;

             (2) Has been altered from the original design of the manufacturer or has a body constructed from materials which are not original to the vehicle;

             (3) Is maintained solely for occasional transportation, including exhibitions, club activities, parades, tours or other similar uses; and

             (4) Is not used for daily transportation.

Ê The term does not include a vehicle which has been restored to its original design by replacing parts.

      Sec. 6. NRS 445B.805 is hereby amended to read as follows:

      445B.805  The provisions of NRS 445B.800 do not apply to:

      1.  Transfer of registration or ownership between:

      (a) Husband and wife; or

      (b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle.

      2.  Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this State.

      3.  Transfer of registration if evidence of compliance was issued within 90 days before the transfer.

      4.  A consignee who is conducting a consignment auction which meets the requirements set forth in section 3.5 of this act if the consignee:

      (a) Informs the buyer, using a form, including, without limitation, an electronic form, if applicable, as approved by the Department of Motor Vehicles, that the consignee is not required to obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle;

      (b) Posts a notice in a conspicuous location at the site of the consignment auction or, if applicable, on the Internet website on which the consignment auction is conducted, and includes a notice in any document published by the consignee that lists the vehicles available for the consignment auction or solicits persons to bid at the consignment auction, stating that the consignee is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 if the motor vehicle is sold at the consignment auction; and

 


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      (c) Makes the vehicle available for inspection before the consignment auction:

             (1) In the case of a live auction with an auctioneer verbally calling for and accepting bids, at the location of the consignment auction; or

             (2) In the case of an auction that is conducted on an auction website on the Internet by a consignee who is certified pursuant to subsection 2 of section 3.5 of this act, at the primary place of business of the consignee conducting the consignment auction.

      Sec. 7. NRS 445B.840 is hereby amended to read as follows:

      445B.840  It is unlawful for any person to:

      1.  Possess any unauthorized evidence of compliance;

      2.  Make, issue or use any imitation or counterfeit evidence of compliance;

      3.  Willfully and knowingly fail to comply with the provisions of NRS 445B.700 to 445B.815, inclusive, and sections 2, 3 and 3.5 of this act or any regulation adopted by the Department of Motor Vehicles; or

      4.  Issue evidence of compliance if he or she is not a licensed inspector of an authorized inspection station, authorized station or fleet station.

      Sec. 8. NRS 445B.845 is hereby amended to read as follows:

      445B.845  1.  A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2, 3 and 3.5 of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2, 3 and 3.5 of this act, or any regulation adopted pursuant thereto, must be enforced by any peace officer.

      2.  Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.

      Sec. 9.  This act becomes effective upon passage and approval.

________

CHAPTER 356, AB 246

Assembly Bill No. 246–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 356

 

[Approved: June 2, 2013]

 

AN ACT relating to animals; prohibiting the sale or transfer of ownership of a live animal at a swap meet under certain circumstances; providing exceptions; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth various requirements for operators, retailers and dealers of dogs and cats concerning the care of those dogs and cats, including, without limitation, requirements for buildings, enclosures, outdoor facilities, floor space, food and water, sanitation and examinations by veterinarians. (NRS 574.360-574.510) This bill provides that a person who sells, attempts to sell, offers for adoption or transfers ownership of a live animal at a swap meet is guilty of a misdemeanor.

 


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ownership of a live animal at a swap meet is guilty of a misdemeanor. This bill provides an exception for selling, attempting to sell, offering for adoption or transferring ownership if: (1) the swap meet is conducted in a county or incorporated city in this State which has adopted an ordinance authorizing the sale of a live animal at a swap meet; (2) the person sells, attempts to sell, offers for adoption or transfers ownership of the animal in accordance with the ordinance; and (3) the ordinance adopted by the county or incorporated city is substantially similar to those provisions of existing law, but is applicable to all animals for sale and all persons who sell, attempt to sell, or offer for adoption or transfer ownership of an animal at a swap meet. This bill does not apply to: (1) the transfer or sale of livestock; (2) any event where the primary purpose is to sell or auction livestock or agricultural implements; (3) the adoption of a cat or dog at an event held outdoors by an animal shelter or rescue organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code; or (4) a person who offers an animal for adoption or otherwise transfers ownership of an animal free of charge at a swap meet if the animal has been appropriately vaccinated.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2 and 3, a person who sells or attempts to sell, offers for adoption or transfers ownership of a live animal at a swap meet is guilty of a misdemeanor.

      2.  A person may sell, attempt to sell, offer for adoption or transfer ownership of a live animal at a swap meet if:

      (a) The swap meet is conducted in a county or incorporated city in this State that has adopted an ordinance authorizing the sale of live animals at a swap meet;

      (b) The person sells, attempts to sell, offers for adoption or transfers ownership of the animal in accordance with the ordinance; and

      (c) The ordinance, at a minimum:

             (1) Includes provisions which are substantially similar to the provisions of NRS 574.360 to 574.510, inclusive, and are applicable to all animals offered for sale and all persons who sell, attempt to sell, offer for adoption or transfer ownership of an animal at the swap meet; and

             (2) Does not authorize a person to commit an act of cruelty to an animal in violation of NRS 574.050 to 574.200, inclusive.

      3.  The provisions of this section do not:

      (a) Apply to any sale or transfer of ownership of any livestock.

      (b) Apply to any event where the primary purpose is to sell or auction livestock or agricultural implements.

      (c) Apply to any adoption of a dog or cat at an event held outdoors by an animal shelter or rescue organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      (d) Apply to a person who offers for adoption or transfer ownership of a live animal at a swap meet if:

            (1) A fee is not charged or collected for the adoption or transfer of ownership or otherwise in connection with the transaction; and

 


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             (2) The animal has had all the required vaccinations which are appropriate based upon the age of the animal.

      (e) Exempt a person from complying with:

             (1) Any requirement to obtain a license or other authorization to engage in a business in a county or incorporated city in this State; or

             (2) Any other requirement of the county or incorporated city to engage in business or to sell, attempt to sell, offer for adoption or transfer ownership of a live animal at a swap meet.

      4.  As used in this section:

      (a) “Livestock” has the meaning ascribed to it in NRS 569.0085.

      (b) “Sell” means to barter, exchange, sell, trade, offer for sale, expose for sale, have in possession for sale, arrange the sale of or solicit for sale.

      (c) “Swap meet” means a flea market, open-air market or other organized event at which two or more persons offer merchandise for sale or exchange.

________

CHAPTER 357, AB 264

Assembly Bill No. 264–Assemblymen Grady, Wheeler; Ellison, Kirner and Livermore

 

Joint Sponsors: Senators Goicoechea and Settelmeyer

 

CHAPTER 357

 

[Approved: June 2, 2013]

 

AN ACT relating to livestock; revising provisions relating to the management, control, placement and disposition of estrays and feral livestock; increasing the penalty for certain crimes relating to estrays and feral livestock; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, all estrays and feral livestock are deemed to be the property of the State Department of Agriculture and the Department has all rights accruing under state law to owners of such animals, including providing for the control, placement or disposition of those animals. (NRS 569.010) Section 3 of this bill clarifies that the Department is also authorized to provide for the management of estrays and feral livestock.

      Existing law authorizes the Department to enter into a cooperative agreement for the control, placement or disposition of livestock. (NRS 569.031) Sections 1, 2 and 4-7 of this bill clarify that the Department is authorized to enter into a cooperative agreement pursuant to NRS 569.031 for the management, control, placement and disposition of estrays and feral livestock. Section 4 also requires any person or entity that enters into a cooperative agreement with the Department to hold the State of Nevada harmless from any claim or liability arising from an act or omission of the person or entity in carrying out the agreement.

      Existing law makes it unlawful for a person, other than an authorized agent of the Department, to take up and retain possession of or feed any estray or feral livestock. Under existing law, a person is not cited or charged criminally for the first violation of the prohibition against feeding an estray or feral livestock, but instead receives a warning. (NRS 569.040) Section 5 also makes a second or subsequent violation of such an offense a gross misdemeanor.

 


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      Under existing law, a person who takes up or retains possession of any estray or feral livestock which is not his or her property and without the owner’s consent is guilty of a misdemeanor. (NRS 569.130) Section 8 of this bill increases the penalty for that violation from a misdemeanor to a gross misdemeanor.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.218 is hereby amended to read as follows:

      561.218  1.  The Director shall appoint a person to manage the activities of the Department relating to natural resources, land use planning and the management and control of wild horses, estrays and feral livestock. The person must be appointed on the basis of merit and is in the unclassified service of the State. The Director may remove the person from office with the approval of the Board.

      2.  The person appointed shall:

      (a) Establish and carry out a policy for the management and control of estrays and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.

      (b) Develop cooperative agreements and working relationships with federal and state agencies and local governments for land use planning and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.

      (c) Cooperate with private organizations and governmental agencies to develop procedures and policies for the management and control of wild horses.

      (d) Monitor gatherings of estrays and feral livestock conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors in identifying estrays before they are sold or given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031 [.] for the management, control, placement or disposition of estrays and feral livestock.

      (e) Provide the members of the general public with information relating to the activities of the Department and solicit recommendations from the members of the general public and advisory groups concerning those activities.

      (f) Make assessments of the level of competition between livestock and wildlife for food and water, collect data concerning the movement of livestock and perform activities necessary to control noxious weeds.

      (g) Participate in land use planning relating to the competition for food and water between livestock and wildlife to ensure the maintenance of the habitat of both livestock and wildlife.

      (h) Present testimony, conduct research and prepare reports for the Governor, the Legislature, the Director and any other person or governmental entity as directed by the Director.

      (i) Develop and carry out a program to educate the members of the general public concerning the programs administered by the Department, including programs for the management and control of estrays and feral livestock.

      (j) Make proposals to the Director for the amendment of the regulations adopted by the Board pursuant to NRS 561.105.

      (k) Perform such other duties as directed by the Director.

 


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      3.  As used in this section:

      (a) “Estray” has the meaning ascribed to it in NRS 569.0075.

      (b) “Feral livestock” has the meaning ascribed to it in NRS 569.008.

      (c) “Wild horse” means a horse, mare or colt which is unbranded and unclaimed and lives on public land.

      Sec. 2. NRS 561.344 is hereby amended to read as follows:

      561.344  1.  The Livestock Inspection Account is hereby created in the State General Fund for the use of the Department.

      2.  The following special taxes, fees and other money must be deposited in the Livestock Inspection Account:

      (a) All special taxes on livestock as provided by law.

      (b) Fees and other money collected pursuant to the provisions of chapter 564 of NRS.

      (c) Fees collected pursuant to the provisions of chapter 565 of NRS.

      (d) Unclaimed proceeds from the sale of estrays and feral livestock by the Department pursuant to NRS 569.005 to 569.130, inclusive, or proceeds required to be deposited in the Livestock Inspection Account pursuant to a cooperative agreement established pursuant to NRS 569.031 [.] for the management, control, placement or disposition of estrays and feral livestock.

      (e) Fees collected pursuant to the provisions of chapter 573 of NRS.

      (f) Fees collected pursuant to the provisions of chapter 576 of NRS.

      (g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of animals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 571 of NRS.

      3.  Expenditures from the Livestock Inspection Account must be made only for carrying out the provisions of this chapter and chapters 564, 569, 571, 573 and 576 of NRS.

      4.  The interest and income earned on the money in the Livestock Inspection Account, after deducting any applicable charges, must be credited to the Account.

      Sec. 3. NRS 569.010 is hereby amended to read as follows:

      569.010  1.  Except as otherwise provided by law, all estrays and feral livestock within this state shall be deemed for the purpose of this section to be the property of the Department.

      2.  The Department has all rights accruing pursuant to the laws of this state to owners of those animals, and may:

      (a) Dispose of estrays and feral livestock by sale through an agent appointed by the Department; or

      (b) Provide for the management, control, placement or disposition of estrays and feral livestock through cooperative agreements pursuant to NRS 569.031.

      3.  Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the Livestock Inspection Account after 1 year. The Department may disallow all claims if it deems the claims illegal or not showing satisfactory evidence of title.

      4.  The Department or any political subdivision of this state is not liable for any trespass or other damage caused by any of those estrays or feral livestock.

 


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      Sec. 4. NRS 569.031 is hereby amended to read as follows:

      569.031  The Department may enter into a cooperative agreement for the management, control, placement or disposition of the livestock with another agency of this state or with a county, city, town, township, peace officer, poundmaster or nonprofit organization. If an agreement is entered into, it must provide for:

      1.  The responsibility for the payment of the expenses incurred in taking up, holding, advertising and making the disposition of the estray or feral livestock, and any damages for trespass allowed pursuant to NRS 569.440;

      2.  The disposition of any money received from the sale of the livestock;

      3.  The protection of the rights of a lawful owner of an estray or feral livestock pursuant to NRS 569.040 to 569.130, inclusive; [and]

      4.  The designation of the specific geographic area of this state to which the cooperative agreement applies [.] ; and

      5.  The cooperating person or entity to hold the State of Nevada harmless from any claim or liability arising from an act or omission of the cooperating person or entity in carrying out the cooperative agreement.

Ê The Department shall annually review the actions of the cooperating person or entity for compliance with the agreement. The Department may cancel the agreement upon a finding of noncompliant actions.

      Sec. 5. NRS 569.040 is hereby amended to read as follows:

      569.040  1.  Except as otherwise provided in subsection 2, NRS 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement established pursuant to NRS 569.031 [,] for the management, control, placement or disposition of estrays and feral livestock, it is unlawful for any person or the person’s employees or agents, other than an authorized agent of the Department, to:

      (a) Take up any estray or feral livestock and retain possession of it; or

      (b) Feed any estray or feral livestock.

      2.  For a first violation of paragraph (b) of subsection 1, a person must not be cited or charged criminally but must be informed that it is unlawful to feed an estray or feral livestock.

      3.  For a second or subsequent violation of paragraph (b) of subsection 1, a person is guilty of a gross misdemeanor.

      Sec. 6. NRS 569.080 is hereby amended to read as follows:

      569.080  1.  If an estray is not claimed within 5 working days after the last publication of the advertisement required by NRS 569.070, it must be:

      (a) Sold by the Department; or

      (b) Held by the Department until the estray is given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031 [.] for the management, control, placement or disposition of estrays and feral livestock.

      2.  If feral livestock is not claimed by the date of sale published pursuant to NRS 569.075, the feral livestock must be sold by the Department pursuant to NRS 569.075 or placed pursuant to a cooperative agreement established pursuant to NRS 569.031 [.] for the management, control, placement or disposition of estrays and feral livestock.

      3.  If the Department sells the estray or feral livestock, the Department shall give a brand inspection clearance certificate to the purchaser.

      4.  Estrays and feral livestock must be marked, branded or identified with an individual animal identification before sale or placement.

 


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      Sec. 7. NRS 569.090 is hereby amended to read as follows:

      569.090  1.  Except as otherwise provided pursuant to a cooperative agreement established pursuant to NRS 569.031 [,] for the management, control, placement or disposition of estrays and feral livestock, the Department shall:

      (a) Pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray or feral livestock, and any damages for trespass allowed pursuant to NRS 569.440, from the proceeds of the sale of the estray or feral livestock and shall place the balance in an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. The proceeds from the sale and any interest on those proceeds, which are not claimed pursuant to subsection 2 within 1 year after the sale, must be deposited in the State Treasury for credit to the Livestock Inspection Account.

      (b) Make a complete record of the transaction, including any marks and brands and other means of identification of the estray, and shall keep the record available for inspection by members of the general public.

      2.  If the lawful owner of the estray or feral livestock is found within 1 year after its sale and proves ownership to the satisfaction of the Department, the net amount received from the sale must be paid to the owner.

      3.  If any claim pending 1 year after the date of sale is denied, the proceeds and any interest thereon must be deposited in the Livestock Inspection Account.

      Sec. 8. NRS 569.130 is hereby amended to read as follows:

      569.130  Any person, including, without limitation, any firm, company, association or corporation, who takes up or retains in his or her possession any estray or feral livestock not the person’s property, without the owner’s consent, or except in accordance with the provisions of NRS 569.040 to 569.130, inclusive, is guilty of a gross misdemeanor.

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CHAPTER 358, AB 286

Assembly Bill No. 286–Assemblywoman Flores

 

CHAPTER 358

 

[Approved: June 2, 2013]

 

AN ACT relating to emergency medical services; requiring a host organization of a special event to provide emergency medical personnel and emergency medical services at the site of the special event under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law governs the provision of emergency medical services to persons in this State. (Chapter 450B of NRS) Sections 11 and 12 of this bill provide that, in a county whose population is 100,000 or more (currently Clark and Washoe Counties), if a special event is projected to be attended by 2,500 or more persons but less than 50,000 persons at the same time, the host organization of the special event is required to provide certain medical personnel and emergency medical services if certain factors apply to the special event. Section 13 of this bill requires that in all counties where a special event is projected to be attended by 50,000 or more persons at the same time, the host organization shall comply with the requirements for the provision of first-aid stations, dedicated advanced life support ambulances and certain medical personnel.

 


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where a special event is projected to be attended by 50,000 or more persons at the same time, the host organization shall comply with the requirements for the provision of first-aid stations, dedicated advanced life support ambulances and certain medical personnel. The definition of “special event” set forth in section 10 of this bill excludes a temporary event which is held at a location that: (1) is designed to host certain temporary events; and (2) has permanently established methods of providing first-aid or emergency medical services at the location. Section 6 of this bill defines a “host organization” as the person who obtained the permit for the special event or, if a permit was not obtained for the special event, the person who sponsored the special event. The number of first-aid stations, dedicated advanced life support ambulances and medical personnel and the level of skill of the medical personnel required varies based on the number of persons who are projected to attend the special event and certain other factors.

      Existing law provides that a violation of the provisions which govern emergency medical services is a misdemeanor. Existing law further authorizes the Health Division of the Department of Health and Human Services to impose an administrative penalty against any person who violates those provisions. (NRS 450B.900) Those penalties are applicable to a violation of the provisions of sections 11-13.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2. “Automated external defibrillator” or “defibrillator” means a medical device that:

      1.  Has been approved by the United States Food and Drug Administration;

      2.  Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia in a patient;

      3.  Is capable of determining, without intervention by the operator of the device, whether defibrillation should be performed on a patient;

      4.  Upon determining that defibrillation should be performed on a patient, automatically charges and requests delivery of an electrical impulse to the patient’s heart; and

      5.  Upon appropriate action by the operator of the device, delivers an appropriate electrical impulse to the patient’s heart.

      Sec. 3. As used in sections 3 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Dedicated advanced life support ambulance” means an ambulance equipped to provide advanced life support that:

      1.  Is capable of transporting a patient from a special event to a hospital but, upon delivering the patient, immediately returns to the site of the special event; and

      2.  Is staffed by:

      (a) At least one advanced emergency medical technician and intermediate emergency medical technician; or

      (b) At least two other attendants, each with an equivalent or a higher level of skill than the levels described in paragraph (a).

 


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      Sec. 5. “First-aid station” means a fixed location at the site of a special event that is staffed by at least one emergency medical technician or a person with a higher level of skill who is capable of providing emergency medical care within his or her scope of practice.

      Sec. 6. “Host organization” means:

      1.  If a permit was obtained for a special event, the person who obtained the permit; or

      2.  If a permit was not obtained for a special event, the person who sponsored the special event.

      Sec. 7. “Roving emergency medical technician team” means a team at the site of a special event that:

      1.  Consists of two or more emergency medical technicians, intermediate emergency medical technicians or advanced emergency medical technicians; and

      2.  Has the medical supplies necessary to provide emergency medical care.

      Sec. 8. “Roving intermediate emergency medical technician team” means a roving emergency medical team that consists of two or more intermediate emergency medical technicians or advanced emergency medical technicians.

      Sec. 9. “Significant number” means, with regard to:

      1.  Contacts by emergency medical personnel with persons who attended a special event, the number of contacts is 0.07 percent or more of the total number of persons who attended the special event; and

      2.  Patients transported to a hospital, the number of patients transported from the special event to the hospital by ambulance or private vehicle is 15 percent or more of the total number of contacts at the special event by emergency medical personnel with persons who attended the special event.

      Sec. 10. “Special event” means a temporary event, including, without limitation, a concert or sporting event, at which 2,500 or more persons are projected to be in attendance at the same time. The term does not include a temporary event held at a location which is designed to host concerts, sporting events, conventions, trade shows and any other similar events and which has permanently established methods for providing first-aid or emergency medical services at the location.

      Sec. 11. 1.  In a county whose population is 100,000 or more, if a special event at which 2,500 or more persons but less than 10,000 persons are projected to be in attendance at the same time, the host organization shall provide at least one first-aid station at the site of the special event if:

      (a) The special event is a concert; or

      (b) Three or more of the following factors apply to the special event:

             (1) The special event involves a high-risk activity, including, without limitation, sports or racing.

             (2) The special event poses environmental hazards to persons attending the special event or is held during a period of extreme heat or cold.

             (3) The average age of the persons attending the special event is less than 25 years of age or more than 50 years of age.

             (4) A large number of the persons attending the special event have acute or chronic illnesses.

 


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             (5) Alcohol is sold at the special event or, if the special event has been held before, there is a history of alcohol or drug use by the persons who attended the special event in the past.

             (6) The density of the number of persons attending the special event increases the difficulty regarding:

                   (I) Access to the persons who are attending the special event who require emergency medical care; or

                   (II) The transfer of those persons who require emergency medical care to an ambulance.

      2.  In a county whose population is 100,000 or more, if the host organization meets the requirements of paragraph (a) or (b) of subsection 1 and 10,000 or more persons but less than 15,000 persons are projected to be in attendance at the special event at the same time, the host organization shall:

      (a) Provide at least one first-aid station at the site of the special event and equip the first-aid station with an automated external defibrillator; and

      (b) Provide a roving emergency medical technician team at the site of the special event.

      3.  In a county whose population is 100,000 or more, if the host organization meets the requirements of paragraph (a) or (b) of subsection 1 and 15,000 or more persons but less than 50,000 persons are projected to be in attendance at the special event at the same time, the host organization shall:

      (a) Provide at least one first-aid station at the site of the special event and staff the first-aid station with at least one registered nurse, licensed practical nurse or advanced emergency medical technician in lieu of an emergency medical technician; and

      (b) Provide two or more roving intermediate emergency medical technician teams at the site of the special event.

      Sec. 12. 1.  In a county whose population is 100,000 or more, if a special event at which 2,500 or more persons but less than 15,000 persons are projected to be in attendance at the same time, the host organization shall provide at least one dedicated advanced life support ambulance at the special event if the special event:

      (a) Is located more than 5 miles from the closest hospital; or

      (b) Has been held before and there is a history of a significant number of:

             (1) Contacts by emergency medical personnel with persons who attended the special event to provide emergency medical care to those persons; or

             (2) Persons who attended the special event who were transported as patients from the special event to a hospital.

      2.  In a county whose population is 100,000 or more, if the host organization meets the requirements of paragraph (a) or (b) of subsection 1 and 15,000 or more persons but less than 50,000 persons are projected to be in attendance at the special event at the same time, the host organization shall provide at least two dedicated advanced life support ambulances at the special event.

      Sec. 13. If a special event at which 50,000 or more persons are projected to be in attendance at the same time, the host organization shall provide:

 


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      1.  Two or more first-aid stations at the site of the special event;

      2.  Two or more physicians licensed pursuant to chapter 630 or 633 of NRS;

      3.  Two or more roving emergency medical technician teams; and

      4.  Two or more dedicated advanced life support ambulances.

      Sec. 14. NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 15. NRS 450B.595 is hereby repealed.

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CHAPTER 359, AB 312

Assembly Bill No. 312–Assemblymen Livermore, Hickey, Hambrick; Paul Anderson, Bustamante Adams, Fiore, Grady, Hardy, Healey, Kirner, Munford, Oscarson, Stewart and Wheeler

 

Joint Sponsor: Senator Atkinson

 

CHAPTER 359

 

[Approved: June 2, 2013]

 

AN ACT relating to the Charter of Carson City; revising provisions of the Charter relating to the Charter Committee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Charter of Carson City provides for the appointment of a Charter Committee to advise the Board of Supervisors concerning potential amendments to the Charter. (Carson City Charter §§ 1.080, 1.090) Currently, each Supervisor and each member of the Senate and Assembly delegation representing the residents of Carson City nominates at least one person for membership on the Charter Committee, and the Board appoints the members of the Committee. The Charter also provides that each member of the Committee serves a term concurrent with the term of the public officer who nominated him or her for appointment. (Carson City Charter § 1.080) Section 1 of this bill revises the appointment process to provide that the Mayor, each other member of the Board and each member of the Senate and Assembly delegation representing the residents of Carson City is to appoint one member of the Committee. Section 1 also provides that each member of the Committee serves a term concurrent to the term of the public officer by whom he or she was appointed, or at the pleasure of that public officer.

      Section 1.5 of this bill revises provisions of the current Charter governing the meetings and duties of the Committee.

      The current Charter also authorizes the Board of Supervisors to remove members of the Committee for good cause and requires the Board to fill any vacancy that occurs on the Committee. (Carson City Charter § 1.100) Section 2 of this bill authorizes the public officer, or his or her successor, who has appointed a member of the Committee to remove the member with or without cause and fill any vacancy created by the removal or resignation of a member.

      Section 3 of this bill provides that a member who is serving on the Committee as of the effective date of this bill (January 1, 2014) may continue to serve until the expiration of his or her term or until he or she is removed.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.080 of the Charter of Carson City, being chapter 341, Statutes of Nevada 1999, at page 1406, is hereby amended to read as follows:

       Sec. 1.080  Charter Committee: [Nomination; appointment; terms;] Appointment; qualifications; terms; compensation.

       1.  The [candidates for membership on] members of the Charter Committee must be [nominated] appointed as follows:

       (a) [Each Supervisor] The Mayor and each other member of the Board shall [nominate at least] appoint one [candidate;] member; and

       (b) Each member of the Senate and Assembly delegation representing the residents of the City shall [nominate at least] appoint one [candidate.

       2.  The Board shall:

       (a) Determine the appropriate number of members of the Charter Committee from the candidates nominated; and

       (b) Appoint the members of the Charter Committee.

       3.] member.

       2.  Each member of the Charter Committee must:

       (a) Be a registered voter in Carson City;

       (b) Serve a term concurrent to the term of the public officer by whom he or she was [nominated;] appointed, or at the pleasure of that public officer;

       (c) Reside in Carson City during his or her term of office; and

       (d) Serve without compensation.

      Sec. 1.5.  Section 1.090 of the Charter of Carson City, being chapter 341, Statutes of Nevada 1999, as amended by chapter 68, Statutes of Nevada 2003, at page 451, is hereby amended to read as follows:

       Sec. 1.090  Charter Committee: Officers; meetings; duties [.] ; legislative measures.

       1.  The Charter Committee shall:

       [1.](a) Elect [a Chair and Vice Chair] from among its members a Chair and Vice Chair, who each serve for a term of 2 years [;] unless he or she resigns or is removed from the Committee pursuant to section 1.100;

       [2.](b) Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the Board or the Chair of the Committee;

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

       4.  Assist]

       (d) If the Board elects to submit the Committee’s recommended amendments to the Legislature as one of the City’s legislative measures, assist the Board in the timely preparation of such amendments for presentation to the Legislature on behalf of the City; [amendments for presentation to the Legislature on behalf of the City.]

 


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amendments for presentation to the Legislature on behalf of the City; [amendments for presentation to the Legislature on behalf of the City.] and

       (e) Perform all functions and do all things necessary to accomplish the purposes for which it is established, including holding meetings and public hearings and obtaining assistance from officers of the City to ensure the Committee’s compliance with any law applicable to a public body.

       2.  If the Board elects not to submit the Committee’s recommended amendments to the Legislature as one of the City’s legislative measures, the Committee may vote to authorize a member of the Committee to seek sponsorship of a legislative measure by a member of the Senate or Assembly delegation representing the residents of the City and to assist the Senator, Assemblyman or Assemblywoman, as applicable, in the timely preparation of such amendments for presentation to the Legislature. The member of the Committee shall not represent that any such legislative measure is approved or supported by the Board and shall disclose to the Senator, Assemblyman or Assemblywoman, as applicable, that the legislative measure is not approved or supported by the Board.

      Sec. 2. Section 1.100 of the Charter of Carson City, being chapter 341, Statutes of Nevada 1999, at page 1406, is hereby amended to read as follows:

       Sec. 1.100  Charter Committee: Removal [;] of members; vacancies.

       1.  A member of the Charter Committee may be removed by the [Board for:

       (a) Missing three consecutive regular meetings; or

       (b) Other good cause.] public officer, or his or her successor in office, who appointed the member.

       2.  [The Board shall fill any] Any vacancy that occurs on the Charter Committee [for the unexpired term.] must be filled as provided by section 1.080.

      Sec. 3.  1.  Any person who is serving as a member of the Charter Committee of Carson City on January 1, 2014, and is qualified to serve in that capacity pursuant to subsection 2 of section 1.080 of the Charter of Carson City, as amended by section 1 of this act, may continue to serve until:

      (a) The expiration of his or her term; or

      (b) He or she is removed pursuant to section 1.100 of the Charter, as amended by section 2 of this act.

      2.  Any person described in subsection 1 whose term expires on or after January 1, 2014, may be reappointed to the Charter Committee pursuant to section 1.080 of the Charter, as amended by section 1 of this act.

      Sec. 4.  This act becomes effective on January 1, 2014.

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