[Rev. 8/1/2013 3:22:20 PM]

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ê2001 Statutes of Nevada, 17th Special Session, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

SEVENTEENTH SPECIAL  SESSION OF THE LEGISLATURE

2001

________

 

CHAPTER 1, AB 1

Assembly Bill No. 1–Joint Rules Committee

 

CHAPTER 1

 

AN ACT relating to the protection of children; transferring certain duties of the division of child and family services of the department of human resources to an agency of the county in certain large counties; establishing a legislative committee on children, youth and families; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

    Whereas, Under the current child welfare system in this state, a child residing in a county whose population is 100,000 or more who is in need of protective custody services is initially under the supervision of the county; and

    Whereas, If such a child is unable to return safely to the home of his parents and will remain in out-of-home care for more than 6 months, custody of the child is typically transferred to the Division of Child and Family Services of the Department of Human Resources; and

    Whereas, After being transferred to the Division of Child and Family Services, a child and his parents are typically assigned a new case manager, the child is placed in a new foster home that is willing to accept the foster care rates paid by the Division and the child is transferred to a new therapist who is a Medicaid provider; and

    Whereas, Under this bifurcated system, the transfer of custody to the Division of Child and Family Services may result in a delay of up to 6 months in the commencement of a permanent plan for the care and treatment of a child and may cause the child to remain in the system for a longer period; and

    Whereas, The Federal Adoption and Safe Families Act of 1997 requires the agency which provides child welfare services to pursue termination of parental rights for any child who remains in out-of-home care for 15 months out of the immediately preceding 22 months; and

    Whereas, The interruption of services to children and families caused by the bifurcated system places parents at risk of having their parental rights terminated unjustly; and

    Whereas, The bifurcated system also creates disparities in the rates of reimbursement for providers of foster care and the compensation paid to employees of the county and the state; and

    Whereas, The duplication of efforts inherent in a bifurcated system is inefficient; and


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      Whereas, Integration of the child welfare system in this state will begin to eliminate the inefficiencies of the current system by reducing the number of placements of children in foster homes, decreasing the length of time that children remain in out-of-home care and ensuring that children are placed in permanent homes as soon as possible; and

      Whereas, The rates for foster care reimbursement should be established at a level that enables a provider of foster care to care for a child adequately and the rates should be standardized within each county and structured in a manner that avoids any unnecessary interruptions in foster home placements because of changing levels of reimbursements; and

      Whereas, Fairness to employees affected by the integration of the child welfare system is a priority; and

      Whereas, The Division of Child and Family Services and counties whose population is 100,000 or more have a shared fiscal responsibility for the costs of providing child welfare services and must be committed to ensuring through negotiation in good faith future maintenance of their efforts in providing those services and to equitably sharing future costs for providing those services; and

      Whereas, To ensure an equitable funding of the integrated child welfare system, the base amounts required for determining the federal and nonfederal contributions for funding the system will be based on an experience that reflects a full fiscal year; and

      Whereas, Integration of the child welfare system in this state will allow the placement of children in a child welfare system that is adequately funded and structured to avoid unnecessary interruptions in placement and will ensure that permanency is achieved for children in accordance with federal and state laws; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125A.080 is hereby amended to read as follows:

      125A.080  1.  If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.

      2.  Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.

      3.  Where the court declines to exercise jurisdiction pursuant to subsection 1, the court shall notify the parent or other appropriate person and the prosecuting attorney of the appropriate jurisdiction in the other state. Upon request of the court of the other state, the court of this state shall order the petitioner to appear with the child in a custody proceeding instituted in the other state in accordance with NRS 125A.230.


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ê2001 Statutes of Nevada, 17th Special Session, Page 3 (Chapter 1, AB 1)ê

 

      4.  Where the court refused to assume jurisdiction to modify the custody decree of another state pursuant to subsection 2 or pursuant to NRS 125A.180, the court shall notify the person who has legal custody under the decree of the other state and the prosecuting attorney of the appropriate jurisdiction in the other state and may order the petitioner to return the child to the person who has legal custody. If it appears that the order will be ineffective and the legal custodian is ready to receive the child within 10 days, the court may place the child in a foster home [approved by the division of child and family services of the department of human resources] that is licensed pursuant to NRS 424.030 for that period, pending return of the child to the legal custodian. At the same time, the court shall advise the petitioner that any petition for modification of custody must be directed to the appropriate court of the other state which has continuing jurisdiction or, if that court declines jurisdiction, to a court in a state which has jurisdiction.

      5.  In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorney’s fees, incurred by other parties or their witnesses.

      Sec. 2. NRS 127.003 is hereby amended to read as follows:

      127.003  As used in this chapter, unless the context otherwise requires:

      1.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      2.  “Division” means the division of child and family services of the department of human resources.

      [2.] 3.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

      [3.] 4.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 , [(] 25 U.S.C. §§ 1901 et seq. [).]

      Sec. 3.  NRS 127.050 is hereby amended to read as follows:

      127.050  1.  The following agencies may accept relinquishments for the adoption of children from parents and guardians in this state:

      (a) [The division] An agency which provides child welfare services in its own capacity or on behalf of a child-placing agency authorized under the laws of another state to accept relinquishments and make placements; or

      (b) A child-placing agency licensed by the division.

      2.  The following agencies may consent to the adoption of children in this state:

      (a) [The division, to whom] An agency which provides child welfare services to which the child has been relinquished for adoption;

      (b) A child-placing agency licensed by the division, to whom the child has been relinquished for adoption; or

      (c) Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished or otherwise approved for adoption in that state.

      3.  If [the division] an agency which provides child welfare services accepts a relinquishment on behalf of a child-placing agency pursuant to subsection 1, the child-placing agency shall reimburse the [division] agency which provides child welfare services for any costs associated with the acceptance.

      Sec. 4.  NRS 127.053 is hereby amended to read as follows:

      127.053  No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:

      1.  Identifies the child to be adopted by name, if any, sex and date of birth.


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ê2001 Statutes of Nevada, 17th Special Session, Page 4 (Chapter 1, AB 1)ê

 

      2.  Is in writing and signed by the person consenting to the adoption as required in this chapter.

      3.  Is acknowledged by the person consenting and signing the consent to adoption in the manner and form required for conveyances of real property.

      4.  Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.

      5.  Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner [or] nor the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:

      (a) [The division;] An agency which provides child welfare services;

      (b) An agency licensed in this state to place children for adoption;

      (c) A comparable state or county agency of another state; or

      (d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.

      Sec. 5.  NRS 127.057 is hereby amended to read as follows:

      127.057  1.  Any person to whom a consent to adoption executed in this state or executed outside this state for use in this state is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy [thereof to the division,] of the consent, together with a report of the permanent address of the person in whose favor the consent was executed [.] to the agency which provides child welfare services.

      2.  Any person recommending in his professional or occupational capacity, the placement of a child for adoption in this state shall immediately notify the [division] agency which provides child welfare services of the impending adoption.

      3.  All information received by the [division] agency which provides child welfare services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.

      4.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 6. NRS 127.120 is hereby amended to read as follows:

      127.120  1.  A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the [division,] agency which provides child welfare services.

      2.  The agency which provides child welfare services shall make an investigation and report as provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the [division.] agency which provides child welfare services. A copy of the order waiving the investigation must be sent to the nearest office of the [division] agency which provides child welfare services by the petitioners within 7 days after the order is issued.

      [2.  The division,]

      3.  The agency which provides child welfare services or a licensed child-placing agency [authorized] designated to do so by the court shall:

      (a) Verify the allegations of the petition;


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      (b) Investigate the condition of the child, including, without limitation, whether the child is an Indian child; and

      (c) Make proper inquiry to determine whether the proposed adopting parents are suitable for the child.

      [3.  The division]

      4.  The agency which provides child welfare services or the designated child-placing agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings pursuant to subsection [2,] 3, which must contain, without limitation, a specific recommendation for or against approval of the petition and a statement of whether the child is known to be an Indian child, and shall furnish to the court any other information regarding the child or proposed home which the court requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit the report.

      [4.] 5.  If the court is dissatisfied with the report submitted by the [division,] agency which provides child welfare services or the designated child-placing agency, the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending.

      Sec. 7.  NRS 127.127 is hereby amended to read as follows:

      127.127  The petitioners shall file with the court, within 15 days after the petition is filed or 5 months after the child begins to live in their home, whichever is later, an affidavit executed by them and their attorney setting forth all fees, donations and expenses paid by them in furtherance of the adoption. A copy of the affidavit must be sent to the [division.] agency which provides child welfare services. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may waive the filing of the affidavit.

      Sec. 8.  NRS 127.130 is hereby amended to read as follows:

      127.130  The report of either the [division] agency which provides child welfare services or the licensed child-placing agency designated by the court must not be made a matter of public record, but must be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the [division] agency which provides child welfare services or the designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the [division] agency which provides child welfare services or the designated agency.

      Sec. 9.  NRS 127.150 is hereby amended to read as follows:

      127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the [division] agency which provides child welfare services by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired.


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ê2001 Statutes of Nevada, 17th Special Session, Page 6 (Chapter 1, AB 1)ê

 

change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners.

      2.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

      3.  After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.

      Sec. 10.  NRS 127.152 is hereby amended to read as follows:

      127.152  1.  Except as otherwise provided in subsection 3, the [division] agency which provides child welfare services or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

      (a) A copy of any medical records of the child which are in the possession of the [division] agency which provides child welfare services or licensed child-placing agency.

      (b) Any information obtained by the [division] agency which provides child welfare services or licensed child-placing agency during interviews of the natural parent regarding:

             (1) The medical and sociological history of the child and the natural parents of the child; and

             (2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies established by an agency which provides child welfare services and a child-placing agency pursuant to regulations adopted by the division for the disclosure of such information.

      (c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.

      2.  The [division] agency which provides child welfare services or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.

      3.  The report required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.

      Sec. 11.  NRS 127.157 is hereby amended to read as follows:

      127.157  1.  After an order or decree of adoption has been entered, the court shall direct the petitioner or his attorney to prepare a report of adoption on a form prescribed and furnished by the state registrar of vital statistics. The report must:

      (a) Identify the original certificate of birth of the person adopted;

      (b) Provide sufficient information to prepare a new certificate of birth for the person adopted;

      (c) Identify the order or decree of adoption; and

      (d) Be certified by the clerk of the court.

      2.  The [division] agency which provides child welfare services shall provide the petitioner or his attorney with any factual information which will assist in the preparation of the report required in subsection 1.


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ê2001 Statutes of Nevada, 17th Special Session, Page 7 (Chapter 1, AB 1)ê

 

    3.  If an order or decree of adoption is amended or annulled, the petitioner or his attorney shall prepare a report to the state registrar of vital statistics, which includes sufficient information to identify the original order or decree of adoption and the provisions of that decree which were amended or annulled.

    4.  The petitioner or his attorney shall forward all reports required by the provisions of this section to the state registrar of vital statistics not later than the 10th day of the month next following the month in which the order or decree was entered, or more frequently if requested by the state registrar, together with any related material the state registrar may require.

    Sec. 12.  NRS 127.186 is hereby amended to read as follows:

    127.186  1.  The [division,] agency which provides child welfare services or a child-placing agency licensed by the division pursuant to this chapter [,] may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the [division] agency which provides child welfare services or the licensed agency by proposed adoptive parents when, in the judgment of the [division] agency which provides child welfare services or the [licensed] child placing agency, it would be in the best interests of the child to be placed in that adoptive home.

      2.  The [division] agency which provides child welfare services or child-placing agency shall in a timely and diligent manner:

      (a) Schedule any evaluations necessary to identify any special needs the child may have.

      (b) If it determines that the child has any special needs:

             (1) Notify the proposed adoptive parents:

                   (I) That they may be eligible for a grant of financial assistance pursuant to this section; and

                   (II) The manner in which to apply for such financial assistance; and

             (2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.

    3.  The [division] agency which provides child welfare services may grant financial assistance for attorney’s fees in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the [administrator of the division] head of the agency which provides child welfare services or his designee has reviewed and approved in writing the grant of financial assistance.

    4.  The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the [division] agency which provides child welfare services and the adoptive parents. Such an agreement must not become effective before the entry of the order of adoption.

    5.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the [division.] agency which provides child welfare services. The evaluation must be presented for approval to the [administrator of the division.] head of the agency which provides child welfare services or his designee. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the [division] agency which provides child welfare services that continued assistance is denied.


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    6.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.

      7.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

      8.  A court shall waive all court costs of the proposed adoptive parents in an adoption  proceeding for a child with special needs if the [division] agency which provides child welfare services or child-placing agency consents to the adoption of such a child pursuant to this section.

      9.  The division, in consultation with each agency which provides child welfare services, shall adopt regulations regarding eligibility for and the procedures for applying for a grant of financial assistance pursuant to this section.

    Sec. 13.  NRS 127.220 is hereby amended to read as follows:

    127.220  As used in NRS 127.220 to 127.310, inclusive, unless the context otherwise requires:

      1.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      2.  “Arrange the placement of a child” means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.

    [2.] 3.  “Child-placing agency” means [the division or] a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.

    [3.] 4.  “Person” includes a hospital.

    [4.] 5.  “Recommend the placement of a child” means to suggest to a [licensed] child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.

    Sec. 14.  NRS 127.230 is hereby amended to read as follows:

    127.230  1.  The division shall:

    (a) Establish reasonable minimum standards for child-placing agencies.

      (b) [Adopt regulations] In consultation with each agency which provides child welfare services, adopt:

             (1) Regulations concerning the operation of an agency which provides child welfare services and child-placing agencies.

      [(c) Adopt regulations]

             (2) Regulations establishing the procedure to be used by an agency which provides child welfare services and a child-placing agency in placing children for adoption, which must allow the natural parent or parents and the prospective adoptive parent or parents to determine, by mutual consent, the amount of identifying information that will be communicated concerning each of them.

      [(d) Adopt any]

             (3) Any other regulations necessary to carry out its powers and duties regarding the adoption of children or the placement of children for adoption or permanent free care [.

      2.  All licensed child-placing agencies] , including, without limitation, such regulations necessary to ensure compliance with the provisions of this chapter and any regulations adopted pursuant thereto.


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    2.  Each agency which provides child welfare services and child-placing agency shall conform to the standards established and the regulations adopted pursuant to subsection 1.

    Sec. 15.  NRS 127.240 is hereby amended to read as follows:

    127.240  1.  [No] Except as otherwise provided in this section, no person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the division. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.

    2.  This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of NRS 127.280, 127.2805 and 127.2815.

    3.  This section does not prohibit [the division] an agency which provides child welfare services from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.

    4.  This section does not prohibit a person, including a person acting in his professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is paid:

    (a) For such information; or

    (b) For any other service related to the adoption that is performed after sharing information.

    Sec. 16.  NRS 127.275 is hereby amended to read as follows:

      127.275  1.  Except as otherwise provided in this section [,] :

      (a) In a county whose population is less than 100,000 the division shall, in accordance with NRS 232.464 [,] ; and

      (b) In a county whose population is 100,000 or more, the board of county commissioners of the county shall, by ordinance,

charge reasonable fees for the services [it] provided by an agency which provides child welfare services in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required by NRS 127.2805.

    2.  The fees charged for those services must vary based on criteria developed by the division [,] and board of county commissioners but must not exceed the usual and customary fees that [licensed] child-placing agencies in the area where the services are provided, or in a similar geographic area, would charge for those services. The division and board of county commissioners shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.

    3.  A fee must not be charged for services related to the adoption of a child with special needs.

    4.  [The division] An agency which provides child welfare services may waive or reduce any fee charged pursuant to this section if [it] the agency which provides child welfare services determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

    5.  Any money collected by an agency which provides child welfare services in a county whose population is less than 100,000 pursuant to this section must be accounted for in the appropriate account of the division and may be used only to pay for the costs of any adoptive or post-adoptive


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services provided by [the division.] any agency which provides child welfare services in a county whose population is less than 100,000.

      6.  Any money collected by an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to this section must be deposited in the county treasury for the credit of the agency which provides child welfare services and may be used only to pay for the costs of any adoption or post-adoptive services provided by the agency which provides child welfare services.

    Sec. 17.  NRS 127.280 is hereby amended to read as follows:

    127.280  1.  A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless:

    (a) The [division] agency which provides child welfare services or a [licensed] child-placing agency first receives written notice of the proposed placement from:

         (1) The prospective adoptive parents of the child;

         (2) The person recommending the placement; or

         (3) A natural parent;

    (b) The investigation required by the provisions of NRS 127.2805 has been completed; and

    (c) In the case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.

    2.  Upon receipt of written notice from any person other than the natural parent, the [division or licensed] agency which provides child welfare services or child-placing agency shall communicate with the natural parent to confirm his intention to place the child for adoption with the prospective adoptive parents identified in the written notice.

    Sec. 18.  NRS 127.2805 is hereby amended to read as follows:

    127.2805  1.  The [division] agency which provides child welfare services or a [licensed] child-placing agency shall, within 60 days after receipt of confirmation of the natural parents’ intent to place the child for adoption and a completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the [division] agency which provides child welfare services on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection. If a [licensed] child-placing agency undertakes the investigation, it shall provide progress reports to the [division] agency which provides child welfare services in such a format and at such times as the [division] agency which provides child welfare services requires to ensure that the investigation will be completed within the 60-day period. If, at any time, the [division] agency which provides child welfare services determines that it is unlikely that the investigation will be completed in a timely manner, the [division] agency which provides child welfare services shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.


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which provides child welfare services shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.

    2.  If the placement is to be made in a home outside of this state, the [division or licensed] agency which provides child welfare services or child-placing agency must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.

    Sec. 19.  NRS 127.281 is hereby amended to read as follows:

    127.281  1.  A prospective adoptive parent who is subject to an investigation by the [division] agency which provides child welfare services or a child-placing agency must submit as part of the investigation a complete set of his fingerprints and written permission authorizing the [division] agency which provides child welfare services or child-placing agency to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation.

    2.  The [division] agency which provides child welfare services or child-placing agency may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

    3.  When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the [division] agency which provides child welfare services or child-placing agency that submitted the fingerprints.

      4.  Any fees for fingerprinting and submission to the central repository and the Federal Bureau of Investigation must be paid by the prospective adoptive parent, except that :

      (a) In a county whose population is less than 100,000, the division may adopt regulations providing for the payment of those fees by the division [.] ; or

      (b) In a county whose population is 100,000 or more, the board of county commissioners may provide by ordinance for the payment of those fees by the agency which provides child welfare services.

    Sec. 20.  NRS 127.2815 is hereby amended to read as follows:

    127.2815  1.  Pending completion of the required investigation, the child must be:

    (a) Retained by the natural parent; or

    (b) Placed by the natural parent with the [division or licensed] agency which provides child welfare services or child-placing agency and placed by [it] the agency which provides child welfare services in a foster home licensed [by the division,] pursuant to NRS 424.030,

until a determination is made concerning the suitability of the prospective adoptive parents.

    2.  Upon completion of the investigation, the [division or licensed] agency which provides child welfare services or child-placing agency shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the decision to approve or deny the placement. If the prospective adoptive home is found:


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    (a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed, and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.

    (b) Unsuitable or detrimental to the interest of the child, the [division or licensed] agency which provides child welfare services or child-placing agency shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the [division] agency which provides child welfare services or a [licensed] child-placing agency for adoption.

    Sec. 21.  NRS 127.2817 is hereby amended to read as follows:

    127.2817  1.  The division , in consultation with each agency which provides child welfare services, shall adopt regulations setting forth the criteria to be used by [the division] an agency which provides child welfare services or a [licensed] child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.

    2.  Upon the completion of an investigation conducted by [the division] an agency which provides child welfare services or a [licensed] child-placing agency pursuant to NRS 127.120 or 127.2805, the [division] agency which provides child welfare services or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the [division] agency which provides child welfare services or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the [division] agency which provides child welfare service or child-placing agency before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

    Sec. 22.  NRS 127.282 is hereby amended to read as follows:

    127.282  1.  Whenever the [division] agency which provides child welfare services believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:

    (a) The [division] agency which provides child welfare services may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and

    (b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:

         (1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the [division’s petition,] petition by the agency which provides child welfare services and proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815; or


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provides child welfare services and proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815; or

         (2) Proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.

    2.  Whenever the [division] agency which provides child welfare services believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and the required written notice has not been given, if the [division] agency which provides child welfare services does not proceed pursuant to subsection 1, it shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued [by the division] pursuant to NRS 424.030 if the home meets established standards. If, in the opinion of the [division,] agency which provides child welfare services, the placement is detrimental to the interest of the child, the [division] agency which provides child welfare services shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815.

    Sec. 23.  NRS 127.283 is hereby amended to read as follows:

    127.283  1.  [The division] An agency which provides child welfare services or any child-placing agency [licensed pursuant to this chapter] may publish in any newspaper published in this state or broadcast by television a photograph of and relevant personal information concerning any child who is difficult to place for adoption.

    2.  A child-placing agency shall not publish or broadcast:

    (a) Any personal information which reveals the identity of the child or his parents; or

    (b) A photograph or personal information for a child without the prior approval of the agency having actual custody of the child.

    Sec. 24.  NRS 127.285 is hereby amended to read as follows:

    127.285  1.  Any attorney licensed to practice in this state or in any other state:

    (a) May not receive compensation for:

         (1) Taking part in finding children for adoption; or

         (2) Finding parents to adopt children.

    (b) May receive a reasonable compensation for legal services provided in relation to adoption proceedings.

    2.  [The division] An agency which provides child welfare services shall report any violation of subsection 1 to the State Bar of Nevada if the alleged violator is licensed to practice in this state, or to the bar association of the state in which the alleged violator is licensed to practice.

    3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

    Sec. 25.  NRS 127.310 is hereby amended to read as follows:

    127.310  1.  Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than [the division] an agency which provides child welfare services who, without holding a valid unrevoked license to place children for adoption issued by the division:


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    (a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

    (b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,

is guilty of a misdemeanor.

    2.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.

    3.  A periodical, newspaper, radio station or other public medium is not subject to any criminal penalty or civil liability for publishing or broadcasting an advertisement that violates the provisions of this section.

    Sec. 26.  Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

    Sec. 27.  NRS 128.010 is hereby amended to read as follows:

    128.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, and section 26 of this act, have the meanings ascribed to them in those sections.

    Sec. 28.  NRS 128.013 is hereby amended to read as follows:

    128.013  1.  “Injury” to a child’s health or welfare occurs when the parent, guardian or custodian:

    (a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;

    (b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;

    (c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or

    (d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of:

         (1) [The division of child and family services of the department of human resources;

         (2) A county agency authorized by the juvenile court or family court to receive and investigate reports of abuse or neglect of a child pursuant to NRS 432B.300; or

             (3)] An agency which provides child welfare services; or

             (2) The juvenile or family court itself.

    2.  A child’s health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.

    Sec. 29.  NRS 128.040 is hereby amended to read as follows:

    128.040  The [administrator of the division of child and family services of the department of human resources, or his agent,] agency which provides child welfare services, the probation officer, or any other person, including the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter.


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the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.

    Sec. 30.  NRS 6.155 is hereby amended to read as follows:

    6.155  1.  Each board of county commissioners may establish and maintain a program whereby a person may forfeit any money that he is entitled to receive pursuant to NRS 6.150 for his services and expenses and have that money donated to an agency which provides [protective] child welfare services and that is located in the county in which the person is serving as a juror. Any money donated through a program established pursuant to this section must be used only for a program or activity which is designed to prevent the abuse or neglect of a child or to benefit an abused or neglected child.

    2.  As used in this section:

    (a) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

    (b) “Agency which provides [protective] child welfare services” has the meaning ascribed to it in NRS 432B.030.

    Sec. 31.  NRS 62.880 is hereby amended to read as follows:

    62.880  1.  In carrying out the objects and purposes of this chapter, the juvenile court may use the services and facilities of the [division of child and family services of the department of human resources provided by such division pursuant to the provisions of chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

      2.  The division of child and family] agency which provides child welfare services.

      2.  The agency which provides child welfare services shall determine the plans, placements and services to be provided any child pursuant to this chapter, chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

      3.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

    Sec. 32.  NRS 159.044 is hereby amended to read as follows:

    159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.

    2.  The petition must state:

    (a) The name and address of the petitioner.

    (b) The name, age and address of the proposed ward. If he is a minor, the petition must state the date on which he will attain the age of majority and whether he will need guardianship after attaining the age of majority.

    (c) Whether the proposed ward is a resident or nonresident of this state.

    (d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.

    (e) The name and address of the proposed guardian.

    (f) That the proposed guardian has never been convicted of a felony.

    (g) A summary of the reasons why a guardian is needed.

    (h) Whether the appointment of a general or a special guardian is sought.

    (i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.


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money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

    (j) The name and address of any person or institution having the care, custody or control of the proposed ward.

    (k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.

    (l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

    (m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides [protective] child welfare services. As used in this paragraph, “agency which provides [protective] child welfare services” has the meaning ascribed to it in NRS 432B.030.

    Sec. 33.  NRS 179A.100 is hereby amended to read as follows:

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

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

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

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

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

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

    (c) Reported to the central repository.

    3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

    (a) Reflect convictions only; or

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

    4.  The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

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

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

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

    (c) The state gaming control board.

    (d) The state board of nursing.


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    (e) The private investigator’s licensing board to investigate an applicant for a license.

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

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

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

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

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

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

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

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

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

    (o) [The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.] An agency which provides child welfare services, as defined in NRS 432B.030.

    (p) The welfare division of the department of human resources or its designated representative.

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

    (r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

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

    Sec. 34.  NRS 200.359 is hereby amended to read as follows:

    200.359  1.  A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:


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    (a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or

    (b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    2.  A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.

    3.  If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.

    4.  Before an arrest warrant may be issued for a violation of this section, the court must find that:

    (a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and

    (b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.

    5.  Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.

    6.  The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:

    (a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or

    (b) The interests of justice require that the defendant be punished as for a misdemeanor.

    7.  A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.

    8.  This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides [protective] child welfare services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:

    (a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.


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    (b) “Agency which provides [protective] child welfare services” has the meaning ascribed to it in NRS 432B.030.

    Sec. 35.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 39, inclusive, of this act.

    Sec. 36. As used in sections 36 to 39, inclusive, of this act, “committee” means the legislative committee on children, youth and families.

      Sec. 37.  1.  There is hereby established a legislative committee on children, youth and families consisting of:

      (a) Five members appointed by the majority leader of the senate, at least two of whom were members of the committee on finance during the immediately preceding legislative session; and

      (b) Five members appointed by the speaker of the assembly, at least two of whom were members of the committee on ways and means during the immediately preceding legislative session.

      2.  The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.

      3.  Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.

      4.  Vacancies on the committee must be filled in the same manner as the original appointments.

      Sec. 38.  1.  The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee.

      2.  The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary.

      3.  The committee shall prescribe regulations for its own management and government.

      4.  Except as otherwise provided in subsection 5, six voting members of the committee constitute a quorum.

      5.  Any recommended legislation proposed by the committee must be approved by a majority of the members of the senate and by a majority of the members of the assembly appointed to the committee.

      6.  Except during a regular or special session of the legislature, the members of the committee are 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, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses paid pursuant to this subsection and the expenses of the committee must be paid from the legislative fund.

      Sec. 39.  The committee shall:

      1.  Study and comment upon issues related to the provision of child welfare services within this state, including, without limitation:


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      (a) Programs for the provision of child welfare services;

      (b) Licensing and reimbursement of providers of foster care;

      (c) Mental health services; and

      (d) Compliance with federal requirements.

      2.  Receive progress reports and testimony from the division of child and family services of the department of human resources on the activities of each mental health consortium established pursuant to section 121 of this act.

      3.  Conduct investigations and hold hearings in connection with its powers pursuant to this section.

      4.  Request that the legislative counsel bureau assist in the study of issues related to the provision of child welfare services within this state.

      5.  Make recommendations to the legislature concerning the manner in which the provision of child welfare services within this state may be improved.

    Sec. 40.  NRS 232.400 is hereby amended to read as follows:

    232.400  1.  The purposes of the division [of child and family services in the department] are to:

    (a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.

    (b) Aid in the preservation, rehabilitation and reunification of families.

    (c) Ensure that children are placed in the least restrictive environment available which is appropriate to their needs.

    (d) [Provide] Coordinate and provide services for youth who are in need of residential care or in need of treatment or both.

    2.  In accomplishing its purposes, the division shall:

    (a) Establish and [operate a central, comprehensive state] coordinate a system for:

         (1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;

         (2) The referral of children and families to appropriate services; and

         (3) The management and monitoring of cases in which children and families are referred to multiple services.

    (b) [Provide] Plan and coordinate the provision of services for the support of families to:

         (1) Maintain the integrity of families;

         (2) Ensure that children are not unnecessarily removed from their homes; and

         (3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.

    (c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.

    (d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.

    3.  The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.


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    4.  The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or have otherwise come into contact with law enforcement agencies. The administrator of the division shall observe and evaluate the success of those programs.

    Sec. 41.  NRS 392.126 is hereby amended to read as follows:

    392.126  1.  There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:

    (a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

    (b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

    (c) One representative of the district attorney for the county, appointed by the district attorney;

    (d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;

    (e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;

    (f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;

    (g) One deputy sheriff in the county, appointed by the sheriff of the county; and

    (h) One representative of the [local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.] agency which provides child welfare services, as defined in NRS 432B.030.

    2.  The members of each such board shall elect a chairman from among their membership.

    3.  Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.

    4.  Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.

    Sec. 42.  NRS 392.165 is hereby amended to read as follows:

    392.165  1.  The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.


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the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

    2.  Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.

    3.  A child who is in the custody of the [division of child and family services of the department of human resources] agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

    4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

    Sec. 43.  NRS 392.210 is hereby amended to read as follows:

    392.210  1.  Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the child’s truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

    2.  A person who is licensed [by the division of child and family services of the department of human resources] pursuant to NRS 424.030 to conduct a family foster home or group foster home is liable pursuant to subsection 1 for a child in his foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.

    Sec. 44. NRS 394.145 is hereby amended to read as follows:

    394.145  1.  A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

    2.  Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.

    3.  A child who is in the custody of the [division of child and family services of the department of human resources] agency which provides child welfare services, as defined in NRS 432B.030, may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.


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    4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

    5.  Any parent, guardian or other person who, with intent to deceive under this section:

    (a) Presents a false birth certificate or record of attendance at school; or

    (b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,

of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.

    Sec. 45.  Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Licensing authority” means:

      1.  In a county whose population is 100,000 or more, the agency which provides child welfare services, as defined in NRS 432B.030; and

      2.  In a county whose population is less than 100,000, the division.

    Sec. 46. NRS 424.010 is hereby amended to read as follows:

    424.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.017, inclusive, and section 45 of this act have the meanings ascribed to them in those sections.

    Sec. 47.  NRS 424.013 is hereby amended to read as follows:

    424.013  “Family foster home” means a family home in which one to six children under [16] 18 years of age not related [by blood, adoption or marriage] within the first degree of consanguinity or affinity to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of permanent free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.

    Sec. 48.  NRS 424.015 is hereby amended to read as follows:

    424.015  “Group foster home” means a natural person, partnership, firm, corporation or association who provides full-time care for 7 to 15 children who are:

    1.  Under [16] 18 years of age;

    2.  Not related [by blood, adoption or marriage] within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and

    3.  Received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.

    Sec. 49.  NRS 424.017 is hereby amended to read as follows:

    424.017  “Provider of family foster care” means a person who is licensed [by the division] to conduct a family foster home pursuant to NRS 424.030.

    Sec. 50.  NRS 424.020 is hereby amended to read as follows:

      424.020  1.  The division, in consultation with each licensing authority in a county whose population is 100,000 or more, shall adopt regulations to:

      (a) Establish procedures and requirements for the licensure of family foster homes and group foster homes; and


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      (b) Monitor such licensure.

      2.  The division, in cooperation with the state board of health and the state fire marshal, shall:

    (a) Establish reasonable minimum standards for family foster homes and group foster homes.

    (b) Prescribe rules for the regulation of family foster homes and group foster homes.

      [2.  All licensed]

      3.  All family foster homes and group foster homes licensed pursuant to this chapter must conform to the standards established and the rules prescribed in subsection [1.] 2.

    Sec. 51.  NRS 424.030 is hereby amended to read as follows:

    424.030  1.  No person may conduct a family foster home or a group foster home without receiving a license to do so from the [division.

      2.  Except as otherwise provided in subsection 4, no] licensing authority.

      2.  No license may be issued to a family foster home or a group foster home until a fair and impartial investigation of the home and its standards of care has been made by the [division or a child-placing agency licensed by the division.] licensing authority or its designee.

    3.  Any family foster home or group foster home that conforms to the established standards of care and prescribed rules must receive a regular license from the [division,] licensing authority, which must be in force for 1 year after the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.

    4.  [When, because of an emergency situation, a child must be placed before completion of the licensing investigation, a family foster home or group foster home may be issued a provisional license for a period not to exceed 3 months, renewable for one additional period not to exceed 3 months. A provisional license may be issued to a foster home only after determination that the health and safety of the child or children placed therein will not be jeopardized. If at any time during the period a provisional license is in effect, it is determined that the foster home does not meet minimum licensing standards, the provisional license must be revoked and any child or children placed in the foster home must be promptly removed by the placing agency. If, on or before the expiration date of the provisional license, it has been determined that the foster home meets minimum licensing standards, a regular license must be issued pursuant to the provisions of subsection 3, to be in force for 1 year after the date of issuance.

    5.  When] If a family foster home or group foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, the family foster home or group foster home may be issued a special license, which must be in force for 1 year after the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.

    [6.] 5.  The license must show:

    (a) The name of the persons licensed to conduct the family foster home or group foster home.

    (b) The exact location of the family foster home or group foster home.

    (c) The number of children that may be received and cared for at one time.


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    (d) If the license is a special license issued pursuant to subsection [5,] 4, the name of the child or children for whom the family foster home or group foster home is licensed to provide care.

      [7.] 6.  No family foster home or group foster home may receive for care more children than are specified in the license.

      7.  In consultation with each licensing authority in a county whose population is 100,000 or more, the division may adopt regulations regarding the issuance of provisional and special licenses.

    Sec. 52.  NRS 424.031 is hereby amended to read as follows:

    424.031  1.  The [division] licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, and resident of a foster home who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.

    2.  The [division] licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

    Sec. 53.  NRS 424.033 is hereby amended to read as follows:

    424.033  1.  Each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, or resident of a foster home who is 18 years of age or older [shall] must submit to the [division] licensing authority or its approved designee a complete set of his fingerprints and written permission authorizing the [division] licensing authority or its approved designee 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 to enable the [division] licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031.

    2.  The [division] licensing authority or its approved designee may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

    3.  When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the [division.] licensing authority or its approved designee.

    Sec. 54.  NRS 424.036 is hereby amended to read as follows:

    424.036  Before issuing a license to conduct a family foster home pursuant to NRS 424.030, the [division] licensing authority shall discuss with the applicant and, to the extent possible, ensure that the applicant understands:

    1.  The role of a provider of family foster care, the [division] licensing authority and the members of the immediate family of a child placed in a family foster home; and

    2.  The personal skills which are required of a provider of family foster care and the other residents of a family foster home to provide effective foster care.

    Sec. 55.  NRS 424.037 is hereby amended to read as follows:

    424.037  1.  Before placing a child with a provider of family foster care, the [division] licensing authority shall inform the provider of the plans, if any, which the [division] licensing authority has developed relating to the provision of care required for that child.


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provision of care required for that child. If the plan for the child changes, the [division] licensing authority shall inform the provider of family foster care of the changes and the reasons for those changes.

    2.  The [division] licensing authority shall consult with a provider of family foster care concerning the care to be provided to a child placed with the provider, including appropriate disciplinary actions that may be taken.

    3.  If issues concerning the health, safety or care of a child occur during the placement of the child with a provider of family foster care, the [division] licensing authority shall:

    (a) Consider the daily routine of the provider when determining how to respond to those issues; and

    (b) To the extent possible, respond to those issues in a manner which is the least disruptive to that daily routine, unless that response would not be in the best interest of the child.

    Sec. 56.  NRS 424.038 is hereby amended to read as follows:

    424.038  1.  Before placing, and during the placement of, a child in a family foster home, the [division] licensing authority shall provide to the provider of family foster care such information relating to the child as is necessary to ensure the health and safety of the child and the other residents of the family foster home. This information must include the medical history and previous behavior of the child to the extent that such information is available.

    2.  The provider of family foster care may at any time before, during or after the placement of the child in his family foster home, request information about the child from the [division.] licensing authority. After the child has left the care of the provider, the [division] licensing authority shall provide the information requested by the provider, unless the information is otherwise declared to be confidential by law or the [division] licensing authority determines that providing the information is not in the best interests of the child.

    3.  The provider of family foster care shall maintain the confidentiality of information obtained pursuant to this section under the terms and conditions otherwise required by law.

    Sec. 57.  NRS 424.040 is hereby amended to read as follows:

    424.040  [The division, or its authorized agent,] A licensing authority or its designee shall visit every licensed family foster home and group foster home as often as necessary to ensure that proper care is given to the children.

    Sec. 58.  NRS 424.047 is hereby amended to read as follows:

    424.047  1.  [The division] A licensing authority shall, upon request, provide to a provider of family foster care access to all information, except references, in the records maintained by the [division] licensing authority concerning that provider.

    2.  After reasonable notice and by appointment, a provider of family foster care may inspect the information kept in those records.

    Sec. 59.  NRS 424.050 is hereby amended to read as follows:

    424.050  Whenever [the division] a licensing authority is advised or has reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by this chapter, the [division] licensing authority shall have an investigation made. If the person is conducting a foster home, the [division] licensing authority shall either issue a license or take action to prevent continued operation of the foster home.


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    Sec. 60.  NRS 424.060 is hereby amended to read as follows:

    424.060  If the [division] licensing authority at any time finds that a child in a foster home is subject to undesirable influences or lacks proper or wise care and management, the [division] licensing authority shall notify any agency or institution that has placed the child in the home to remove the child from the home. If the child is in a foster home where he has been placed by his parents, relatives or other persons independently of any agency, the [division] licensing authority shall take necessary action to remove the child and arrange for his care.

    Sec. 61. NRS 424.070 is hereby amended to read as follows:

    424.070  No person other than the parents or guardian of a child and no agency or institution in this state or from outside this state may place any child in the control or care of any person without sending notice of the pending placement and receiving approval of the placement from the division [.] or its designee. No such person, parent, guardian, agency or institution may place a child for adoption except as otherwise provided in chapter 127 of NRS.

    Sec. 62. NRS 424.075 is hereby amended to read as follows:

    424.075  1.  A provider of family foster care may:

    (a) Refuse to accept the placement of a child in his family foster home; or

    (b) Request that a child placed in his family foster home be removed,

unless the provider has a written agreement with the [division] licensing authority to the contrary.

    2.  If a provider of family foster care refuses to accept the placement of a child in, or requests the removal of a child from, his family foster home, the [division] licensing authority may not, based solely on that refusal or request:

    (a) Revoke the license of the provider to conduct a family foster home;

    (b) Remove any other child placed in the family foster home;

    (c) Refuse to consider future placements of children in the family foster home; or

    (d) Refuse or deny any other rights of the provider as may be provided by the provisions of this chapter and any regulations adopted pursuant thereto.

    Sec. 63.  NRS 424.077 is hereby amended to read as follows:

    424.077  1.  The division shall [establish, by regulation,] , in consultation with each licensing authority in a county whose population is 100,000 or more, adopt regulations for the establishment of a program pursuant to which a provider of family foster care may receive respite from the stresses and responsibilities that result from the daily care of children placed in his family foster home.

    2.  The [division shall provide] licensing authority shall establish and operate a program that complies with the regulations adopted pursuant to subsection 1 to provide respite, training and support to a provider of family foster care in order to develop and enhance the skills of the provider to provide foster care.

    Sec. 64.  NRS 424.079 is hereby amended to read as follows:

    424.079  Upon the request of a provider of family foster care, the [division] licensing authority shall allow the provider to visit a child after the child leaves the care of the provider if:

    1.  The child agrees to the visitation; and


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    2.  The [division] licensing authority determines that the visitation is in the best interest of the child.

    Sec. 65.  NRS 424.085 is hereby amended to read as follows:

    424.085  1.  Except as otherwise provided by specific statute, a person who is licensed by the [division] licensing authority pursuant to NRS 424.030 to conduct a family foster home or group foster home is not liable for any act of a child in his foster care unless the person licensed by the [division] licensing authority took an affirmative action that contributed to the act of the child.

    2.  The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.

    Sec. 66. NRS 424.090 is hereby amended to read as follows:

    424.090  The provisions of this chapter do not apply to homes in which:

    1.  Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.

    2.  Care is provided by the legal guardian.

    3.  Care is provided for an exchange student.

    4.  Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.

    5.  Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in [NRS 127.2815.] regulations adopted by the division.

      6.  Except as otherwise provided in regulations adopted by the division, care is voluntarily provided to a minor child who is:

      (a) Related to the caretaker by blood, adoption or marriage; and

      (b) Not in the custody of an agency which provides child welfare services.

    Sec. 67.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The head of the agency which provides child welfare services in a county whose population is 100,000 or more shall furnish to the county comptroller and the administrator of the division a full, true and correct list of claimants in the county who are entitled to payment for the care and services provided for in NRS 432.010 to 432.085, inclusive, and of the amount to be paid to each of them, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to revision by the head of the agency which provides child welfare services to make it conform to such changes as may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.

      2.  The total amount of federal and state money to which each claimant is entitled pursuant to the provisions of NRS 432.010 to 432.085, inclusive, must be paid in the manner provided in NRS 244.210.

    Sec. 68.  NRS 432.010 is hereby amended to read as follows:

    432.010  As used in this chapter, except as otherwise defined by specific statute or unless the context otherwise requires:

    1.  “Administrator” means the administrator of the division.

      2.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      3.  “Child” means a person less than 18 years of age, or if in school, until graduation from high school.


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    [3.] 4.  “Division” means the division of child and family services of the department of human resources.

    [4.] 5.  “Maintenance” means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or monetary payments therefor.

    [5.] 6.  “Special services” means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.

    Sec. 69.  NRS 432.020 is hereby amended to read as follows:

    432.020  [The division] An agency which provides child welfare services shall:

    1.  Provide, to the extent that support is not otherwise required by court order or pursuant to specific statute, maintenance and special services to:

    (a) Unmarried mothers and children awaiting adoptive placement.

    (b) Children who are placed in the custody of the [division,] agency which provides child welfare services, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions. Except as otherwise provided by specific statute, if any child is to be placed in the custody of the [division,] agency which provides child welfare services, pursuant to any order of a court or request made by a person or agency other than the [division,] agency which provides child welfare services, this order or request may be issued or made only after an opportunity for a hearing has been given to the [division] agency which provides child welfare services after 3 days’ notice, or upon request of the [division.] agency which provides child welfare services.

    2.  Except as otherwise provided by court order or specific statute, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days after the placement of the child in the custody of the [division,] agency which provides child welfare services, with notification to but without formal application to a court, but the [division] agency which provides child welfare services retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child.

    [3.  Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the legislature.]

    Sec. 70.  NRS 432.027 is hereby amended to read as follows:

    432.027  As soon as practicable after [the division] an agency which provides child welfare services receives an application by a person to receive the placement of a child, the [division] agency which provides child welfare services shall notify the person in writing as to whether the person will be considered for approval as an adoptive parent or as a provider of foster care.

    Sec. 71.  NRS 432.030 is hereby amended to read as follows:

    432.030  No employee of [the division] an agency which provides child welfare services may provide maintenance and special services for any child except as otherwise provided by specific statute or:

    1.  Upon the request of a child whom the [division] agency which provides child welfare services determines to be emancipated;

    2.  Pursuant to court order or request; or

    3.  Upon referral of appropriate law enforcement officials for emergency care.


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    Sec. 72.  NRS 432.0305 is hereby amended to read as follows:

    432.0305  The department of human resources, through the division, shall:

    1.  Observe and study the changing nature and extent of the need for child welfare services and develop through tests and demonstrations effective ways of meeting those needs.

    2.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including the adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of programs for child welfare, and in increasing the efficiency of those programs by prompt and judicious use of new federal grants which will assist the division in carrying out the provisions of NRS 432.010 to 432.085, inclusive. The department shall consider any request for a change in the state plan submitted by an agency which provides child welfare services.

      3.  Enter into reciprocal agreements with other states relative to services for child welfare and institutional care, when deemed necessary or convenient by the administrator of the division.

      4.  Enter into agreements with an agency which provides child welfare services in a county whose population is 100,000 or more when deemed necessary or convenient by the administrator of the division.

      5.  Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the legislature.

    Sec. 73.  NRS 432.031 is hereby amended to read as follows:

    432.031  1.  The department of human resources, through the division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any services and activities for child welfare.

    2.  If the Congress of the United States passes any law increasing the participation of the Federal Government in a Nevada program for child welfare, either as relates to eligibility for assistance or otherwise, the director of the department of human resources is authorized to accept, with the approval of the governor, the increased benefits of that legislation. The division may adopt such standards as are required by the Congress of the United States as a condition to the acceptance of those benefits.

    3.  An agency which provides child welfare services in a county whose population is 100,000 or more shall enter into such agreements with the division as are necessary to maximize the amount of money that this state may obtain from the Federal Government for the provision of child welfare services throughout this state.

    Sec. 74.  NRS 432.032 is hereby amended to read as follows:

    432.032  The division , in consultation with each agency which provides child welfare services, shall adopt regulations for the administration of NRS 432.010 to 432.085, inclusive, which are binding upon all recipients and local units.

    Sec. 75.  NRS 432.033 is hereby amended to read as follows:

    432.033  To secure accuracy, uniformity and completeness in statistics and information, the division , in consultation with each agency which provides child welfare services, may prescribe forms of reports and records to be kept by an agency which provides child welfare services and all persons subject to [its] supervision by the division or investigation pursuant to NRS 432.010 to 432.085, inclusive.


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persons subject to [its] supervision by the division or investigation pursuant to NRS 432.010 to 432.085, inclusive.

    Sec. 76.  NRS 432.035 is hereby amended to read as follows:

    432.035  1.  To safeguard and restrict the use or disclosure of any information concerning applicants for and recipients of services for child welfare to purposes directly connected to the administration of NRS 432.010 to 432.085, inclusive, by the division, pursuant to the applicable provisions of the Social Security Act, the division shall , in consultation with each agency which provides child welfare services, establish and enforce reasonable regulations governing the custody, use and preservation of the records, files and communications filed with the division [.] and any agency which provides child welfare services.

    2.  Whenever, pursuant to the provisions of law or regulations of the division, names and addresses of, or information concerning, applicants for and recipients of services for child welfare are furnished to or held by an agency which provides child welfare services or any other agency or department of government, that agency or department shall comply with the regulations of the division prohibiting the publication of information and its use for purposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, by the division.

    3.  Except for purposes directly connected with the administration of NRS 432.010 to 432.085, inclusive, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of services under the provisions of NRS 432.010 to 432.085, inclusive.

    Sec. 77.  NRS 432.037 is hereby amended to read as follows:

    432.037  1.  The trust fund for child welfare is hereby created. All benefits for survivors or other awards payable to children receiving child welfare services pursuant to NRS 432.010 to 432.085, inclusive, in a county whose population is less than 100,000 must be deposited in the state treasury for credit to the fund.

    2.  The division shall:

    (a) Keep a separate account for each child who receives money.

    (b) Deduct from the account any services to the child provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.

    (c) Remit any surplus balance to the parent or legal guardian of the child, or to the child if he is emancipated or has reached the age of 18 years, when the division is no longer legally responsible for him.

    3.  The division shall pay interest to each child’s separate account maintained in the trust fund for child welfare at the end of each interest period. Interest must be paid at a rate equal to the average of the interest rates quoted by at least three banking institutions for interest-bearing savings accounts of $3,000 or less on the first day of each interest period. Interest must be paid on the child’s account commencing with the first interest period that the division is legally responsible for the child. Interest must not be paid for the interest period during which the child ceases to be the legal responsibility of the division.

    4.  All benefits for survivors or other awards payable to children receiving child welfare services in a county whose population is 100,000 or more pursuant to NRS 432.010 to 432.085, inclusive, must be deposited in the trust fund for child welfare established in the county treasury. A disbursement from the benefits for survivors or other awards of a child which is deposited in the fund may be made to the agency which provides child welfare services for any child welfare services provided to the child with public money.


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disbursement from the benefits for survivors or other awards of a child which is deposited in the fund may be made to the agency which provides child welfare services for any child welfare services provided to the child with public money.

      5.  As used in this section, “interest period” means that period not less frequent than quarterly, as determined by the state treasurer, for which interest must be paid.

    Sec. 78.  NRS 432.038 is hereby amended to read as follows:

      432.038  1.  Subject to the approval and regulations of the state board of examiners, the division may maintain an account in a bank or credit union for the purchase of birth certificates, death certificates and other records of vital statistics necessary to perform eligibility and other case-work functions of the division in a county whose population is less than 100,000 pursuant to NRS 432.010 to 432.085, inclusive.

      2.  Subject to the approval of the board of county commissioners of the county, an agency that provides child welfare services in a county whose population is 100,000 or more may maintain an account in a bank or credit union for the purchase of birth certificates, death certificates and other records of vital statistics necessary to perform eligibility and other case-work functions of the agency pursuant to NRS 432.010 to 432.085, inclusive.

    Sec. 79.  NRS 432.039 is hereby amended to read as follows:

    432.039  1.  When in the judgment of the court it is in the best interests of a child in the lawful custody of [the division, the division] an agency which provides child welfare services, such an agency may petition for appointment as guardian of the person and estate of the child in the manner provided by chapter 159 of NRS.

    2.  The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the [division] agency which provides child welfare services for appointment as guardian pursuant to this section and the district court shall waive the furnishing of a bond by the [division] agency which provides child welfare services if it is appointed guardian.

    3.  Except as otherwise provided in this section, the [division] agency which provides child welfare services shall comply with all applicable provisions of chapter 159 of NRS.

    Sec. 80.  NRS 432.070 is hereby amended to read as follows:

    432.070  1.  The administrator shall furnish to the state controller a full, true and correct list of claimants in each county whose population is less than 100,000 who are entitled to payment for the care and services provided for in NRS 432.010 to 432.085, inclusive, and of the amount to be paid to each of them from the state child welfare services account, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled [under] pursuant to NRS 432.010 to 432.085, inclusive. The list is subject to revision by the administrator to make it conform to such changes as may be made pursuant to the terms of NRS 432.010 to 432.085, inclusive.

    2.  Upon receiving the certified list the state controller shall promptly draw his warrant upon the state child welfare services account payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant must be for the total amount of federal and state money to which each claimant is entitled [under] pursuant to the provisions of NRS 432.010 to 432.085, inclusive.


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state money to which each claimant is entitled [under] pursuant to the provisions of NRS 432.010 to 432.085, inclusive.

    3.  Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the division. Immediately thereafter the division shall mail them to the individual recipients. The facilities of the central mailing room must be used.

    Sec. 81.  NRS 432.085 is hereby amended to read as follows:

    432.085  1.  The parents of a child placed in the custody of [the division] an agency which provides child welfare services pursuant to the provisions of NRS 62.880 or 432.010 to 432.085, inclusive, or chapter 432B of NRS are liable to the [division] agency which provides child welfare services for the cost of maintenance and special services provided to the child.

    2.  The division shall [, in accordance with NRS 232.464,] establish by regulation reasonable schedules for the repayment of money owed by parents pursuant to subsection 1.

    3.  [The division] An agency which provides child welfare services may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.

    4.  If a parent refuses to pay [the division] an agency which provides child welfare services for money owed under this section, the [division] agency which provides child welfare services may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.

      5.  All money collected pursuant to this section must be deposited :

      (a) In a county whose population is less than 100,000, with the state treasurer for credit to the state child welfare services account.

      (b) In a county whose population is 100,000 or more, with the county treasurer for credit to a fund or account established by the board of county commissioners.

    Sec. 82.  NRS 432.095 is hereby amended to read as follows:

    432.095  1.  There is hereby created the placement prevention revolving account in the amount of $25,000 to be used for the payment of claims in a county whose population is less than 100,000 of recipients of goods or services from the division and vendors providing goods or services to those recipients pursuant to procedures established by the division.

    2.  Upon written request from the administrator, the state controller shall draw his warrant from money already authorized for the use of the division in the sum of $25,000. When the warrant is paid, the administrator shall deposit the money in a financial institution qualified to receive deposits of public money. All money deposited in the placement prevention revolving account pursuant to this section must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

    3.  After an expenditure of money from the placement prevention revolving account, the administrator shall present a claim to the state board of examiners to maintain a balance of $25,000. If the claim is approved by the state board of examiners, the state controller shall draw his warrant from money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.


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money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.

    4.  Money in the placement prevention revolving account created pursuant to subsection 1 does not revert to the state general fund at the end of the fiscal year, and the balance in the account must be carried forward.

      5.  Purchases made by the division pursuant to this section are exempt from the State Purchasing Act.

      6.  The board of county commissioners of a county whose population is 100,000 or more may establish a fund or account to be used for the payment of claims of recipients of goods or services from the agency which provides child welfare services and vendors providing goods or services to those recipients pursuant to procedures established by the agency which provides child welfare services.

    Sec. 83.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Child welfare services” includes, without limitation:

      1.  Protective services, including, without limitation, investigations of abuse or neglect and assessments;

      2.  Foster care services, including, without limitation, maintenance and special services, as defined in NRS 432.010; and

      3.  Services related to adoption.

    Sec. 84.  NRS 432B.030 is hereby amended to read as follows:

    432B.030  “Agency which provides [protective] child welfare services” means:

    1.  [The] In a county whose population is less than 100,000, the local office of the division of child and family services; or

    2.  [An] In a county whose population is 100,000 or more, the agency of [a county authorized by the court to receive and investigate reports of abuse or neglect,] the county,

which provides or arranges for necessary child welfare services.

    Sec. 85.  NRS 432B.130 is hereby amended to read as follows:

    432B.130  A person is responsible for a child’s welfare under the provisions of this chapter if he is the child’s parent, guardian , [or foster parent,] a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer for or employed in a public or private home, institution or facility where the child actually resides or is receiving child care outside of his home for a portion of the day.

    Sec. 86. NRS 432B.160 is hereby amended to read as follows:

    432B.160  1.  Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:

    (a) Makes a report pursuant to NRS 432B.220;

    (b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

    (c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;

    (d) Causes a medical test to be performed pursuant to NRS 432B.270;

    (e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency [that provides protective] which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child or the prosecuting attorney’s office;


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    (f) Holds a child pursuant to NRS 432B.400, takes possession of a child pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of the Nevada Legislature or places a child in protective custody pursuant to any provision of this chapter;

      (g) Performs any act pursuant to subsection 2 of section 1 of [this act;] Senate Bill No. 191 of the 71st session of the Nevada Legislature;

    (h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

      (i) Participates in a judicial proceeding resulting from a referral or recommendation.

      2.  The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of section 1 of [this act.] Senate Bill No. 191 of the 71st session of the Nevada Legislature.

    3.  In any proceeding to impose liability against a person for:

    (a) Making a report pursuant to NRS 432B.220; or

    (b) Performing any act set forth in paragraphs (b) to (i), inclusive of subsection 1,

there is a presumption that the person acted in good faith.

    Sec. 87.  NRS 432B.170 is hereby amended to read as follows:

    432B.170  Nothing in the provisions of NRS 432.100 to 432.130, inclusive, or this chapter prohibits an agency which provides [protective] child welfare services from sharing information with other state or local agencies if:

    1.  The purpose for sharing the information is for the development of a plan for the care, treatment or supervision of a child who has been abused or neglected or of a person responsible for the child’s welfare;

    2.  The other agency has standards for confidentiality equivalent to those of the agency which provides [protective] child welfare services; and

    3.  Proper safeguards are taken to ensure the confidentiality of the information.

    Sec. 88.  NRS 432B.180 is hereby amended to read as follows:

    432B.180  The division of child and family services shall:

    1.  Administer any money granted to the state by the Federal Government . [under 42 U.S.C. § 5103;

      2.  Plan and coordinate all protective]

      2.  Plan, coordinate and monitor the delivery of child welfare services provided throughout the state . [;]

    3.  Provide [directly or arrange for other persons or governmental organizations to provide protective services;] child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.

    4.  Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction , an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children [;] and for permanent placement of children.

    5.  Involve communities in the improvement of [protective service;] child welfare services.


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    6.  Evaluate all [protective] child welfare services provided throughout the state and withhold money from [or revoke the license of] any agency providing [protective] child welfare services which is not complying with the regulations adopted by the division of child and family services . [; and]

      7.  Evaluate the plans submitted for approval pursuant to NRS 432B.395.

      8.  In consultation with each agency which provides child welfare services, request sufficient money for the provision of child welfare services throughout this state.

    Sec. 89.  NRS 432B.190 is hereby amended to read as follows:

    432B.190  The division of child and family services shall , in consultation with each agency which provides child welfare services, adopt regulations establishing reasonable and uniform standards for:

    1.  [Protective] Child welfare services provided in this state;

    2.  Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

    3.  The development of local councils involving public and private organizations;

    4.  Reports of abuse or neglect, records of these reports and the response to these reports;

    5.  The management and assessment of reported cases of abuse or neglect;

    6.  The protection of the legal rights of parents and children;

    7.  Emergency shelter for a child;

    8.  The prevention, identification and correction of abuse or neglect of a child in residential institutions;

    9.  Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

    10.  Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 and 4 of [this act] Assembly Bill No. 429 of the 71st session of the Nevada Legislature, during all stages of the proceeding; and

    11.  Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.

    Sec. 90.  NRS 432B.200 is hereby amended to read as follows:

    432B.200  The division of child and family services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this state 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency [providing protective] which provides child welfare services in the community where the child is located.

    Sec. 91.  NRS 432B.210 is hereby amended to read as follows:

    432B.210  An agency which provides [protective] child welfare services must receive from the state, any of its political subdivisions or any agency of either, any cooperation, assistance and information it requests in order to fulfill its responsibilities under NRS 432.100 to 432.130, inclusive, and this chapter.

    Sec. 92.  NRS 432B.215 is hereby amended to read as follows:

    432B.215  1.  An agency which provides [protective services and the division of child and family] child welfare services may request the division of parole and probation of the department of motor vehicles and public safety for information concerning a probationer or parolee that may assist the agency [or the division of child and family services] in carrying out the provisions of this chapter.


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for information concerning a probationer or parolee that may assist the agency [or the division of child and family services] in carrying out the provisions of this chapter. The division of parole and probation shall provide such information upon request.

    2.  The agency which provides [protective services or the division of child and family] child welfare services may use the information obtained pursuant to subsection 1 only for the limited purpose of carrying out the provisions of this chapter.

    Sec. 93. NRS 432B.220 is hereby amended to read as follows:

    432B.220  1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

    (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides [protective] child welfare services or to a law enforcement agency; and

    (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

    2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

    (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

    (b) An agency which provides [protective] child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

    3.  A report must be made pursuant to subsection 1 by the following persons:

    (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;

    (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;

    (c) A coroner;

    (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;

    (e) A social worker and an administrator, teacher, librarian or counselor of a school;

    (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child;


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      (g) Any person licensed to conduct a foster home;

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect;

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met; and

      (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in section 4 of [this act.] Assembly Bill No. 264 of the 71st session of the Nevada Legislature.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides [protective] child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      Sec. 94.  NRS 432B.230 is hereby amended to read as follows:

      432B.230  1.  A person may make a report pursuant to NRS 432B.220 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

      2.  The report must contain the following information, if obtainable:

      (a) The name, address, age and sex of the child;

      (b) The name and address of the child’s parents or other person responsible for his care;

      (c) The nature and extent of the abuse or neglect of the child;

      (d) Any evidence of previously known or suspected abuse or neglect of the child or the child’s siblings;

      (e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and

      (f) Any other information known to the person making the report that the agency which provides [protective] child welfare services considers necessary.

      Sec. 95.  NRS 432B.250 is hereby amended to read as follows:

      432B.250  Any person who is required to make a report pursuant to NRS 432B.220 may not invoke any of the privileges set forth in chapter 49 of NRS:

      1.  For his failure to make a report pursuant to NRS 432B.220;

      2.  In cooperating with an agency which provides [protective] child welfare services or a guardian ad litem for a child; or

      3.  In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.


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    Sec. 96.  NRS 432B.260 is hereby amended to read as follows:

    432B.260  1.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides [protective] child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any, and, within 3 working days, initiate an investigation. A law enforcement agency shall promptly notify an agency which provides [protective] child welfare services of any report it receives.

    2.  An agency which provides [protective] child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

    3.  If an agency which provides [protective] child welfare services or a law enforcement agency determines pursuant to an investigation initiated pursuant to this section that the:

    (a) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and

    (b) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150,

the agency which provides [protective] child welfare services or the law enforcement agency shall take no further action in regard to the matter and shall expunge all references to the matter from its records.

    Sec. 97.  NRS 432B.270 is hereby amended to read as follows:

    432B.270  1.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child concerning any possible abuse or neglect. The child may be interviewed at any place where he is found. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child was interviewed, unless the designee determines that such notification would endanger the child.

    2.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:

    (a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and

    (b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on a child.

    3.  Upon the taking of any photographs or X-rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X-rays or medical tests must be paid by the agency providing protective services if money is not otherwise available.

    4.  Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency [providing protective] which provides child welfare services, the law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X-ray, result of a medical test or other medical record:


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    (a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:

         (1) The name of the child;

         (2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and

         (3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;

    (b) Is admissible in any proceeding relating to the abuse or neglect of the child; and

    (c) May be given to the child’s parent or guardian if he pays the cost of duplicating them.

    5.  As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

    Sec. 98.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in subsections 2 and 3 and section 2 of [this act,] Assembly Bill No. 429 of the 71st session of the Nevada Legislature, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician, if the physician has before him a child who he has reasonable cause to believe has been abused or neglected;

    (b) A person authorized to place a child in protective custody, if the person has before him a child who he has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

    (g) The attorney and the guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

    (j) A team organized pursuant to NRS 432B.350 for the protection of a child;

    (k) A team organized pursuant to NRS 432B.405 to review the death of a child;


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    (l) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    (m) The persons who are the subject of a report;

    (n) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

    (o) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency [that provides protective] which provides child welfare services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

    (p) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

    (q) The rural advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604; or

    (r) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide [protective] child welfare services.

    2.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

    3.  An agency which provides [protective] child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

    4.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or


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    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

    5.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 99.  NRS 432B.300 is hereby amended to read as follows:

    432B.300  Each agency which provides [protective] child welfare services shall investigate each report of abuse or neglect received or referred to it to determine:

    1.  The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;

    2.  Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;

    3.  If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and

    4.  The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the child’s welfare to care adequately for him.

    Sec. 100.  NRS 432B.320 is hereby amended to read as follows:

    432B.320  1.  An agency which provides [protective] child welfare services may waive a full investigation of a report of abuse or neglect of a child made by another agency or a person if, after assessing the circumstances, it is satisfied that:

    (a) The person or other agency who made the report can provide services to meet the needs of the child and the family, and this person or agency agrees to do so; and

    (b) The person or other agency agrees in writing to report periodically on the child and to report immediately any threat or harm to the child’s welfare.

    2.  The agency which provides [protective] child welfare services shall supervise for a reasonable period the services provided by the person or other agency pursuant to subsection 1.

    Sec. 101.  NRS 432B.340 is hereby amended to read as follows:

    432B.340  1.  If the agency which provides [protective] child welfare services determines that a child needs protection, but is not in imminent danger from abuse or neglect, it may:

    (a) Offer to the parents or guardian a plan for services and inform him that the agency has no legal authority to compel him to accept the plan but that it has the authority to petition the court pursuant to NRS 432B.490 or to refer the case to the district attorney or a law enforcement agency; or

    (b) File a petition pursuant to NRS 432B.490 and, if a child is adjudicated in need of protection, request that the child be removed from the custody of his parents or guardian or that he remain at home with or without the supervision of the court or of any person or agency designated by the court.


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his parents or guardian or that he remain at home with or without the supervision of the court or of any person or agency designated by the court.

      2.  If the parent or guardian accepts the conditions of the plan offered by the agency pursuant to paragraph (a) of subsection 1, the agency may elect not to file a petition and may arrange for appropriate services, including medical care, care of the child during the day, management of the home or supervision of the child, his parents or guardian.

      Sec. 102.  NRS 432B.350 is hereby amended to read as follows:

      432B.350  An agency which provides [protective service] child welfare services may organize one or more teams for protection of a child to assist the agency in the evaluation and investigation of reports of abuse or neglect of a child, diagnosis and treatment of abuse or neglect and the coordination of responsibilities. Members of the team serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.

      Sec. 103.  NRS 432B.360 is hereby amended to read as follows:

      432B.360  1.  A parent or guardian of a child who is in need of protection may place the child with a public agency authorized to care for children or a private institution or agency licensed by the department of human resources or a county whose population is 100,000 or more to care for such children if:

      (a) Efforts to keep the child in his own home have failed; and

      (b) The parents or guardian and the agency or institution voluntarily sign a written agreement for placement of the child which sets forth the rights and responsibilities of each of the parties to the agreement.

      2.  If a child is placed with an agency or institution pursuant to subsection 1, the parent or guardian shall:

      (a) If able, contribute to the support of the child during his temporary placement;

      (b) Inform the agency or institution of any change in his address or circumstances; and

      (c) Meet with a representative of the agency or institution and participate in developing and carrying out a plan for the possible return of the child to his custody, the placement of the child with a relative or the eventual adoption of the child.

      3.  A parent or guardian who voluntarily agrees to place a child with an agency or institution pursuant to subsection 1 is entitled to have the child returned to his physical custody within 48 hours of a written request to that agency or institution. If that agency or institution determines that it would be detrimental to the best interests of the child to return him to the custody of his parent or guardian, it shall cause a petition to be filed pursuant to NRS 432B.490.

      4.  If the child has remained in temporary placement for 6 consecutive months, the agency or institution shall:

      (a) Immediately return the child to the physical custody of his parent or guardian; or

      (b) Cause a petition to be filed pursuant to NRS 432B.490.

      5.  The division of child and family services shall adopt regulations to carry out the provisions of this section.


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      Sec. 104.  NRS 432B.370 is hereby amended to read as follows:

      432B.370  If an agency which provides [protective] child welfare services determines that there is no reasonable cause to believe that a child is in need of protection, it shall proceed no further in that matter.

      Sec. 105.  NRS 432B.380 is hereby amended to read as follows:

      432B.380  If the agency which provides [protective] child welfare services determines that further action is necessary to protect a child who is in need of protection, as well as any other child under the same care who may be in need of protection, it may refer the case to the district attorney for criminal prosecution and may recommend the filing of a petition pursuant to NRS 432B.490.

      Sec. 106.  NRS 432B.390 is hereby amended to read as follows:

      432B.390  1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides [protective] child welfare services:

      (a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

      (b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      2.  When an agency which provides [protective] child welfare services receives a report pursuant to subsection 2 of section 1 of [this act,] Senate Bill No. 191 of the 71st session of the Nevada Legislature, a designee of the agency which provides [protective] child welfare services shall immediately place the child in protective custody.

      3.  If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides [protective] child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides [protective] child welfare services and a protective custody hearing must be scheduled.

      4.  An agency which provides [protective] child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

      5.  Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to this section to place a child in protective custody.


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identifies him as a person authorized pursuant to this section to place a child in protective custody.

    6.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

    7.  A person placing a child in protective custody pursuant to subsection 1 shall:

    (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

    (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody;

    (c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state; and

    (d) As soon as practicable, inform the agency which provides [protective] child welfare services and the appropriate law enforcement agency.

    8.  If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

    Sec. 107.  NRS 432B.393 is hereby amended to read as follows:

    432B.393  1.  Except as otherwise provided in this section, an agency which provides [protective] child welfare services shall make reasonable efforts to preserve and reunify the family of a child to prevent or eliminate the need for his removal from his home and to make it possible for his safe return to his home.

    2.  In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides [protective] child welfare services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides [protective] child welfare services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.

    3.  An agency which provides [protective] child welfare services is not required to make the reasonable efforts required by subsection 1 if the court finds that:

    (a) A parent or other primary caretaker of the child has:

         (1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;

         (2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;


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             (3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or

             (4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;

      (b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;

      (c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;

      (d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect;

      (e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:

             (1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or

             (2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care; or

      (f) The child was delivered to a provider of emergency services pursuant to section 1 of [this act.] Senate Bill No. 191 of the 71st session of the Nevada Legislature.

      Sec. 108.  NRS 432B.395 is hereby amended to read as follows:

      432B.395  An agency which provides [protective] child welfare services shall submit annually to the division of child and family services for its approval a plan to ensure that the reasonable efforts required by subsection 1 of NRS 432B.393 are made by that agency.

      Sec. 109.  NRS 432B.396 is hereby amended to read as follows:

      432B.396  The division of child and family services shall:

      1.  Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide [protective] child welfare services are effectively discharging their responsibilities for the protection of children.

      2.  Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions.

      Sec. 110.  NRS 432B.397 is hereby amended to read as follows:

      432B.397  1.  The agency [providing protective] which provides child welfare services for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries to determine whether the child is an Indian child. The agency shall report that determination to the court.

      2.  An agency [that provides protective] which provides child welfare services pursuant to this chapter shall provide training for its personnel regarding the requirements of the Indian Child Welfare Act.


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    Sec. 111.  NRS 432B.400 is hereby amended to read as follows:

    432B.400  A physician treating a child or a person in charge of a hospital or similar institution may hold a child for no more than 24 hours if there is reasonable cause to believe that the child has been abused or neglected and that he is in danger of further harm if released. The physician or other person shall immediately notify a law enforcement agency or an agency which provides [protective] child welfare services that he is holding the child.

    Sec. 112.  NRS 432B.405 is hereby amended to read as follows:

    432B.405  1.  An agency which provides [protective] child welfare services:

    (a) May organize one or more multidisciplinary teams to review the death of a child; and

    (b) Shall organize one or more multidisciplinary teams to review the death of a child upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child.

    2.  Members of a team organized pursuant to subsection 1 serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.

    3.  Each organization represented on such a team may share with other members of the team information in its possession concerning the child who is the subject of the review, siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.

    4.  Before establishing any child death review team, an agency shall adopt a written protocol describing its objectives and the structure of such a team.

    Sec. 113.  NRS 432B.440 is hereby amended to read as follows:

    432B.440  The agency which provides [protective] child welfare services shall assist the court during all stages of any proceeding in accordance with NRS 432B.410 to 432B.590, inclusive.

    Sec. 114.  NRS 432B.490 is hereby amended to read as follows:

    432B.490  1.  An agency which provides [protective] child welfare services:

    (a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;

    (b) In other cases where a hearing on protective custody is held, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or

    (c) If a child is not placed in protective custody, may, after an investigation is made under NRS 432B.010 to 432B.400, inclusive, file a petition which meets the requirements set forth in NRS 432B.510.

    2.  If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.


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    3.  If a child has been placed in protective custody and if further action in court is taken, an agency which provides [protective] child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for his welfare pending further action in court.

    Sec. 115.  NRS 432B.500 is hereby amended to read as follows:

    432B.500  1.  After a petition is filed that a child is in need of protection pursuant to NRS 432B.490, the court shall appoint a guardian ad litem for the child. The person so appointed:

    (a) Must meet the requirements of NRS 432B.505 or, if such a person is not available, a representative of an agency which provides [protective] child welfare services, a juvenile probation officer, an officer of the court or another volunteer.

    (b) Must not be a parent or other person responsible for the child’s welfare.

    2.  No compensation may be allowed a person serving as a guardian ad litem pursuant to this section.

    3.  A guardian ad litem appointed pursuant to this section shall:

    (a) Represent and protect the best interests of the child until excused by the court;

    (b) Thoroughly research and ascertain the relevant facts of each case for which he is appointed, and ensure that the court receives an independent, objective account of those facts;

    (c) Meet with the child wherever the child is placed as often as is necessary to determine that the child is safe and to ascertain the best interests of the child;

    (d) Explain to the child the role of the guardian ad litem and, when appropriate, the nature and purpose of each proceeding in his case;

    (e) Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the implementation of those plans and orders to determine whether services are being provided in an appropriate and timely manner;

    (f) Appear at all proceedings regarding the child;

    (g) Inform the court of the desires of the child, but exercise his independent judgment regarding the best interests of the child;

    (h) Present recommendations to the court and provide reasons in support of those recommendations;

    (i) Request the court to enter orders that are clear, specific and, when appropriate, include periods for compliance;

    (j) Review the progress of each case for which he is appointed, and advocate for the expedient completion of the case; and

    (k) Perform such other duties as the court orders.

    Sec. 116.  NRS 432B.510 is hereby amended to read as follows:

    432B.510  1.  A petition alleging that a child is in need of protection may be signed only by:

    (a) A representative of an agency which provides [protective] child welfare services;

    (b) A law enforcement officer or probation officer; or

    (c) The district attorney.

    2.  The district attorney shall countersign every petition alleging need of protection, and shall represent the petitioner in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the attorney general.


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ê2001 Statutes of Nevada, 17th Special Session, Page 49 (Chapter 1, AB 1)ê

 

review by the attorney general. If the attorney general determines that a petition should be filed, he shall countersign the petition and shall represent the petitioner in all subsequent proceedings.

      3.  Every petition must be entitled, “In the Matter of ................, a child,” and must be verified by the person who signs it.

      4.  Every petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.

      (b) The name, date of birth and address of the residence of the child.

      (c) The names and addresses of the residences of his parents and any other person responsible for the child’s welfare, and spouse if any. If his parents or other person responsible for his welfare do not reside in this state or cannot be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court.

      (d) Whether the child is in protective custody, and if so, the agency responsible for placing the child in protective custody and the reasons therefor.

      5.  When any of the facts required by subsection 4 are not known, the petition must so state.

      Sec. 117.  NRS 432B.520 is hereby amended to read as follows:

      432B.520  1.  After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.

      2.  Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.

      3.  Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.

      4.  If the:

      (a) Person summoned resides in this state, the summons must be served personally;

      (b) Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address; or

      (c) Child was delivered to a provider of emergency services pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of the Nevada Legislature and the location of the parent is unknown, the summons must be served on the parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter.


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      5.  If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides [protective] child welfare services in whose custody the child must remain until the further order of the court.

      6.  If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:

      (a) In the judge’s opinion, the service will be ineffectual or the welfare of the child requires that he be brought forthwith into the custody of the court; or

      (b) A person responsible for the child’s welfare has absconded with him or concealed him from a representative of an agency which provides [protective] child welfare services,

the court may issue a writ for the attachment of the child’s person, commanding a law enforcement officer or a representative of an agency which provides [protective] child welfare services to place the child in protective custody.

      Sec. 118.  NRS 432B.540 is hereby amended to read as follows:

      432B.540  1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides [protective] child welfare services, concerning:

      (a) Except as otherwise provided in paragraph (b), the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case; or

      (b) If the child was delivered to a provider of emergency services pursuant to section 1 of [this act,] Senate Bill No. 191 of the 71st session of the Nevada Legislature, any matters relevant to the case.

      2.  If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:

      (a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, a plan for ensuring that he would receive safe and proper care and a description of his needs;

      (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to ensure his permanent placement;

      (c) The appropriateness of the services to be provided under the plan; and

      (d) A description of how the order of the court will be carried out.

      3.  If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.


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    Sec. 119.  NRS 432B.550 is hereby amended to read as follows:

    432B.550  1.  If the court finds that a child is in need of protection, it shall determine whether the agency which provides [protective] child welfare services has made the reasonable efforts required by subsection 1 of NRS 432B.393. The court may, by its order, after receipt and review of the report from the agency which provides [protective] child welfare services:

    (a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the department of human resources or a county whose population is 100,000 or more to care for such a child; or

    (d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.

In carrying out this subsection, the court may, in its sole discretion, consider an application pursuant to chapter 159 of NRS for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

    2.  If, pursuant to subsection 1, a child is placed other than with a parent:

    (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

    (b) The court shall set forth good cause why the child was placed other than with a parent.

    3.  If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

    4.  Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides [protective] child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to section 1 of [this act] Senate Bill No. 191 of the 71st session of the Nevada Legislature and the location of the parent is unknown, the report need not be sent to that parent.

    5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:

    (a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.

    (b) If practicable, together with his siblings.


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ê2001 Statutes of Nevada, 17th Special Session, Page 52 (Chapter 1, AB 1)ê

 

Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home. If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

    Sec. 120.  Chapter 433B of NRS is hereby amended by adding thereto the provisions set forth as sections 121 and 122 of this act.

      Sec. 121.  1.  A mental health consortium is hereby established in each of the following jurisdictions:

      (a) A county whose population is 100,000 or more; and

      (b) The region consisting of all counties whose population are less than 100,000.

      2.  In a county whose population is 100,000 or more, such a consortium must consist of at least the following persons apppointed by the administrator:

      (a) A representative of the division;

      (b) A representative of the agency which provides child welfare services;

      (c) A representative of the division of health care financing and policy of the department;

      (d) A representative of the board of trustees of the school district in the county;

      (e) A representative of the local juvenile probation department;

      (f) A representative of the local chamber of commerce or business community;

      (g) A private provider of mental health care;

      (h) A provider of foster care; and

      (i) A parent of an emotionally disturbed child.

      3.  In the region consisting of counties whose population are less than 100,000, such a consortium must consist of at least the following persons appointed by the administrator:

      (a) A representative of the division of mental health and developmental services of the department;

      (b) A representative of the agency which provides child welfare services in the region;

      (c) A representative of the division of health care financing and policy of the department;

      (d) A representative of the boards of trustees of the school districts in the region;

      (e) A representative of the local juvenile probation departments;

      (f) A representative of the chambers of commerce or business community in the region;

      (g) A private provider of mental health care;

      (h) A provider of foster care; and

      (i) A parent of an emotionally disturbed child.

      Sec. 122.  1.  On or before January 1 of each year, each mental health consortium established pursuant to section 121 of this act shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.

      2.  In preparing the recommended plan, each mental health consortium must be guided by the following principles:


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      (a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their family dictating the types and mix of services provided.

      (b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

      (c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.

      (d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

      (e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

      (f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

      (g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.

      (h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.

      3.  The plan prepared pursuant to this section must include:

      (a) An assessment of the need for mental health services in the jurisdiction of the consortium;

      (b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;

      (c) Criteria for eligibility for those services;

      (d) A description of the manner in which those services may be obtained by eligible children;

      (e) The manner in which the costs for those services will be allocated;

      (f) The mechanisms to manage the money provided for those services;

      (g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

      (h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and

      (i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

      4.  On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the department. If the department disapproves the plan, the department shall submit the plan to the consortium for revision and resubmission to the department.

      5.  On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.


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ê2001 Statutes of Nevada, 17th Special Session, Page 54 (Chapter 1, AB 1)ê

 

    Sec. 123.  NRS 442.400 is hereby amended to read as follows:

    442.400  The [division of child and family services of the department] agency which provides child welfare services or a licensed child-placing agency shall inquire, during its initial contact with a natural parent of a child who is to be placed for adoption, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:

    1.  Included in the report provided to the adopting parents of the child pursuant to NRS 127.152; and

    2.  Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.

    Sec. 124.  NRS 442.405 is hereby amended to read as follows:

    442.405  1.  The [division of child and family services of the department] agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child who is to be placed in a family foster home, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:

    (a) Provided to the provider of family foster care pursuant to NRS 424.038; and

    (b) Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.

    2.  As used in this section, “family foster home” has the meaning ascribed to it in NRS 424.013.

    Sec. 125.  NRS 442.410 is hereby amended to read as follows:

    442.410  An agency which provides [protective] child welfare services shall inquire, during its initial contact with a natural parent of a child whom a court has determined must be kept in temporary or permanent custody, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:

    1.  Included in the report the agency is required to make pursuant to NRS 432B.540; and

    2.  Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.

    Sec. 126.  NRS 641B.210 is hereby amended to read as follows:

      641B.210  1.  The board shall [not] grant a license to engage in social work as an associate in social work to any [person on or after June 19, 1995.] applicant who:

      (a) Possesses the preliminary qualifications set forth in NRS 641B.200; and

      (b) Is employed by an agency which provides child welfare services in a county whose population is 100,000 or more as a social worker, supervisor of social work or administrator of social work on September 1, 2002.

    2.  The board shall renew the license of any person who was granted a license to engage in social work as an associate in social work if he complies with the provisions of NRS 641B.280.

    3.  A person who is granted a license to engage in social work as an associate in social work pursuant to subsection 1 may supervise another person engaged in the practice of social work.


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      4.  The provisions of this section do not prohibit a social worker, supervisor of social work or administrator of social work who is employed by a public employer on July 1, 1988, and who is granted a license to engage in social work as an associate in social work [,] pursuant to subsection 1, from being promoted to any position for which he would qualify but for the provisions of this chapter.

      5.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 127. Section 122 of this act is hereby amended to read as follows:

       Sec. 122.  1.  On or before January 1 of each year, each mental health consortium established pursuant to section 121 of this act shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.

       2.  In preparing the recommended plan, each mental health consortium must be guided by the following principles:

       (a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their family dictating the types and mix of services provided.

       (b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

       (c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.

       (d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

       (e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

       (f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

       (g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.

       (h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and special needs of the children.

       3.  The plan prepared pursuant to this section must include:

       (a) An assessment of the need for mental health services in the jurisdiction of the consortium;

       (b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;

       (c) Criteria for eligibility for those services;

       (d) A description of the manner in which those services may be obtained by eligible children;

       (e) The manner in which the costs for those services will be allocated;


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ê2001 Statutes of Nevada, 17th Special Session, Page 56 (Chapter 1, AB 1)ê

 

       (f) The mechanisms to manage the money provided for those services;

       (g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

       (h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and

       (i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

       4.  On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the department. If the department disapproves the plan, the department shall submit the plan to the consortium for revision and resubmission to the department.

       [5.  On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.]

      Sec. 128.  Sections 2 and 3 of chapter 508, Statutes of Nevada 1999, at page 2612, are hereby amended to read as follows:

       Sec. 2.  On or before November 30, [2000,] 2002, the division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee. The report must include the following information for each agreement entered into pursuant to section 1 of this act:

       1.  The number of children involved in the pilot project established pursuant to the agreement;

       2.  A description of the services provided to those children that includes:

       (a) The name of the agency that provided the services; and

       (b) The costs incurred by the agency that provided the services;

       3.  If available, the disposition of the cases of those children; and

       4.  An analysis of the benefits, if any, to the children involved in the pilot project and to the families of those children.

       Sec. 3.  This act becomes effective on July 1, 1999, and expires by limitation on June 30, [2001.] 2003.

      Sec. 129.  Section 1 of Senate Bill No. 191 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Section 1.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old if:

       (a) The child is voluntarily delivered to the provider by a parent of the child; and

       (b) The parent does not express an intent to return for the child.

       2.  A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:


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ê2001 Statutes of Nevada, 17th Special Session, Page 57 (Chapter 1, AB 1)ê

 

       (a) Perform any act necessary to maintain and protect the physical health and safety of the child.

       (b) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides [protective] child welfare services.

       3.  A person who delivers a child to a provider of emergency services pursuant to subsection 1:

       (a) Is presumed to have intended to consent to the termination of his parental rights to the child.

       (b) Shall be deemed to have given his consent to the performance of all necessary emergency services and care for the child.

       (c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.

       (d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the person has delivered the child to the provider pursuant to subsection 1:

             (1) Must not be required to disclose any identifying information, but may voluntarily do so;

             (2) Must be allowed to leave at any time; and

             (3) Must not be pursued or followed.

       4.  As used in this section, “provider of emergency services” means:

       (a) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;

       (b) A public fire-fighting agency; or

       (c) A law enforcement agency.

      Sec. 130.  NRS 424.035 is hereby repealed.

      Sec. 131.  The legislative committee on children, youth and families established pursuant to section 37 of this act shall monitor the transfer of duties relating to the provision of child welfare services from the division of child and family services of the department of human resources to each agency which provides child welfare services in a county whose population is 100,000 or more, including, without limitation, the fiscal effects resulting from the transfer of such duties.

      Sec. 132.  1.  The division of child and family services of the department of human resources, in consultation with each agency which provides child welfare services in a county whose population is 100,000 or more, shall develop a plan for funding the provision of child welfare services in this state. The plan must address the fiscal responsibility of the state and each such county for any increases in the costs of providing those services. The division of child and family services shall submit the plan to the legislative committee on children, youth and families established pursuant to section 37 of this act on or before September 15, 2002, for its review.

      2.  The legislative committee on children, youth and families may revise the plan submitted by the division of child and family services pursuant to subsection 1 as it deems necessary and shall submit the plan, including any necessary revisions, to the governor and the interim finance committee on or before November 15, 2002.

      Sec. 133.  1.  Notwithstanding the provisions of chapter 284 of NRS and any regulations adopted pursuant thereto to the contrary:

      (a) The positions in the division of child and family services of the department of human resources that are to be abolished must be determined jointly by the division and each agency which provides child welfare services in a county whose population is 100,000 or more based on the necessity of the positions to carry out the provisions of this act.


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ê2001 Statutes of Nevada, 17th Special Session, Page 58 (Chapter 1, AB 1)ê

 

in a county whose population is 100,000 or more based on the necessity of the positions to carry out the provisions of this act.

    (b) The abolishment of positions pursuant to paragraph (a) must not affect employees of the division who are employed in positions that will not be abolished.

    2.  The agency which provides child welfare services in a county in which a position in the division of child and family services of the department of human resources which is being abolished is located shall make an offer of employment in a comparable position to the employee of the division who had filled that position immediately preceding its abolishment.

    3.  An employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 from an agency which provides child welfare services in a county whose population is 100,000 or more may:

    (a) Transfer all of his accrued sick leave, including, without limitation, all of his unused sick leave accrued but not carried forward pursuant to NRS 284.355, as of the effective date of the abolishment of his position to his sick leave account with the agency with which he accepted employment pursuant to subsection 2. If an employee of the division transfers his sick leave pursuant to this paragraph, he may only use that sick leave after he has exhausted the sick leave that he accrues at the county agency. The employee may not receive any payment for that sick leave after the sick leave has been transferred pursuant to this paragraph; or

    (b) Receive payment for his unused sick leave, exclusive of any unused sick leave accrued but not carried forward, as of the effective date of the abolishment of his position, according to his number of years of public service, except service with a political subdivision of the state, as follows:

         (1) For less than 10 years of service, not more than $1,500.

         (2) For 10 years of service or more but less than 15 years, not more than $2,500.

         (3) For 15 years of service or more but less than 20 years, not more than $4,000.

         (4) For 20 years of service or more but less than 25 years, not more than $6,000.

         (5) For 25 years of service or more, not more than $8,000.

If the payment provided pursuant to this paragraph does not compensate the employee fully for the unused sick leave that the employee has accrued and carried forward, the remaining balance of the employee’s unused sick leave must be transferred to his sick leave account with the agency with which he accepted employment pursuant to subsection 2. All of the employee’s unused sick leave that has been accrued but not carried forward pursuant to NRS 284.355 must be transferred to his sick leave account with the agency with which he accepted employment pursuant to subsection 2. If sick leave is transferred to the employee’s sick leave account with the county agency pursuant to this paragraph, the employee may only use that sick leave after he has exhausted the sick leave that he accrues at the county agency. The employee may not receive any payment for sick leave that is transferred pursuant to this paragraph.

    4.  Notwithstanding any provision to the contrary, an employee of the division of child and family services of the department of human resources who accepted an offer of employment made pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more shall receive payment for all of the annual leave that he had accrued as of the date of the abolishment of his position, unless the employee, before the effective date of the abolishment of his position, requests the division to transfer a portion or all of his accrued annual leave to his account for annual leave with the agency with which he accepted employment pursuant to subsection 2.


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ê2001 Statutes of Nevada, 17th Special Session, Page 59 (Chapter 1, AB 1)ê

 

agency which provides child welfare services in a county whose population is 100,000 or more shall receive payment for all of the annual leave that he had accrued as of the date of the abolishment of his position, unless the employee, before the effective date of the abolishment of his position, requests the division to transfer a portion or all of his accrued annual leave to his account for annual leave with the agency with which he accepted employment pursuant to subsection 2. If the employee requests the transfer of a portion of his annual leave to his account for annual leave with the county agency pursuant to this subsection, the employee shall receive payment for the remaining balance of his accrued annual leave that he did not transfer. After his acceptance of employment with the county agency, the employee must accrue annual leave at a rate that is based on his years of state service and county service.

    5.  An employee of the division of child and family services of the department of human resources who is licensed to engage in social work pursuant to chapter 641B of NRS must be classified and continued as a social worker after accepting employment with the county agency pursuant to subsection 2. Persons hired by the county agency on or after October 1, 2001, in the capacity of social worker, supervisor of social work or administrator of social work must be licensed pursuant to chapter 641B of NRS.

    6.  Notwithstanding any county ordinance or regulation to the contrary, an employee of the division of child and family services of the department of human resources who is a permanent employee of the division at the time at which he accepts employment offered pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more must not be subject to any probationary period otherwise applicable to his initial employment with the county agency. An employee of the division of child and family services of the department of human resources who is not a permanent employee of the division at the time at which he accepts employment offered pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more may be subject to a probationary period between 6 months and 2 years, as determined by the county agency. If such an employee completes his probationary period successfully, the employee must be given permanent status.

    7.  If an employee of the division of child and family services of the department of human resources accepts an offer of employment made pursuant to subsection 2 with an agency which provides child welfare services in a county whose population is 100,000 or more, the base salary for the new position with the county agency:

    (a) Must be in a range of salary such that the employee will not experience any reduction in his annual net salary.

    (b) Must be adjusted to include any merit increase that the employee would have been eligible to receive within the 1-year period after his acceptance of an offer pursuant to subsection 2 if the employee had remained employed by the division of child and family services of the department of human resources. Such an increase must not commence until the date on which the employee would have received the merit increase if the employee had remained employed by the division of child and family services.


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    (c) Must include any increases that had been provided to the employee pursuant to NRS 284.177 before the abolishment of his position. After acceptance of an offer of employment made pursuant to subsection 2 with the county agency, any increase in the employee’s salary based on longevity must be based only on the employee’s years of service with the county agency.

    (d) Must be increased by 5 percent more than the base salary of the corresponding position that he occupied at the division which was abolished if the employee is fluent in a language spoken by 10 percent or more of the clients of the agency.

    8.  Notwithstanding any provision of the law, county ordinance or collective bargaining agreement entered into pursuant to chapter 288 of NRS to the contrary, an agency which provides child welfare services in a county whose population is 100,000 or more shall pay to the public employees’ benefits program the premiums or contributions for each employee of the division of child and family services of the department of human resources who:

    (a) Accepts an offer of employment made pursuant to subsection 2 by the agency; and

    (b) Participated in the public employees’ benefits program,

from the date on which the position of the employee was abolished until the employee is eligible for coverage for health benefits by the county agency. The coverage of the employee under the public employees’ benefits program must be continuous until his coverage for health benefits commences with the county agency.

    9.  An agency which provides child welfare services in a county whose population is 100,000 or more shall recognize the results of any background investigation or drug screening performed regarding an employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 with that agency.

    10.  Notwithstanding any provision of the law, county ordinance or collective bargaining agreement entered into pursuant to chapter 288 of NRS to the contrary, an employee of the division of child and family services of the department of human resources who accepts an offer of employment made pursuant to subsection 2 is entitled to the same rights as a county employee in the case of a layoff at the county agency. For the purposes of a layoff at the county agency, the number of years of state service of such an employee of the division of child and family services must be considered in addition to his years of service with the county agency within the classification and unit in which the employee is employed if the employee has maintained the same classification that the employee had before accepting employment with the county agency pursuant to subsection 2.

    Sec. 134.  Notwithstanding any provision of chapter 284 of NRS or any regulations adopted pursuant thereto to the contrary, an employee of the division of child and family services of the department of human resources whose position is or will be abolished may request that his name be placed on the appropriate reemployment list before or after his position is abolished and is entitled to all related rights and privileges as if he had been laid off on the date on which his position was abolished.


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ê2001 Statutes of Nevada, 17th Special Session, Page 61 (Chapter 1, AB 1)ê

 

      Sec. 135.  Notwithstanding the amendatory provisions of this act, the division of child and family services of the department of human resources shall, except as otherwise provided in NRS 432B.325, provide child welfare services in a county whose population is 100,000 or more as necessary until the division and the board of county commissioners of the county agree that an agency in the county is fully capable of providing child welfare services. Any dispute regarding the capability of the agency to provide child welfare services must be determined by the governor.

      Sec. 136.  1.  There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $5,166,860 for one-time costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County. No expenditures may be made from the money appropriated pursuant to this subsection for ongoing costs related to the integration of the child welfare system.

      2.  The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 137.  1.  There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources for ongoing costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County:

For the fiscal year 2001-2002...................................................................... $1,015,497

For the fiscal year 2002-2003...................................................................... $5,619,610

On or before June 30, 2002, the sum appropriated pursuant to this subsection may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the Governor.

      2.  The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.

      3.  Any remaining balance of the sum appropriated by subsection 1 for fiscal year 2001-2002 that has not been transferred to fiscal year 2002-2003 must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

      4.  Any remaining balance of the sum appropriated by subsection 1 for fiscal year 2002-2003 and any sum transferred from fiscal year 2001-2002 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 138.  1.  Notwithstanding any provision of chapter 353 of NRS to the contrary, the division of child and family services of the department of human resources may submit a request to the budget division of the department of administration to transfer money appropriated to the division in the budget accounts for children and family administration, youth community services and child care services to the account established solely for the costs related to the integration of the child welfare system. The interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the governor.


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ê2001 Statutes of Nevada, 17th Special Session, Page 62 (Chapter 1, AB 1)ê

 

interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the governor.

      2.  On or before June 30, 2002, any sum transferred from the budget account for youth community services to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the Governor.

      3.  Any remaining balance of the sums transferred to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 for fiscal year 2001-2002 that has not been transferred to fiscal year 2002-2003 must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

      4.  Any remaining balance of the sums transferred to the new account established solely for the costs related to the integration of the child welfare system pursuant to subsection 1 for fiscal year 2002-2003 and any sum transferred in that account from fiscal year 2001-2002 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 139.  1.  This section and sections 128, 134, 136 and 140 of this act become effective upon passage and approval.

      2.  Sections 35 to 39, inclusive, 131, 137 and 138 of this act become effective on July 1, 2001.

      3.  Sections 1 to 9, inclusive, 11, 13 to 20, inclusive, 22 to 34, inclusive, 40 to 92, inclusive, 94 to 126, inclusive, 129, 130, 132, 133 and 135 of this act become effective on October 1, 2001.

      4.  Sections 10, 21 and 93 of this act become effective at 12:01 a.m. on October 1, 2001.

      5.  Section 12 of this act becomes effective at 12:02 a.m. on October 1, 2001. 

      6.  Section 126 of this act expires by limitation on January 1, 2005.

      7.  Sections 35 to 39, inclusive, 122 and 131 of this act expire by limitation on June 30, 2005.

      8.  Section 127 of this act becomes effective on July 1, 2005.

      Sec. 140.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to “agency which provides protective services” to “agency which provides child welfare services.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to “agency which provides protective services” to “agency which provides child welfare services.”

________

 


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ê2001 Statutes of Nevada, 17th Special Session, Page 63ê

 

CHAPTER 2, AB 2

Assembly Bill No. 2–Joint Rules Committee

 

CHAPTER 2

 

AN ACT relating to public employees; authorizing a leave of absence for certain public officers and employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from his duties, upon the request of the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management and the approval of his employer, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.

      2.  As used in this section:

      (a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

      (b) “Emergency” has the meaning ascribed to it in NRS 414.0345.

      (c) “Emergency communications technician” means a person who is:

             (1) Licensed by the Federal Communications Commission as an amateur radio operator; and

             (2) A member of:

                   (I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management; or

                   (II) The Amateur Radio Emergency Service or a successor organization sponsored by the American Radio Relay League or its successor.

      (d) “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

      Sec. 2.  NRS 284.355 is hereby amended to read as follows:

      284.355  1.  Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from [one] 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward [by reason] because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him.


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employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from [one] 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward [by reason] because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him.

      2.  Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment [for] :

      (a) For his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:

      [(a)] (1) For 10 years of service or more but less than 15 years, not more than $2,500.

      [(b)] (2) For 15 years of service or more but less than 20 years, not more than $4,000.

      [(c)] (3) For 20 years of service or more but less than 25 years, not more than $6,000.

      [(d)] (4) For 25 years of service, not more than $8,000.

      (b) For his unused sick leave accrued but not carried forward, an amount equal to one-half of the sum of:

             (1) His hours of unused sick leave accrued but not carried forward; and

             (2) An additional 120 hours.

      3.  The department may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.

      [2.] 4.  An employee entitled to payment for unused sick leave pursuant to subsection [1] 2 may elect to receive the payment in any one or more of the following forms:

      (a) A lump-sum payment.

      (b) An advanced payment of the premiums or contributions for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.

      (c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.

      [3.] 5.  Officers and members of the faculty of the University and Community College System of Nevada are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.

      [4.] 6.  The department may by regulation provide policies concerning employees with mental or emotional disorders which:


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      (a) [Utilize] Use a liberal approach to the granting of sick leave or leave without pay [when] to such an employee if it is necessary for [them] him to be absent for treatment or temporary hospitalization.

      (b) Provide for the retention of [their jobs] the job of such an employee for a reasonable [periods] period of absence, and [where] if an extended absence necessitates separation or retirement, provide for [their] the reemployment of such an employee if at all possible after recovery.

      (c) Protect employee benefits [such as] , including, without limitation, retirement, life insurance and health benefits.

      [5.] 7.  The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.

      [6.] 8.  The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that he has [in fact] taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.

      Sec. 3.  NRS 353.262 is hereby amended to read as follows:

      353.262  When the state board of examiners finds, after diligent inquiry and examination, that:

      1.  As a result of payment for terminal leave, sick leave or unused sick leave to any state officer or employee or his beneficiary, sufficient appropriated money does not remain available to permit the payment of a salary when due to a person to be appointed or employed to replace the officer or employee; and

      2.  The appointment or employment of the replacement is necessary in the best interests of the state,

the state board of examiners may authorize the expenditure of sums not exceeding [$8,000] $12,000 from the reserve for statutory contingency account for payment of a salary when due to each person so appointed or employed as a replacement for the person to whom the terminal leave pay or sick leave pay was paid or is payable.

      Sec. 4.  Notwithstanding the provisions of subsection 6 of NRS 284.3621, if a state employee to whom NRS 284.355 applies transferred between July 1, 1998, and July 1, 2001, any amount of his unused sick leave accrued but not carried forward to an account for catastrophic leave established pursuant to NRS 284.3621, the employee may, before January 1, 2002, request his appointing authority to transfer to his account for his unused sick leave accrued but not carried forward an amount of his unused sick leave that he is entitled to carry forward pursuant to subsection 1 of NRS 284.355 that is equal to the amount of his unused sick leave that he transferred to an account for catastrophic leave during that period, less any unused sick leave returned to the employee from an account for catastrophic leave pursuant to subsection 5 of NRS 284.3621. Upon receipt of such a request, the appointing authority of the employee shall cause the transfer of such sick leave before July 1, 2002.

      Sec. 5.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, 17th Special Session, Page 66ê

 

CHAPTER 3, AB 3

Assembly Bill No. 3–Joint Rules Committee

 

CHAPTER 3

 

AN ACT relating to real property; requiring an affidavit in support of an action concerning constructional defects against a design professional; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

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

      Sec. 3. “Complainant” means a person who makes a claim or files an action against a design professional pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act.

      Sec. 4. “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

      Sec. 5. 1.  Except as otherwise provided in subsection 2, in an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

      (a) Has reviewed the facts of the case;

      (b) Has consulted with an expert;

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

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

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

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


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      (a) The resumé of the expert;

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

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

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

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

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

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

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

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

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

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

      Sec. 6. 1.  The court shall dismiss an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:

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

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

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

      2.  The fact that an attorney for a complainant has complied or failed to comply with the provisions of section 5 of this act is admissible in the action.

      Sec. 7.  NRS 40.600 is hereby amended to read as follows:

      40.600  As used in NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those sections.


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    Sec. 8.  The amendatory provisions of this act do not apply to a claim initiated or an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was initiated or the action was commenced on or after October 1, 2001.

________

 

CHAPTER 4, AB 4

Assembly Bill No. 4–Joint Rules Committee

 

CHAPTER 4

 

AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

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 68, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Board” means the public employees’ retirement board.

      Sec. 4.  1.  “Compensation” means the salary paid to a justice of the supreme court or district judge by this state 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 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.

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

    Sec. 5. “Disability retirement allowance” means monthly payments from the judicial retirement fund paid to disabled retired justices of the supreme court or district judges pursuant to the judicial retirement plan.

    Sec. 6. “Judicial retirement plan” means the retirement plan established pursuant to section 25 of this act.

    Sec. 7. “Retired justice or judge” means a justice of the supreme court or district judge who was a member of the judicial retirement plan at the time he retired or who decides, pursuant to section 23 or 24 of this act, to receive benefits for retirement pursuant to the judicial retirement plan.

    Sec. 8. “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 or district judges pursuant to the judicial retirement plan.


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ê2001 Statutes of Nevada, 17th Special Session, Page 69 (Chapter 4, AB 4)ê

 

      Sec. 9.  “Service retirement allowance” means monthly payments from the judicial retirement fund paid to a retired justice of the supreme court or district judge pursuant to the judicial retirement plan for the remainder of his life.

      Sec. 10. “System” means the judicial retirement system established pursuant to this chapter.

      Sec. 11.  1.  A system of retirement providing benefits for the retirement, disability or death of all justices of the supreme court and district 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 2.075, inclusive, and section 70 of this act and NRS 3.090 to 3.097, inclusive, and section 75 of this act for providing benefits to justices of the supreme court 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 or district judge who is not a member of the public employees’ retirement system is a member of the system.

      3.  The official correspondence and records, other than the files of individual members of the system or retired justices or judges, and the minutes 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.

      Sec. 12.  All records maintained for a member of the system, retired justice or judge, justice or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, or his beneficiary may be reviewed and copied only by the system, the member, the court administrator, the spouse of the member, or the retired justice or judge or his 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 or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, or beneficiary may submit a written waiver to the system authorizing his representative to review or copy all such records.

      Sec. 13.  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 and district 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 2.075, inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive, and section 75 of this act. The fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.


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ê2001 Statutes of Nevada, 17th Special Session, Page 70 (Chapter 4, AB 4)ê

 

      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 section 14 of this act 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 2.075, inclusive, and section 70 of this act and NRS 3.090 to 3.097, inclusive, and section 75 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. 14.  1.  Beginning July 1, 2003, the court administrator shall submit to the system for deposit in the judicial retirement fund on behalf of each 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 pursuant to subsection 5 of section 13 of this act and any administrative expenses of the system. 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.  Beginning July 1, 2003, 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 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 all benefits for which the system will be liable.

      Sec. 15.  1.  The board shall establish a fund known as the judicial retirement administrative fund in which must be deposited all administrative fees.

      2.  The board shall fix an administrative fee per capita sufficient to pay the expense of operating the judicial retirement system.

      Sec. 16.  1.  The board may establish a fund to pay the accrued benefits of a member of the system that are not payable because of the limitations set forth in section 27 of this act. The fund must be established in accordance with the provisions of section 415(m) of the Internal Revenue Code, 26 U.S.C. § 415(m), and must be separate from the judicial retirement fund.

      2.  If the board establishes a fund pursuant to subsection 1, the benefits that are required to be paid from the fund must be paid from money in the fund.

      Sec. 17.  The board has the exclusive control of the administration and investment of the judicial retirement fund, with the same powers and duties and subject to the same limitations and restrictions that are applicable to the administration and investment of the public employees’ retirement fund.


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the administration and investment of the public employees’ retirement fund.

      Sec. 18.  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 or the district judge were or had been a member of the public employees’ retirement system.

      Sec. 19.  1.  The board shall not change the actuarial assumptions used in computing the benefits provided to a member of the system.

      2.  The board shall make available to every member of the system upon request the actuarial assumptions used in computing the benefits provided to a member of the system.

      Sec. 20.  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 formula 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 judicial retirement system established pursuant to this chapter to the court administrator, the governor and each member of the legislature, and make the report available to all members of the judicial retirement 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 a justice of the supreme court or district judge that are maintained by the court administrator.

      (c) Require an annual notarized statement from a retired justice or judge or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he 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. 21.  1.  No person may become a member of the judicial retirement system unless he is a justice of the supreme court or a district judge.

      2.  Except as otherwise provided in section 32 of this act, persons retired under the provisions of this chapter who are employed as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, are not eligible to become members of the system.


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ê2001 Statutes of Nevada, 17th Special Session, Page 72 (Chapter 4, AB 4)ê

 

without limitation, employment as a senior justice or senior judge of the Nevada court system, are not eligible to become members of the system.

      Sec. 22.  1.  Membership of a justice of the supreme court or a district judge in the system terminates upon:

      (a) The death of a member;

      (b) Receipt of retirement allowances by a member of the judicial retirement plan or retirement benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act; or

      (c) Receipt of disability allowances by a member of the judicial retirement plan or disability benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act.

      2.  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.

      3.  A justice or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 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 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act.

    Sec. 23. 1.  Each justice of the supreme court or district judge who is elected or appointed as a justice of the supreme court 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 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 he is a member of the public employees’ retirement system and elects to remain a member pursuant to section 24 of this act if eligible to do so.

      2.  Each justice of the supreme court or district judge who is elected or appointed as a justice of the supreme court 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 must receive benefits for retirement, benefits for disability and survivor benefits pursuant to either:

      (a) NRS 2.060 to 2.075, inclusive, and section 70 of this act or NRS 3.090 to 3.097, inclusive, and section 75 of this act, as those sections existed on November 5, 2002, if eligible to receive such benefits under such provisions; or

      (b) The judicial retirement plan, if eligible to receive such benefits under the judicial retirement plan,

whichever is most beneficial to the justice or judge or his survivor, as determined by the justice or judge at the time of his retirement or the time at which he becomes disabled, or as determined by his survivor at the time of his death, unless he is a member of the public employees’ retirement system and elects to remain a member pursuant to section 24 of this act 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.


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      3.  A determination made pursuant to subsection 2 is final and if a justice or judge or his survivor 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 2.075, inclusive, and section 70 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act; or

      (b) To receive benefits pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 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 or district judge or survivor of a justice of the supreme court or district judge may receive benefits under both this chapter and:

      (a) NRS 2.060 to 2.075, inclusive, and section 70 of this act; or

      (b) NRS 3.090 to 3.097, inclusive, and section 75 of this act.

      5.  A justice of the supreme court or district judge or a survivor of a justice of the supreme court or district judge who is receiving retirement allowances pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act, on January 1, 2003, is not eligible for transfer to the judicial retirement plan.

      Sec. 24. 1.  A person who is elected or appointed as a justice of the supreme court or district judge on or after November 5, 2002, and takes office on or after January 1, 2003, who is a member of the public employees’ retirement system established pursuant to chapter 286 of NRS on the date that he is elected or appointed may withdraw from the public employees’ retirement system and become a member of the judicial retirement plan if he gives written notice to the board of his 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 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 he has previously been elected or appointed on or after November 5, 2002, and taken office on or after January 1, 2003, while he was a member of the public employees’ retirement system and he did not give notice of his 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 was elected; or

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


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

      6.  No justice of the supreme court or district judge or survivor of a justice of the supreme court or district judge may receive benefits under both this chapter and chapter 286 of NRS.

      7.  A justice of the supreme court or district judge or survivor of a justice of the supreme court 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. 25. 1.  A plan under which all justices of the supreme court and district judges who are elected or appointed for the first time as either a justice of the supreme court or district judge on or after November 5, 2002, and who take office on or after January 1, 2003, and who do not elect to remain in the public employees’ retirement system, if eligible to do so, must 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 or district judge elected or appointed for the first time as either a justice of the supreme court or district judge on or after November 5, 2002, and who takes office on or after January 1, 2003, and who does not elect pursuant to section 24 of this act to remain in the public employees’ retirement system, if eligible to do so, is a member of the judicial retirement plan.

      3.  Benefits are earned pursuant to the judicial retirement plan in the manner set forth in sections 26 to 68, inclusive, of this act.

      Sec. 26.  Except as otherwise required as a result of section 27 of this act:

      1.  A member of the judicial retirement plan who has 5 years of creditable service may, except as otherwise provided in subsection 2, purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.

      2.  A justice or judge may purchase creditable service pursuant to subsection 1 only if, at the time of the purchase, he is employed in a position whose occupant is eligible for membership in the judicial retirement plan.

      3.  A member of the judicial retirement plan may use:

      (a) All or any portion of the balance of his interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); or

      (b) The money contained in an individual retirement account or in an individual retirement annuity of a member, the entire amount of which is:

             (1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); and

             (2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

to purchase creditable service pursuant to subsection 1.

    4.  If a member of the judicial retirement plan enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.


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credit in the proportion that the principal paid bears to the principal due under the agreement.

    Sec. 27. Notwithstanding any other provision of law, the benefits payable to and the contributions made for the benefit of a member of the judicial retirement plan are limited pursuant to the provisions of sections 415(b) and 415(c) of the Internal Revenue Code, 26 U.S.C. §§ 415(b) and 415(c), that apply to governmental plans.

    Sec. 28. Service credit for a member of the judicial retirement plan begins on the day his term of office begins and terminates on the day his term of office expires, unless sooner terminated on the day of his death, resignation or removal from office.

    Sec. 29. Except as otherwise provided in this chapter, a member of the judicial retirement plan must not receive credit in the plan for service that entitled the member to credit for retirement purposes in any other retirement system operated by the federal or a state government, or any of their agencies or political subdivisions, including, without limitation, the Social Security Act.

      Sec. 30.  1.  A member of the judicial retirement plan is eligible to retire at the age of 65 years if he has at least 5 years of service, at the age of 60 years if he has at least 10 years of service and at any age if he has at least 30 years of service.

      2.  Any member of the judicial retirement plan who has the years of creditable service necessary to retire, but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of section 27 of this act, a retirement benefit pursuant to this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

      Sec. 31.  1.  Except as otherwise provided in subsection 4 and sections 32 and 33 of this act, if a retired justice or judge accepts employment as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, he is disqualified from receiving any allowances under the judicial retirement plan for the duration of his 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 or district judge in a judicial capacity pursuant to this section elects not to reenroll in the judicial retirement plan pursuant to subsection 1 of section 32 of this act, the court administrator 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 would pay to the system on behalf of a participating justice or judge who is employed in a similar position.


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pay to the system on behalf of a participating justice or judge who is employed in a similar position.

      4.  The system may waive for one period of 30 days or less a retired justice’s or judge’s disqualification under this section if the chief justice of the supreme court certifies in writing, in advance, that the retired justice or judge is recalled to meet an emergency and that no other qualified person is immediately available.

      Sec. 32.  1.  A retired justice or judge who accepts employment as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, may enroll in the judicial retirement plan as of the effective date of that employment. As of the date of enrollment:

      (a) He forfeits all retirement allowances for the duration of that employment; and

      (b) Except as otherwise required as a result of section 27 or 35 of this act, if the duration of the employment is at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his 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 his original allowance and must be under the same option and designated 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 section 38 of this act.

      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 he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

      (a) Section 39 of this act; and

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

      3.  Except as otherwise required as a result of section 27 or 35 of this act, 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 additional credit for service added to his 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 sections 52 to 67, inclusive, of this act, is eligible for the benefits based on the service accrued through the second period of employment.

      Sec. 33.  1.  The provisions of subsection 1 of section 31 of this act do not apply to a retired justice or judge who accepts employment as a justice of the supreme court or district judge in a judicial capacity if:

      (a) He fills a position for which there is a critical labor shortage; and

      (b) At the time of his reemployment, he is receiving:

             (1) An unmodified benefit; or


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             (2) A benefit actuarially reduced pursuant to subsection 2 of section 30 of this act and has reached the required age at which he could have retired with an unmodified benefit.

      2.  A retired justice or judge who is reemployed under the circumstances set forth in subsection 1 may reenroll in the judicial retirement plan as provided in section 32 of this act.

      3.  The supreme court shall designate positions in the judicial branch of state government for which there are critical labor shortages.

    Sec. 34. Notwithstanding any other provision of law, every distribution to a member of the judicial retirement plan must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code, 26 U.S.C. § 401(a)(9), that apply to governmental plans.

    Sec. 35. Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the judicial retirement plan must not exceed the limitation provided by section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

    Sec. 36. Forfeitures must not be applied to increase the benefits any member of the judicial retirement plan would otherwise receive pursuant to the provisions governing the plan as provided by section 401(a)(8) of the Internal Revenue Code, 26 U.S.C. § 401(a)(8).

      Sec. 37.  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 section 39 of this act or one of the optional plans provided in section 40 of this act;

      (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 section 34 of this act, 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 or district judge who retires pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this act.


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      Sec. 38.  1.  If the spouse of the member of the judicial retirement plan does not consent to the retirement plan chosen by the member before the date on which the retirement becomes effective pursuant to section 37 of this act the system must:

      (a) Notify the spouse that he has 90 days to consent or have the member change his selection; and

      (b) Pay the retirement at the amount calculated for Option 2 provided in section 40 of this act until the spouse consents or for 90 days, whichever is less.

      2.  Upon consent of the spouse or at the end of the 90 days, the retirement benefit must be recalculated and paid under the terms of the option originally selected by the member retroactively to the date on which the retirement became effective.

      Sec. 39.  Except as otherwise required as a result of section 27 or 35 of this act:

      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 his average compensation with his eligibility for service credit ceasing at 22 years of service.

      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.

      Sec. 40.  1.  The alternatives to an unmodified service retirement allowance are as follows:

      (a) Option 2 consists of a reduced service retirement allowance payable monthly during the retired justice’s or judge’s life, with the provision that it continue after his death for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement should the beneficiary survive him.

      (b) Option 3 consists of a reduced service retirement allowance payable monthly during the retired justice’s or judge’s life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement should the beneficiary survive him.

      (c) Option 4 consists of a reduced service retirement allowance payable monthly during the retired justice’s or judge’s life, with the provision that it continue after his death for the life of his beneficiary, whom he nominates by written designation acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years.

      (d) Option 5 consists of a reduced service retirement allowance payable monthly during the retired justice’s or judge’s life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of his beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years.


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      (e) Option 6 consists of a reduced service retirement allowance payable monthly during the retired justice’s or judge’s life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired justice or judge, be paid after his death to the beneficiary for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement, should the beneficiary survive him.

      (f) Option 7 consists of a reduced service retirement allowance payable monthly during the retired justice’s or judge’s life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired justice or judge, be paid after his death to the beneficiary for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of election, should the beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years.

      2.  Post-retirement allowances must be considered a part of a retired justice’s or judge’s monthly benefit and included in the allowance paid to a beneficiary under one of the optional plans set forth in this section.

      Sec. 41.  1.  If a member of the judicial retirement plan enters retirement status under one of the optional plans described in section 40 of this act and the designated beneficiary predeceases the retired justice or judge, the monthly retirement allowance must be automatically adjusted to the unmodified retirement allowance provided in section 39 of this act.

      2.  A retired justice or judge may not change the selected option or designated beneficiary after the effective date of retirement except as otherwise provided in subsection 3 and subsection 3 of section 32 of this act.

      3.  A retired justice or judge may cancel his selected option and designation of beneficiary and revert to the unmodified retirement allowance. He shall make this election by written designation, acknowledged and filed with the board. The written election must be accompanied by a written, notarized acknowledgment of the change by the beneficiary if the beneficiary is the spouse of the retired justice or judge. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired justice or judge respecting community property.

      4.  The termination or adjustment of a monthly retirement allowance resulting from the death of a justice or judge or beneficiary must not become effective until the first day of the month immediately following the death of the retired justice or judge or beneficiary.

    Sec. 42. Each person who receives benefits from the judicial retirement fund pursuant to the system is entitled to receive cost-of-living increases equivalent to those provided for retirees and beneficiaries of the public employees’ retirement system.

    Sec. 43.  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 or district judge who retires under the conditions set forth in section 30 of this act and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer of the board deduct and pay his 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 monthly retirement allowance until:


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ê2001 Statutes of Nevada, 17th Special Session, Page 80 (Chapter 4, AB 4)ê

 

coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:

      (a) He notifies the executive officer of the board to discontinue the deduction; or

      (b) Any of his dependents 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 his 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. 44.  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 current job or any comparable job for which he is qualified by his 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, his employment as a justice of the supreme court or district judge will be terminated because of the disability;

      (b) He is employed as a justice of the supreme court or a district judge at the time of application for disability retirement;

      (c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;

      (d) He 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 he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source; and

      (e) The court administrator 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 section 27 of this act, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in section 39 of this act, 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:

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


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

      3.  A member of the judicial retirement plan may apply for disability retirement even if he 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 section 57 of this act 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 employment is terminated, but within 60 days after his application was approved; or

      (b) Mailed before his 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 his application and the board approves thereafter his application,

his beneficiary 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. 45. The provisions of NRS 286.630, 286.634 and 286.637, concerning disability retirement, apply to a member of the judicial retirement plan who is receiving a disability retirement allowance pursuant to section 44 of this act.

      Sec. 46.  1.  When the recipient of a disability retirement allowance is determined by the board to be no longer disabled, his allowance must be canceled.

      2.  A retired justice or judge who retired on account of disability whose benefit is canceled may:

      (a) Suspend his monthly benefit until eligible for service retirement; or

      (b) Elect a service retirement reduced for his age if he has the service credit necessary to retire.

    Sec. 47. 1.  Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance pursuant to section 44 of this act returns to employment as a justice of the supreme court or district judge, the allowance must be discontinued and his 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 he returns to disability retirement or elects service retirement within 1 year after his return to employment.

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

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


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

    Sec. 48. 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 2.075, inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive, and section 75 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. 49.  1.  Except as otherwise provided in NRS 31A.150 and section 50 of this act and as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the judicial retirement fund, is:

      (a) Exempt from all state, county and municipal taxes;

      (b) Not subject to execution, garnishment, attachment or any other process;

      (c) Not subject to the operation of any bankruptcy or insolvency law;

      (d) Not assignable, by power of attorney or otherwise; and

      (e) Exempt from assessment for the impairment or insolvency of any life or health insurance company.

      2.  The system may withhold money from a benefit when the person applying for or receiving the benefit owes money to the system.

    Sec. 50. 1.  A person may submit a judgment, decree or order of a district court 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 his 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 his designee must be signed by a district judge 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 his 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, social security numbers 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;


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      (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. 51.  1.  Any check for benefits which has not been paid within 5 years after being transferred to the account for unclaimed benefits must be transferred to the judicial retirement fund.

      2.  If, within 6 years after a check for benefits has been transferred pursuant to subsection 1, any person appears and claims the money, the claimant may file a petition in the district court for Carson City stating the nature of his claim, with an appropriate prayer for the relief demanded. A copy of the petition must be served upon the attorney general before or at the time it is filed. Within 20 days after service, the attorney general shall appear in the proceeding and respond to the petition. If, after examining all the facts, the attorney general is convinced that the system has no legal defense against the petition, he may, with the consent of the court, confess judgment on behalf of the system.

      3.  If judgment is not confessed, the petition must be considered at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order. Upon the hearing, the court shall examine into the claim and hear the allegations and proofs. If the court finds that the claimant is entitled to any money transferred pursuant to subsection 1 to the judicial retirement fund, it shall order the board to pay the money forthwith to the claimant, but without interest or cost to the board.

      4.  All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 1 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.

      Sec. 52.  As used in sections 52 to 66, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 53, 54 and 55 of this act have the meanings ascribed to them in those sections.

      Sec. 53.  “Child” means an unmarried person under 18 years of age who is the issue or legally adopted child of a deceased member of the judicial retirement plan. As used in this section, “issue” means the progeny or biological offspring of the deceased member.

      Sec. 54.  “Dependent parent” means the surviving parent of a deceased member of the judicial retirement plan who was dependent upon the deceased member for at least 50 percent of his support for at least 6 months immediately preceding the death of the deceased member.


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    Sec. 55. “Spouse” means the surviving husband or wife of a deceased member of the judicial retirement plan.

    Sec. 56.  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 his death, or if the employee had 10 or more years of creditable service, certain of his dependents are eligible for payments as provided in sections 52 to 66, inclusive, of this act. If the death of the member resulted from a mental or physical condition which required him to leave his position as a justice of the supreme court or district judge or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.

      2.  If the death of a member of the judicial retirement plan occurs while he is on leave of absence for further training and if he met the requirements of subsection 1 at the time his leave began, certain of his dependents are eligible for payments as provided in subsection 1.

      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 his employment, no prior creditable service is required to make his dependents eligible for payments pursuant to sections 52 to 66, inclusive, of this act, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment.

      4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to section 60 of this act.

      Sec. 57.  1.  Each child of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $400 per month, beginning on the first day of the month following the member’s death.

      2.  Except as otherwise provided in subsections 3 and 4, payments to any child cease on the last day of the month of:

      (a) His adoption;

      (b) His death;

      (c) His marriage; or

      (d) His attaining the age of 18 years.

      3.  These benefits may be paid to the child of a deceased member of the judicial retirement plan until the last day of the month of his 23rd birthday if he was, at the time of the member’s death, and continues thereafter to be, a full-time student in any accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      4.  These benefits may be commenced or extended indefinitely beyond a child’s 18th birthday if and so long as he is determined by the system to be:

      (a) Financially dependent; and

      (b) Physically or mentally incompetent.

      5.  All benefits under this section may be paid by the system to the child’s:

      (a) Surviving parent; or

      (b) Legal guardian.

      6.  The board shall establish uniform standards and procedures for determining whether a child is:


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ê2001 Statutes of Nevada, 17th Special Session, Page 85 (Chapter 4, AB 4)ê

 

      (a) A full-time student;

      (b) Financially dependent; and

      (c) Physically or mentally incompetent.

      Sec. 58.  1.  The spouse of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the spouse dies.

      2.  The benefits paid pursuant to this section are in addition to any benefits paid pursuant to section 57 of this act.

      Sec. 59.  1.  The spouse of a deceased member of the judicial retirement plan who had 10 or more years of creditable service is entitled to receive a monthly allowance equivalent to that provided by:

      (a) Option 3 in section 40 of this act, if the deceased member had less than 15 years of service on the date of his death; or

      (b) Option 2 in section 40 of this act, if the deceased member had more than 15 or more years of service on the date of his death.

To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the spouse for the remainder of the spouse’s life.

      2.  The spouse may elect to receive the benefits provided by any one of the following only:

      (a) This section; or

      (b) Section 58 of this act.

    Sec. 60.  An unmarried member of the judicial retirement plan may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to section 61, 62 or 63 of this act if the member is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the executive officer of the board.

      Sec. 61.  1.  The survivor beneficiary of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the survivor beneficiary dies.

      2.  The benefits paid pursuant to this section are in addition to any benefits paid pursuant to section 57 of this act.

      3.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 60 of this act.

      Sec. 62.  1.  The survivor beneficiary of a deceased member of the judicial retirement plan who had 10 or more years of creditable service is entitled to receive a monthly allowance equivalent to that provided by:

      (a) Option 3 in section 40 of this act, if the deceased member had less than 15 years of service on the date of his death; or

      (b) Option 2 in section 40 of this act, if the deceased member had 15 or more years of service on the date of his death.

To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member.


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ê2001 Statutes of Nevada, 17th Special Session, Page 86 (Chapter 4, AB 4)ê

 

the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.

      2.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

      (a) This section; or

      (b) Section 61 of this act.

      3.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 60 of this act.

      Sec. 63.  1.  The survivor beneficiary of a deceased member of the judicial retirement plan who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by Option 2 in section 40 of this act. This section does not apply to the survivor beneficiary of a member who was eligible to retire only pursuant to subsection 2 of section 30 of this act. For the purposes of applying the provisions of Option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to Option 2. The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

      (a) This section;

      (b) Section 61 of this act; or

      (c) Section 62 of this act.

      2.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 60 of this act.

      Sec. 64.  The spouse of a deceased member of the judicial retirement plan who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by Option 2 in section 40 of this act. This section does not apply to the spouse of a member who was eligible to retire only under subsection 2 of section 30 of this act. For the purposes of applying the provisions of Option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under Option 2. The benefits provided by this section must be paid to the spouse for the remainder of the spouse’s life. The spouse may elect to receive the benefits provided by any one of the following only:

      1.  This section;

      2.  Section 58 of this act; or

      3.  Section 59 of this act.

    Sec. 65.  If payments are not made pursuant to the provisions of section 57, 58, 59, 61 or 62 of this act, the dependent parent of a deceased member of the judicial retirement plan is entitled to receive a cumulative benefit of at least $400 per month, and if there are two dependent parents, each is entitled to receive a cumulative benefit of at least $400 per month. Payments to any parent pursuant to this section must cease upon the death of that parent.

      Sec. 66.  The amount of each monthly allowance paid as specified in sections 57 to 65, inclusive, of this act 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:


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ê2001 Statutes of Nevada, 17th Special Session, Page 87 (Chapter 4, AB 4)ê

 

      1.  If that benefit was provided or purchased by the expenditure of money by this state, 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. 67.  1.  The retirement allowance for a member of the judicial retirement plan becomes vested on the date that the member completes 5 years of creditable service.

      2.  Benefits for survivors offered pursuant to this chapter become vested on the date that the member of the judicial retirement plan completes 10 years of creditable service or becomes entitled to begin receiving benefits or on the date of his death, whichever event occurs first.

      3.  Unless otherwise specifically provided by law, any change in the provisions of this chapter is retroactive for all service of any member of the judicial retirement plan before the date of vesting, but no change may impair any vested allowance or benefit.

      4.  Upon the termination or partial termination of the system, all accrued benefits that are funded become 100 percent vested and nonforfeitable.

      Sec. 68. A person who knowingly makes a false statement, certifies to an incorrect document or withholds information for the purpose of receiving or assisting another person in receiving benefits under this chapter to which he is not entitled is guilty of a gross misdemeanor.

      Sec. 69.  NRS 1.365 is hereby amended to read as follows:

      1.365  1.  All of the following claims must be submitted to the [court administrator,] executive officer of the public employees’ retirement board who shall [act as administrative officer in processing] process the claims:

      [1.](a) Claims of justices of the supreme court pursuant to NRS [2.050 and 2.060.

      2.] 2.060.

      (b) Claims pursuant to NRS 2.070 and section 15 of [this act.

      3.] Senate Bill No. 349 of the 71st session of the Nevada Legislature.

      (c) Claims of judges of the district courts pursuant to NRS [3.030 and 3.090.

      4.] 3.090.

      (d) Claims pursuant to NRS 3.095 and section 16 of [this act.] Senate Bill No. 349 of the 71st session of the Nevada Legislature.

      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 district courts under NRS 3.030.

      Sec. 70.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 2.060 to 2.075, inclusive, and section 15 of Senate Bill No. 349 of the 71st session of the Nevada Legislature:

      1.  Apply only to a justice of the supreme court or a surviving spouse or surviving child of a justice of the supreme court 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 section 11 of this act; and

      3.  Are part of the judicial retirement system established pursuant to section 11 of this act.


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ê2001 Statutes of Nevada, 17th Special Session, Page 88 (Chapter 4, AB 4)ê

 

    Sec. 71.  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 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 life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.

    2.  Any justice of the supreme court who has served as a justice 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 life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.

    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 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 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.

    6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement 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 [state controller and the state treasurer] executive officer of the public employees’ retirement board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

    8.  [Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

    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 service pursuant to it.

    Sec. 72.  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 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 his office may retire from office regardless of age.


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ê2001 Statutes of Nevada, 17th Special Session, Page 89 (Chapter 4, AB 4)ê

 

physically or mentally, to perform the duties of his 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 life, the same pension he would receive under NRS 2.060 based on his years of service, but without regard to his age.

    3.  Any justice, or his guardian on his behalf if he 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 his guardian must file with the [state controller and state treasurer] executive officer of the public employees’ retirement board an affidavit setting forth the fact of his retirement and the years he 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 [provided by direct legislative appropriation.] from the judicial retirement administrative fund established pursuant to section 15 of this act.

    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. 73.  NRS 2.070 is hereby amended to read as follows:

    2.070  1.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of $2,500 per month.

    2.  If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he 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 [board, commission or authority entrusted with the administration of the judges’ pensions] 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 post-retirement 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 [any fund created for the purpose of paying pension benefits to justices of the supreme


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ê2001 Statutes of Nevada, 17th Special Session, Page 90 (Chapter 4, AB 4)ê

 

court.] the judicial retirement fund established pursuant to section 13 of this act.

    Sec. 74.  NRS 2.075 is hereby amended to read as follows:

    2.075  1.  Each child of a deceased justice of the supreme court 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 [court administrator] 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 [any fund created for the purpose of paying pension benefits to justices of the supreme court.] the judicial retirement fund established pursuant to section 13 of this act.

    Sec. 75.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 3.090 to 3.097, inclusive, and section 16 of Senate Bill No. 349 of the 71st session of the Nevada Legislature.

      1.  Apply only to a district judge or a surviving spouse or surviving child of a district judge 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 section 11 of this act; and

      3.  Are part of the judicial retirement system established pursuant to section 11 of this act.

    Sec. 76.  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 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 life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.

    2.  Any judge of the district court who has served as a justice of the supreme court 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 life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable [every 2 weeks from money provided by direct legislative appropriation.] monthly from the judicial retirement fund established pursuant to section 13 of this act.

    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 judicial services during the last year thereof, payable as provided in subsection 2.


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ê2001 Statutes of Nevada, 17th Special Session, Page 91 (Chapter 4, AB 4)ê

 

    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 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 post-retirement 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 [state controller and the state treasurer] executive officer of the public employees’ retirement board an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

    8.  [Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

    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 service pursuant to it.

    Sec. 77.  NRS 3.092 is hereby amended to read as follows:

    3.092  1.  A district judge who has served as a district judge 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 his 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 life, the same pension he would receive under NRS 3.090 based on his years of service but without regard to his age.

    3.  Any judge, or his guardian on his behalf if he 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 his guardian must file with the [state controller and the state treasurer] executive officer of the public employees’ retirement board an affidavit setting forth the fact of his retirement and the years he 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 [out of funds provided by direct legislative appropriation.] from the judicial retirement administrative fund established pursuant to section 15 of this act.


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ê2001 Statutes of Nevada, 17th Special Session, Page 92 (Chapter 4, AB 4)ê

 

    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. 78.  NRS 3.095 is hereby amended to read as follows:

    3.095  1.  If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his 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, he is entitled, until his death or remarriage or until he 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 [board, commission or authority entrusted with the administration of the judges’ pensions] executive officer of the public employees’ retirement fund 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 post-retirement 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 [any fund created for the purpose of paying pension benefits to district judges.] the judicial retirement fund established pursuant to section 13 of this act.

    Sec. 79.  NRS 3.097 is hereby amended to read as follows:

    3.097  1.  Each child of a deceased district judge 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 [court administrator] 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 [any fund created for the purpose of paying pension benefits to district judges.] the judicial retirement fund established pursuant to section 13 of this act.

    Sec. 80.  NRS 125.155 is hereby amended to read as follows:

    125.155  Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS or is prohibited by specific statute:

    1.  In determining the value of an interest in or entitlement to a pension or retirement benefit provided by the public employees’ retirement system pursuant to chapter 286 of NRS [,] or the judicial retirement plan established pursuant to section 25 of this act, the court:


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ê2001 Statutes of Nevada, 17th Special Session, Page 93 (Chapter 4, AB 4)ê

 

    (a) Shall base its determination upon the number of years or portion thereof that the contributing party was employed and received the interest or entitlement, beginning on the date of the marriage and ending on the date on which a decree of legal separation or divorce is entered; and

    (b) Shall not base its determination upon any estimated increase in the value of the interest or entitlement resulting from a promotion, raise or any other efforts made by the party who contributed to the interest or entitlement as a result of his continued employment after the date of a decree of legal separation or divorce.

    2.  The court may, in making a disposition of a pension or retirement benefit provided by the public employees’ retirement system [,] or the judicial retirement plan, order that the benefit not be paid before the date on which the participating party retires. To ensure that the party who is not a participant will receive payment for the benefits, the court may:

    (a) On its own motion or pursuant to an agreement of the parties, require the participating party to furnish a performance or surety bond, executed by the participating party as principal and by a corporation qualified under the laws of this state as surety, made payable to the party who is not a participant under the plan, and conditioned upon the payment of the pension or retirement benefits. The bond must be in a principal sum equal to the amount of the determined interest of the nonparticipating party in the pension or retirement benefits and must be in a form prescribed by the court.

    (b) On its own motion or pursuant to an agreement of the parties, require the participating party to purchase a policy of life insurance. The amount payable under the policy must be equal to the determined interest of the nonparticipating party in the pension or retirement benefits. The nonparticipating party must be named as a beneficiary under the policy and must remain a named beneficiary until the participating party retires.

    (c) Pursuant to an agreement of the parties, increase the value of the determined interest of the nonparticipating party in the pension or retirement benefit as compensation for the delay in payment of the benefit to that party.

    (d) On its own motion or pursuant to an agreement of the parties, allow the participating party to provide any other form of security which ensures the payment of the determined interest of the nonparticipating party in the pension or retirement benefit.

    3.  If a party receives an interest in or an entitlement to a pension or retirement benefit which the party would not otherwise have an interest in or be entitled to if not for a disposition made pursuant to this section, the interest or entitlement and any related obligation to pay that interest or entitlement terminates upon the death of either party unless pursuant to:

    (a) An agreement of the parties; or

    (b) An order of the court,

a party who is a participant in the public employees’ retirement system or the judicial retirement plan provides an alternative to an unmodified service retirement allowance pursuant to NRS 286.590 [.] or section 40 of this act.

    Sec. 81.  NRS 154.010 is hereby amended to read as follows:

    154.010  An estate escheats to and is vested in the State of Nevada for educational purposes if any person dies or has died, within this state, seised of any real or personal estate, and leaving no heirs, representatives or devisees capable of inheriting or holding the estate, and in all cases where there is no owner of the estate capable of holding it. Any balance remaining in a retired employee’s or beneficiary’s individual account under the public employees’ retirement system or the judicial retirement system established pursuant to sections 2 to 68, inclusive, of this act is not an estate within the meaning of this chapter.


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employees’ retirement system or the judicial retirement system established pursuant to sections 2 to 68, inclusive, of this act is not an estate within the meaning of this chapter.

    Sec. 82.  NRS 218.5373 is hereby amended to read as follows:

    218.5373  1.  There is hereby created an interim retirement and benefits committee of the legislature to review the operation of the public employees’ retirement system , the judicial retirement system established pursuant to sections 2 to 68, inclusive, of this act and the public employees’ benefits program and to make recommendations to the public employees’ retirement board and the board of the public employees’ benefits program, the legislative commission and the legislature. The interim retirement and benefits committee consists of six members appointed as follows:

    (a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom are appointed by the majority leader of the senate.

    (b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom are appointed by the speaker of the assembly.

    2.  The immediate past chairman of the senate standing committee on finance is the chairman of the interim retirement and benefits committee for the period ending with the convening of each odd-numbered session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim retirement and benefits committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.

    3.  The interim retirement and benefits committee may exercise the powers conferred on it by law only when the legislature is not in regular or special session and shall meet at the call of the chairman.

    4.  The director of the legislative counsel bureau shall provide a secretary for the interim retirement and benefits committee.

    5.  The members of the interim retirement and benefits committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218.2207 for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, compensation and travel expenses of the members of the committee must be paid from the legislative fund.

    Sec. 83.  NRS 286.230 is hereby amended to read as follows:

    286.230  1.  The board shall establish a fund known as the public employees’ retirement administrative fund in which must be deposited all administrative fees.

    2.  The board shall fix an administrative fee per capita sufficient to pay the operating expense of the system. Except as otherwise provided by NRS 218.23745 [,] and section 15 of this act, the system shall transfer monthly from the respective retirement funds to the public employees’ retirement administrative fund the amount of the per capita fee multiplied by the combined number of members and persons receiving allowances from that fund.

    3.  The board may establish a separate and additional administrative fee for police officers and firemen and their public employers to pay the additional expense of maintaining a separate fund and to pay the actual and necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemen’s retirement fund advisory committee.


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ê2001 Statutes of Nevada, 17th Special Session, Page 95 (Chapter 4, AB 4)ê

 

necessary travel expenses and other expenses, within the limits established by the board, for meetings of the police and firemen’s retirement fund advisory committee.

    Sec. 84.  NRS 287.023 is hereby amended to read as follows:

    287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 or section 30 or 44 of this act and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage or join the public employees’ benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

    2.  A retired person who continues coverage under the public employees’ benefits program shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the public employees’ benefits program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees’ retirement system to continue coverage.

    3.  Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the public employees’ benefits program, as the case may be.

    4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

    Sec. 85.  NRS 287.0235 is hereby amended to read as follows:

    287.0235  1.  Notwithstanding the provisions of NRS 287.023 and 287.045, a person or the surviving spouse of a person who did not, at the time of his retirement pursuant to the conditions set forth in NRS 286.510 or 286.620, or section 30 or 44 of this act, have the option to participate in the public employees’ benefits program may join the public employees’ benefits program, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., by:

    (a) Providing the public employees’ retirement board with written notice of his intention to enroll in the public employees’ benefits program during a period of open enrollment;


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ê2001 Statutes of Nevada, 17th Special Session, Page 96 (Chapter 4, AB 4)ê

 

    (b) Showing evidence of his good health as a condition of enrollment;

    (c) Accepting the current plan of insurance of the public employees’ benefits program and any subsequent changes to the plan; and

    (d) Paying any portion of the premiums or contributions for the program in the manner set forth in NRS 286.615 [,] or section 43 of this act, which are due after the date of enrollment.

The public employees’ retirement board shall, beginning on September 1, 1997, have a biennial period of open enrollment between September 1 of each odd-numbered year and January 31 of each even-numbered year during which eligible retired persons may join the public employees’ benefits program pursuant to this section.

    2.  The public employees’ retirement board shall, on or before September 1, 1997, and every September 1 of each odd-numbered year thereafter, notify eligible retired persons described in subsection 1 of the period of open enrollment by:

    (a) Mailing a notice regarding the period of open enrollment to all retired persons who are, according to its records, eligible to join the public employees’ benefits program;

    (b) Posting a notice of the period of open enrollment at its principal office and at least three other separate prominent places, such as a library, community center or courthouse; and

    (c) Publicizing the period of open enrollment in any other manner reasonably calculated to inform additional eligible retired persons.

    3.  The public employees’ retirement board shall notify the board of the public employees’ benefits program of the enrollment of any person on or before March 1 immediately following the period of open enrollment. The board of the public employees’ benefits program shall approve or disapprove the request for enrollment within 90 days after receipt of the request. Enrollment shall be deemed to occur on the day the request is approved.

    4.  Enrollment in the public employees’ benefits program pursuant to this section excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before enrollment unless:

    (a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after enrollment; or

    (b) The insurance coverage has been in effect more than 12 consecutive months.

    Sec. 86.  NRS 287.045 is hereby amended to read as follows:

    287.045  1.  Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

    2.  Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:

    (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

    (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.


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ê2001 Statutes of Nevada, 17th Special Session, Page 97 (Chapter 4, AB 4)ê

 

    3.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the program, and every officer or employee who commences his employment after that date, is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

    4.  Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.

    5.  An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 or section 30 or 44 of this act and was not participating in the program at the time of his retirement is eligible to participate in the program 60 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.

    6.  Notwithstanding the provisions of subsections 1, 3 and 4, if the board does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to 689B.600, inclusive, and section 3 of [this act] Assembly Bill No. 452 of the 71st session of the Nevada Legislature and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.

    Sec. 87.  NRS 287.046 is hereby amended to read as follows:

    287.046  1.  Except as otherwise provided in subsection 6, any state or other participating officer or employee who elects to participate in the program may participate, and the department, agency, commission or public agency that employs the officer or employee shall pay the state’s share of the cost of the premiums or contributions for the program from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the program must authorize deductions from their compensation for the payment of premiums or contributions for the program.

    2.  The department of personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for the program for persons retired from the service of the state who have continued to participate in the program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:

    (a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.


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ê2001 Statutes of Nevada, 17th Special Session, Page 98 (Chapter 4, AB 4)ê

 

    (b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 286.300 [,] or section 26 of this act, of the base amount provided by law for that fiscal year.

    3.  If the amount calculated pursuant to subsection 2 exceeds the actual premium or contribution for the plan of the program that the retired participant selects, the balance must be credited to the fund for the public employees’ benefits program created pursuant to NRS 287.0435.

    4.  For the purposes of subsection 2:

    (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

    (b) No proration may be made for a partial year of service.

    5.  The department shall agree through the board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the program after his death.

    6.  A senator or assemblyman who elects to participate in the program shall pay the entire premium or contribution for his insurance.

    Sec. 88.  NRS 287.0475 is hereby amended to read as follows:

    287.0475  1.  A public employee who has retired pursuant to NRS 286.510 or 286.620 or section 30 or 44 of this act, or a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010 or 287.020 or the program as a public employee by:

    (a) Giving written notice of his intent to reinstate the insurance to the employee’s last public employer not later than January 31, of an even-numbered year;

    (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

    (c) Paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 286.615 [,] or section 43 of this act, which are due from the date of reinstatement and not paid by the public employer.

The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.

    2.  Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 6 months before reinstatement unless:

    (a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or

    (b) The reinstated insurance has been in effect more than 12 consecutive months.

    Sec. 89. Section 31 of this act is hereby amended to read as follows:

       Sec. 31.  1.  Except as otherwise provided in subsection 4 and [sections 32 and 33] section 32 of this act, if a retired justice or judge accepts employment as a justice of the supreme court or district judge in any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, he is disqualified from receiving any allowances under the judicial retirement plan for the duration of his active service.


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ê2001 Statutes of Nevada, 17th Special Session, Page 99 (Chapter 4, AB 4)ê

 

any judicial capacity, including, without limitation, employment as a senior justice or senior judge of the Nevada court system, he is disqualified from receiving any allowances under the judicial retirement plan for the duration of his 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 or district judge in a judicial capacity pursuant to this section elects not to reenroll in the judicial retirement plan pursuant to subsection 1 of section 32 of this act, the court administrator 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 would pay to the system on behalf of a participating justice or judge who is employed in a similar position.

       4.  The system may waive for one period of 30 days or less a retired justice’s or judge’s disqualification under this section if the chief justice of the supreme court certifies in writing, in advance, that the retired justice or judge is recalled to meet an emergency and that no other qualified person is immediately available.

    Sec. 90.  Section 4 of Senate Bill No. 349 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 4.1.  Except as limited by subsection 3, the survivor beneficiary of a deceased member who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:

      (a) Option 3 in NRS 286.590, if the deceased member had less than 15 years of service on the date of his death; or

      (b) Option 2 in NRS 286.590, if the deceased member had 15 or more years of service on the date of his death.

To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.

      2.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

      (a) This section;

      (b) Section 3 of this act; or

      (c) Section 6 of this act.

      3.  The benefits provided by paragraph (a) of subsection 1 may only be paid to the survivor beneficiary of a member who died on or after January 1, 2002.

      4.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.


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ê2001 Statutes of Nevada, 17th Special Session, Page 100 (Chapter 4, AB 4)ê

 

    Sec. 91. Section 15 of Senate Bill No. 349 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 15.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  An unmarried justice of the supreme court may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the justice is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

       2.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

       3.  If a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

       4.  To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

       5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement 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 any fund created for the purpose of paying pension benefits to justices of the supreme court.

    Sec. 92. Section 15 of Senate Bill No. 349 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 15.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  An unmarried justice of the supreme court may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the justice is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

       2.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.


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ê2001 Statutes of Nevada, 17th Special Session, Page 101 (Chapter 4, AB 4)ê

 

years, is entitled, until his death, to receive monthly payments of $2,500 per month.

       3.  If a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

       4.  To obtain these benefits, the survivor beneficiary must make application to the [board, commission or authority entrusted with the administration of the judges’ pensions] 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.

       5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement 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 [any fund created for the purpose of paying pension benefits to justices of the supreme court.] the judicial retirement fund established pursuant to section 13 of Assembly Bill No. 4 of the 17th special session of the Nevada Legislature.

      Sec. 93.  Section 16 of Senate Bill No. 349 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 16.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  An unmarried district judge may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the judge is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

      2.  If a district judge at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 3.090, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

      3.  If a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

      4.  To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions 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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ê2001 Statutes of Nevada, 17th Special Session, Page 102 (Chapter 4, AB 4)ê

 

      5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement 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 any fund created for the purpose of paying pension benefits to district judges.

      Sec. 94. Section 16 of Senate Bill No. 349 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 16.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  An unmarried district judge may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to this section if the judge is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the court administrator.

       2.  If a district judge at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 3.090, the survivor beneficiary designated pursuant to subsection 1, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

       3.  If a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 2, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

       4.  To obtain these benefits, the survivor beneficiary must make application to the [board, commission or authority entrusted with the administration of the judges’ pensions] executive officer of the public employees’ retirement fund and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

       5.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement 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 [any fund created for the purpose of paying pension benefits to district judges.] the judicial retirement fund established pursuant to section 13 of Assembly Bill No. 4 of the 17th special session of the Nevada Legislature.

      Sec. 95. NRS 286.305 and 286.307 are hereby repealed.

      Sec. 96.  The amendatory provisions of this act do not apply to offenses committed in violation of section 68 of this act before January 1, 2003.


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ê2001 Statutes of Nevada, 17th Special Session, Page 103 (Chapter 4, AB 4)ê

 

      Sec. 97.  1.  From January 1, 2003, through June 30, 2003, the court administrator shall submit to the judicial retirement system for deposit in the judicial retirement fund created pursuant to section 13 of this act on behalf of each member of the judicial retirement system 25.6 percent of the compensation of the member. Such payments must be:

      (a) Deposited in the fund;

      (b) Accompanied by payroll reports that include information deemed necessary by the public employees’ retirement board to carry out its duties; and

      (c) Received by the judicial retirement system not later than 15 days after the calendar month for which the compensation and service credits of members of the judicial retirement system are reported and certified by the court administrator. The compensation must be reported separately for each month that it is paid.

      2.  As used in this section, “compensation” means the salary paid to a justice of the supreme court or district judge by this state 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 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.

      3.  The term “compensation” does not include any type of payment not specifically described in subsection 2.

      Sec. 98.  There is hereby appropriated from the state general fund to the judicial retirement fund created pursuant to section 13 of this act the sum of $5,000,000 for funding the unfunded accrued liability for active members of the judicial retirement system and for partial payments needed to fund the unfunded liability for the inactive justices of the supreme court and district judges.

      Sec. 99.  1.  This section and sections 13, 90, 91, 93 and 98 of this act become effective upon passage and approval.

      2.  Sections 1 to 12, inclusive, 14 to 88, inclusive, 92, and 94 to 97, inclusive, of this act become effective on January 1, 2003.

      3.  Section 33 of this act expires by limitation on June 30, 2005.

      4.  Section 89 of this act becomes effective on July 1, 2005.

________

 


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ê2001 Statutes of Nevada, 17th Special Session, Page 104ê

 

CHAPTER 5, AB 6

Assembly Bill No. 6–Joint Rules Committee

 

CHAPTER 5

 

AN ACT relating to public highways; directing the Department of Transportation, Clark County and the City of Las Vegas to conduct certain assessments concerning the need for the abatement of traffic noise; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Department of Transportation and Clark County shall conduct a study of the abatement of traffic noise in Clark County. The study must include an assessment of the need for the abatement of traffic noise on both sides of U.S. Interstate No. 515 from Charleston Boulevard to Russell Road.

      2.  The Department of Transportation and the City of Las Vegas shall conduct an assessment of the need for the abatement of traffic noise along those sections of U.S. Interstate No. 515 and U.S. Interstate No. 95 that lie within the boundaries of the City of Las Vegas.

      3.  The results of the assessments conducted pursuant to this section must be reported to the Director of the Legislative Counsel Bureau on or before February 1, 2003, for transmittal to the 72nd session of the Legislature. Each report must include a plan for the abatement of traffic noise, including the construction of sound barriers where required.

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

________

 

CHAPTER 6, AB 9

Assembly Bill No. 9–Joint Rules Committee

 

CHAPTER 6

 

AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this state; providing for the use of the proceeds if the issue is approved; creating the fund to protect natural resources; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  At the general election to be held on November 5, 2002, there must be submitted to the voters of this state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the state to protect, preserve and obtain the benefits of the property and natural resources of this state in an amount not to exceed $200,000,000. If the proposal is carried, the bonds may be issued at one time or from time to time, and the Legislature shall levy such tax as may be necessary to pay the principal of and interest on the bonds. The proceeds of such tax together with any other amounts appropriated to pay the principal of and interest on the bonds when due must be deposited in the consolidated bond interest and redemption fund.


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ê2001 Statutes of Nevada, 17th Special Session, Page 105 (Chapter 6, AB 9)ê

 

bonds when due must be deposited in the consolidated bond interest and redemption fund.

      Sec. 2.  Except as otherwise provided in subsection 9 of section 3 of this act, of the total bond issue, if approved pursuant to section 1 of this act:

      1.  An amount of $27,000,000 must be allocated to the Division of State Parks of the State Department of Conservation and Natural Resources to protect and preserve the property or natural resources of this state or to obtain the benefits thereof for the following purposes:

      (a) For the acquisition of real or personal property or interests in real or personal property for purposes related to parks and recreation; or

      (b) To support extraordinary capital improvements and renovations of facilities in state parks.

      2.  An amount of $27,500,000 must be allocated to the Division of Wildlife of the State Department of Conservation and Natural Resources for the following purposes:

      (a) For the acquisition of real or personal property or interests in real or personal property to enhance, protect, and manage wildlife and wildlife habitat or enhance recreational opportunities related to wildlife, or both; or

      (b) For the development and renovation of facilities or the improvement of existing habitats for fish and other wildlife.

      3.  An amount of $25,000,000 must be allocated to the Las Vegas Springs Preserve in Clark County for the following purposes:

      (a) Planning, development and design of the preserve;

      (b) Providing wildlife habitat;

      (c) Constructing buildings and other facilities for the preserve; or

      (d) Providing other infrastructure for the preserve.

The Las Vegas Springs Preserve shall match the allocation made pursuant to this subsection with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of each project that is completed pursuant to this subsection.

      4.  An amount of $10,000,000 must be allocated to Clark County to develop a county regional wetlands park at the Las Vegas Wash. The money allocated pursuant to this paragraph must be used to:

      (a) Divert water, control erosion and make improvements to restore the existing wetlands, and to create new wetlands;

      (b) Acquire and develop land and water rights;

      (c) Provide recreational facilities; and

      (d) Provide parking for and access to the park.

Clark County shall match the allocation made pursuant to this subsection with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of each project that is completed pursuant to this subsection.

      5.  An amount of $35,000,000 must be allocated to the Department of Cultural Affairs to establish at the Las Vegas Springs Preserve a museum to provide exhibits and education regarding the natural resources, history and cultural heritage of this state. The money allocated pursuant to this subsection must be used for:

      (a) The planning and design of the museum;

      (b) Construction of the museum;

      (c) Moving exhibits from other locations to the museum; or

      (d) Creating new exhibits.


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ê2001 Statutes of Nevada, 17th Special Session, Page 106 (Chapter 6, AB 9)ê

 

      6.  An amount of $10,000,000 must be allocated to Washoe County to enhance and restore the Truckee River corridor. The money allocated pursuant to this subsection must be used to:

      (a) Acquire and develop land and water rights;

      (b) Provide recreational facilities;

      (c) Provide parking for and access to and along the river; or

      (d) Restore the Truckee River corridor.

Washoe County shall match the allocation made pursuant to this subsection with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of each project that is completed pursuant to this subsection.

      7.  An amount of $65,500,000 must be allocated to the State Department of Conservation and Natural Resources to be administered by the Division of State Lands to carry out the purposes set forth in this subsection. The money allocated pursuant to this subsection must be used for the following purposes:

      (a) To make grants in the following amounts:

             (1) An amount of $7,250,000 to state agencies, counties, municipalities or private nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Administrator of the Division of State Lands pursuant to this subsection, as appropriate, for the construction of recreational trails, including, without limitation, hiking, equestrian and bicycle trails. The award of grants pursuant to this subparagraph must be coordinated with the Division of State Parks.

             (2) An amount of $5,000,000 to state agencies, counties, municipalities or private nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Administrator of the Division of State Lands pursuant to this subsection, as appropriate, for the acquisition of land and water or interests in land and water for urban parks and greenbelts. Programs and projects paid for by grants made pursuant to this subparagraph must be for the protection and preservation of the property and natural resources of this state, or for the purposes of obtaining the benefits thereof. The award of grants pursuant to this subparagraph must be coordinated with the Division of State Parks.

             (3) An amount of $3,000,000 to state agencies, counties whose population is less than 100,000 or municipalities located within those counties, as appropriate, for the development of habitat conservation plans. The making of grants pursuant to this subparagraph must be coordinated with the Division of Wildlife and the Nevada Natural Heritage Program.

             (4) An amount of $250,000 to counties whose population is less than 100,000 and municipalities located within those counties for the development and adoption of plans for open spaces.

             (5) An amount of $20,000,000 to counties and municipalities for the acquisition of land and water or interests in land and water to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources pursuant to an adopted plan for open spaces. Grants made pursuant to this subparagraph must require:

                   (I) In a county whose population is 100,000 or more, that the county or municipality which receives the grant matches the grant with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the acquisition.


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ê2001 Statutes of Nevada, 17th Special Session, Page 107 (Chapter 6, AB 9)ê

 

                   (II) In a county whose population is less than 100,000, that the county or municipality which receives the grant matches the grant with an amount of money or value of services, material or equipment that is equal to 25 percent of the amount of the grant.

             (6) An amount of $10,000,000 for grants to Churchill County, Douglas County, Lyon County or Carson City and municipalities located within those counties to enhance and restore the Carson River corridor. Grants made pursuant to this subparagraph must require that the county or municipality which receives the grant match the grant with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the project for which the grant is awarded. Money awarded for grants pursuant to this subparagraph must be used to:

                   (I) Acquire and develop land and water rights;

                   (II) Provide recreational facilities;

                   (III) Provide parking for and access to and along the river; or

                   (IV) Restore the Carson River corridor.

             (7) An amount of $5,000,000 for grants to Douglas County, Washoe County or Carson City and municipalities located within those counties to enhance and develop the Lake Tahoe Path System. Grants made pursuant to this subparagraph must require that the county or municipality which receives the grant match the grant with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the project for which the grant is awarded. Money awarded for grants pursuant to this subparagraph must be used to:

                   (I) Acquire land for the path system; or

                   (II) Develop the path system.

      (b) An amount of $15,000,000 to carry out contracts or agreements under which nonprofit conservation organizations may acquire land and water or interests in land and water for the public benefit, to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, floodplains and wetlands and other environmental resources. Any money provided by the Division of State Lands pursuant to this paragraph must be matched by an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the acquisition. The investment of this state in any property acquired pursuant to this paragraph must be secured by an interest in the property.

The Administrator of the Division of State Lands may adopt such regulations as the Administrator determines are necessary to carry out the programs and projects and make the grants described in this subsection. The regulations adopted by the Administrator must state whether and to what degree applicants for grants must match any money awarded.

      Sec. 3.  1.  The fund to protect natural resources is hereby created in the state general fund. The Director of the Department of Conservation and Natural Resources shall administer the fund and prescribe the method pursuant to which the governmental entities which administer the programs and projects described in section 2 of this act may request money from the fund in accordance with the allocations made pursuant to that section.

      2.  The proceeds of any bonds issued pursuant to section 1 of this act, after deducting any applicable charges, must be deposited in the fund.


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ê2001 Statutes of Nevada, 17th Special Session, Page 108 (Chapter 6, AB 9)ê

 

    3.  Any interest or income earned on the money in the fund must be credited to the fund. Any money remaining in the fund at the end of the fiscal year does not revert to the general fund but remains in the fund for authorized expenditure.

    4.  All claims against the fund must be paid as other claims against the state are paid.

    5.  The State Department of Conservation and Natural Resources may use the proceeds from the bonds issued pursuant to section 1 of this act and the interest income thereon to defray the costs of administering the provisions of this act and may request an appropriation to defray the costs of administering this act if the money in the fund is not sufficient. The money in the fund must be used only for the purposes set forth in this act and must not be used to replace or supplant funding available from other sources.

    6.  Any interests in land or water acquired by the state pursuant to this act:

    (a) Must be acquired and held by the Division of State Lands pursuant to chapter 321 of NRS.

    (b) Must not be acquired by condemnation or the power of eminent domain.

The acquisition of any water rights pursuant to this act must not have a negative impact on the distribution of water to other persons who hold valid water rights.

    7.  Any property acquired pursuant to the provisions of this act may include easements and other interests in land. Before acquiring any interest in land pursuant to this act, recipients of money pursuant to this act must consider such alternatives to the acquisition of fee simple title as may be available, including, without limitation, the acquisition of easements and remainders after life estates.

    8.  If any interests in land or water acquired by the state pursuant to this act, or portions thereof, are later determined not to be necessary to carry out the purposes of the act, those interests may be sold or leased by the Division of State Lands pursuant to chapter 321 of NRS and the proceeds deposited in the fund to protect natural resources. The proceeds received from such transactions must be expended to carry out the purposes of this act.

    9.  Money may be reallocated among the purposes set forth in each subsection of section 2 of this act with the advance approval of the Interim Finance Committee.

    10.  The Interim Finance Committee must approve the issuance of any bonds issued pursuant to this act if the proceeds of which will be used for the purposes set forth in paragraph (a) of subsection 7 of section 2 of this act.

    Sec. 4.  The Legislature finds and declares that the issuance of bonds pursuant to this act, except the use of the proceeds of those bonds pursuant to subsections 3 and 5 of section 2 of this act and subparagraph (5) of paragraph (a) of subsection 7 of section 2 of this act and paragraph (b) of subsection 7 of section 2 of this act:

    1.  Is necessary for the protection and preservation of the property and natural resources of this state and for the purpose of obtaining the benefits thereof; and

    2.  Constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.


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ê2001 Statutes of Nevada, 17th Special Session, Page 109 (Chapter 6, AB 9)ê

 

    Sec. 5.  To the extent not inconsistent with the provisions of this act, the provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the bonds issued pursuant to this act.

    Sec. 6.  Notwithstanding the provisions of NRS 361.453 to the contrary, any levy imposed by the legislature for the repayment of bonded indebtedness issued pursuant to the provisions of this act must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

    Sec. 7.  If any provision of this act, or application thereof to any person, thing or circumstance, is held invalid, the invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

________

 

CHAPTER 7, AB 10

Assembly Bill No. 10–Joint Rules Committee

 

CHAPTER 7

 

AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; providing for an adjustment to the base allocation of certain local governments; extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 360.680 is hereby amended to read as follows:

    360.680  1.  On or before July 1 of each year, the executive director shall allocate to each enterprise district an amount equal to the amount that the enterprise district received from the account in the immediately preceding fiscal year.

    2.  Except as otherwise provided in NRS 360.690 and 360.730, the executive director, after subtracting the amount allocated to each enterprise district pursuant to subsection 1, shall allocate to each local government or special district which is eligible for an allocation from the account pursuant to NRS 360.670 an amount from the account that is equal to the amount allocated to the local government or special district for the preceding fiscal year , minus any excess amount allocated pursuant to subsection 4 of NRS 360.690, multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.

    Sec. 2. NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.


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ê2001 Statutes of Nevada, 17th Special Session, Page 110 (Chapter 7, AB 10)ê

 

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the sum of:

                   (I) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the sum of the [:

             (I) Percentage] average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [; and

             (II) Average] , and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (II) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the sum of the average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285, except as otherwise provided in subsection 6, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and


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ê2001 Statutes of Nevada, 17th Special Session, Page 111 (Chapter 7, AB 10)ê

 

         (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the sum of:

                   (I) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

             (II) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

         (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3.

 


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ê2001 Statutes of Nevada, 17th Special Session, Page 112 (Chapter 7, AB 10)ê

 

subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:

    (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

    (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

    9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

    Sec. 3.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made.


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ê2001 Statutes of Nevada, 17th Special Session, Page 113 (Chapter 7, AB 10)ê

 

percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the sum of:

                   (I) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the sum of the [:

             (I) Percentage] average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [; and

             (II) Average] , and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (II) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the sum of the average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285, except as otherwise provided in subsection 6, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

         (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the sum of:

                   (I) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and


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ê2001 Statutes of Nevada, 17th Special Session, Page 114 (Chapter 7, AB 10)ê

 

attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

             (II) Fifty percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

         (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.


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ê2001 Statutes of Nevada, 17th Special Session, Page 115 (Chapter 7, AB 10)ê

 

population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:

    (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

    (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

    9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

    Sec. 4.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

    2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

    3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

    4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

    (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the sum of:


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             (I) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the sum of the [:

             (I) Percentage] average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [; and

             (II) Average] , and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (II) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the sum of the average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285, except as otherwise provided in subsection 6, and the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

         (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

    (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the sum of:

                   (I) Seventy-five percent of the amount allocated pursuant to NRS 360.680 multiplied by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

             (II) Twenty-five percent of the amount allocated pursuant to NRS 360.680 multiplied by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

         (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.


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total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

    5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

    (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

    (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

    6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

    (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

    (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.


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      8.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

      (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

      Sec. 5. NRS 360.690 is hereby amended to read as follows:

      360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

      2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

      3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

      4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [one plus] the sum of the:

                   (I) [Percentage] Average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and


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ê2001 Statutes of Nevada, 17th Special Session, Page 119 (Chapter 7, AB 10)ê

 

as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [one plus] the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

      (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

      (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.


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ê2001 Statutes of Nevada, 17th Special Session, Page 120 (Chapter 7, AB 10)ê

 

allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

      6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

      (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

      7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

      8.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

      (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

      Sec. 6.  Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:

       Sec. 9.  This act becomes effective on July 1, 1997, and expires by limitation on July 1, [2001.] 2005.

      Sec. 7.  For the fiscal year beginning on July 1, 2001, the executive director of the department of taxation shall increase the amount that would otherwise be allocated to the City of Henderson pursuant to NRS 360.680 by $4,000,000 and that amount must be included in the calculation of all future allocations.

      Sec. 8.  The advisory committee to the legislative committee to study the distribution among local governments of revenue from state and local taxes created pursuant to subsection 2 of NRS 218.53881 shall conduct a study of the effects of the formula for the distribution of certain revenues among local governments set forth in NRS 360.600 to 360.740, inclusive, and the amendatory provisions of this act. The advisory committee shall report its findings to the legislative committee to study the distribution among local governments of revenue from state and local taxes on or before October 1, 2002.

      Sec. 9.  The legislature hereby finds and declares that the provisions of section 7 of this act are necessary to correct certain discrepancies in the formula for the distribution of certain revenues set forth in section 35 of chapter 660, Statutes of Nevada 1997, as that formula relates to the region of this state encompassed generally by Clark County and the unique patterns of growth that exist in that region, and therefore a general law cannot be made applicable.


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this state encompassed generally by Clark County and the unique patterns of growth that exist in that region, and therefore a general law cannot be made applicable.

      Sec. 10. Section 83 of Senate Bill No. 425 of the 71st session of the Nevada Legislature is hereby repealed.

      Sec. 11.  1.  This section and sections 7, 9 and 10 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 6, and 8 of this act become effective on July 1, 2001.

      3.  Section 2 of this act expires by limitation on June 30, 2002.

      4.  Section 3 of this act becomes effective on July 1, 2002, and expires by limitation on June 30, 2003.

      5.  Section 4 of this act becomes effective on July 1, 2003, and expires by limitation on June 30, 2004.

      6.  Section 5 of this act becomes effective on July 1, 2004.

________

 

CHAPTER 8, AB 11

Assembly Bill No. 11–Joint Rules Committee

 

CHAPTER 8

 

AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 4.373 is hereby amended to read as follows:

    4.373  1.  Except as otherwise provided in subsection 2, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

    (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

    (b) Engage in a program of [work for the benefit of the community,] community service, for not more than 200 hours;

    (c) Actively participate in a program of professional counseling at the expense of the offender;

    (d) Abstain from the use of alcohol and controlled substances;

    (e) Refrain from engaging in any criminal activity;

    (f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

    (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

    (h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.


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    2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

    (a) A program of treatment for the abuse of alcohol or drugs which is certified by the health division of the department of human resources;

    (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

    (c) The programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension ordered by the justice of the peace.

    3.  The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

    4.  The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

    Sec. 2.  NRS 5.055 is hereby amended to read as follows:

    5.055  1.  Except as otherwise provided in subsection 2, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:

    (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

    (b) Engage in a program of [work for the benefit of the community,] community service, for not more than 200 hours;

    (c) Actively participate in a program of professional counseling at the expense of the offender;

    (d) Abstain from the use of alcohol and controlled substances;

    (e) Refrain from engaging in any criminal activity;

    (f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;

    (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

    (h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

    2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

    (a) A program of treatment for the abuse of alcohol or drugs which is certified by the health division of the department of human resources;

    (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or


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ê2001 Statutes of Nevada, 17th Special Session, Page 123 (Chapter 8, AB 11)ê

 

    (c) The programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension ordered by the municipal judge.

    3.  The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

    4.  The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

    Sec. 3. NRS 33.100 is hereby amended to read as follows:

    33.100  1.  A person who violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:

    (a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of 200 hours of [work for the community;] community service;

    (b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;

    (c) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorney’s fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and any minor child incurred as a result of the violent physical act; and

    (d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

    2.  The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.

    Sec. 4.  NRS 48.061 is hereby amended to read as follows:

    48.061  Evidence of domestic violence as defined in NRS 33.018 and expert testimony concerning the effect of domestic violence on the beliefs, behavior and perception of the person alleging the domestic violence is admissible in chief and in rebuttal, when determining:

    1.  Whether a person is excepted from criminal liability pursuant to subsection [7] 6 of NRS 194.010, to show the state of mind of the defendant.

    2.  Whether a person in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.

    Sec. 5.  NRS 62.129 is hereby amended to read as follows:

    62.129  1.  A child alleged to be delinquent or in need of supervision may be placed under the informal supervision of a probation officer if the child voluntarily admits his participation in the acts for which he was referred to the probation officer. If any of the acts would constitute a gross misdemeanor or felony if committed by an adult, the child may not be placed under informal supervision unless the district attorney approves of the placement in writing. The probation officer must advise the child and his parent, guardian or custodian that they may refuse informal supervision.

    2.  An agreement for informal supervision must be entered into voluntarily and intelligently by the child with the advice of his attorney, or by the child with the consent of a parent, guardian or custodian if the child is not represented by counsel.


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not represented by counsel. The period of informal supervision must not exceed 180 days. The terms of the agreement must be clearly stated in writing and signed by all parties. A copy of the agreement must be given to the child, the attorney for the child, if any, the child’s parent, guardian or custodian, and the probation officer, who shall retain a copy in his file for the case. The child and his parent, guardian or custodian may terminate the agreement at any time and request the filing of a petition for formal adjudication.

    3.  An agreement for informal supervision may require a child to:

    (a) Perform [public] community service or provide restitution to any victim of the acts for which the child was referred to the probation officer;

    (b) Participate in a program of restitution through work that is established pursuant to NRS 62.2185 if the child:

         (1) Is 14 years of age or older;

         (2) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

         (3) Is required to provide restitution to a victim; and

         (4) Voluntarily agrees to participate in the program of restitution through work;

    (c) Complete a program of cognitive training and human development pursuant to NRS 62.2195 if:

         (1) The child has never been found to be within the purview of this chapter; and

         (2) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim; or

    (d) Engage in any combination of the activities set forth in paragraphs (a), (b) and (c).

    4.  If an agreement for informal supervision requires a child to participate in a program of restitution through work as set forth in paragraph (b) of subsection 3 or complete a program of cognitive training and human development as set forth in paragraph (c) of subsection 3, the agreement may also require any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program or performs work, and in the case of a program of restitution through work, for industrial insurance, unless the industrial insurance is provided by the employer for which the child performs the work; or

    (b) The child to work on projects or perform [public] community service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

    5.  If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.


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reasonable terms of the agreement constitute grounds for the court to dismiss the petition.

    6.  A probation officer shall file annually with the court a report of the number of children placed under informal supervision during the previous year, the conditions imposed in each case and the number of cases that were successfully completed without the filing of a petition.

    Sec. 6.  NRS 62.211 is hereby amended to read as follows:

    62.211  1.  Except as otherwise provided in this chapter, if the court finds that a child is within the purview of this chapter, it shall so decree and may:

    (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

    (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

    (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

    (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

    (e) If the child is less than 18 years of age, order:

         (1) The parent, guardian or custodian of the child; and

         (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

    (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform [public] community service.

    (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

    (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:


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         (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

         (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

    (i) Place the child, when he is not in school, under the supervision of:

         (1) A public organization to work on public projects;

         (2) A public agency to work on projects to eradicate graffiti; or

         (3) A private nonprofit organization to perform other [public] community service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work [,] or community service, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work [.] or community service.

    (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

    (k) Require the child to provide restitution to the victim of the crime which the child has committed.

    (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.2175.

    (m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression.


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drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in a program of sports or physical fitness or a program for the arts, the court may order any or all of the following, in the following order of priority if practicable:

         (1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

         (2) The child to work on projects or perform [public] community service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or

         (3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

    2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

    3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

    (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

    (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

    5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

    6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.


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    Sec. 7.  NRS 62.2185 is hereby amended to read as follows:

    62.2185  1.  In addition to the options set forth in NRS 62.211 and 62.213, the court may order a child who is found to be within the purview of this chapter to participate in a program of restitution through work that is established pursuant to this section if the child:

    (a) Is 14 years of age or older;

    (b) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

    (c) Is ordered to provide restitution to a victim; and

    (d) Voluntarily agrees to participate in the program of restitution through work.

    2.  If the court orders a child to participate in a program of restitution through work, the court may order any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

    (b) The child to work on projects or perform [public] community service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

    3.  A director of juvenile services may establish a program of restitution through work. A program of restitution through work must:

    (a) Include, without limitation, instruction in skills for employment and work ethics; and

    (b) Require a child who participates in the program to:

         (1) With the assistance of the program and if practicable, seek and obtain a position of employment with a public or private employer; and

         (2) Sign an authorization form that permits money to be deducted from the wages of the child to pay restitution. The director of juvenile services may prescribe the contents of the authorization form and may determine the amount of money to be deducted from the wages of the child to pay restitution, but the director shall not require that more than 50 percent of the wages of the child be deducted to pay restitution.

    4.  A program of restitution through work may include, without limitation, cooperative agreements with public or private employers to make available positions of employment for a child who participates in the program.

    5.  A director of juvenile services may terminate participation by a child in a program of restitution through work for any lawful reason or purpose.

    6.  A director of juvenile services may:

    (a) Apply for, accept and expend grants, gifts, donations, bequests or devises to finance a program of restitution through work in the manner provided in section 2 of [this act;] Senate Bill No. 7 of the 71st session of the Nevada Legislature; and


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    (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of restitution through work.

    7.  A director of juvenile services may designate a person to carry out the provisions of this section.

    8.  The provisions of this section do not:

    (a) Create a right on behalf of a child to participate in a program of restitution through work or to hold a position of employment; or

    (b) Establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in or for removal from a program of restitution through work or for denial of or removal from a position of employment.

    Sec. 8.  NRS 62.2195 is hereby amended to read as follows:

    62.2195  1.  In addition to any other action authorized pursuant to the provisions of this chapter, the court may order a child who is found to be within the purview of this chapter to complete a program of cognitive training and human development pursuant to this section if:

    (a) The child has never been found to be within the purview of this chapter; and

    (b) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim.

    2.  If the court orders a child to complete a program of cognitive training and human development, the court may order any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

    (b) The child to work on projects or perform [public] community service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program; or

    (c) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

    3.  A program of cognitive training and human development must include, without limitation, education, instruction or guidance in one or more of the following subjects, as deemed appropriate by the court:

    (a) Motivation.

    (b) Habits, attitudes and conditioning.

    (c) Self-conditioning processes.

    (d) Developing a successful way of life.

    (e) The process of solving problems.

    (f) Emotions and emotional blocks.

    (g) Assurances and demonstrative maturity.

    (h) Family success.

    (i) Family relationships.

    (j) Interfamilial understanding and communications.

    (k) Financial stability.

    (l) Effective communications.


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    (m) Conflict resolution.

    (n) Anger management.

    (o) Obtaining and retaining employment.

    4.  A director of juvenile services may:

    (a) Apply for, accept and expend grants, gifts, donations, bequests or devises to finance a program of cognitive training and human development in the manner provided in section 3 of [this act;] Senate Bill No. 7 of the 71st session of the Nevada Legislature; and

    (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of cognitive training and human development.

    5.  A director of juvenile services may designate a person to carry out the provisions of this section.

    Sec. 9.  NRS 62.2275 is hereby amended to read as follows:

    62.2275  1.  If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed:

    (a) An unlawful act in violation of NRS 484.379 or 484.3795;

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

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

the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.

    2.  The evaluation of a child pursuant to this section:

    (a) Must be conducted by:

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

         (2) A physician who is certified to make that classification by the board of medical examiners,

who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.

    (b) May be conducted at an evaluation center.

    3.  The judge shall:

    (a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.

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

    (c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all those charges:

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

         (2) The judge may order the child to perform supervised [work for the benefit of the] community service in lieu of paying the charges relating to his evaluation and treatment. The [work] community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.


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political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the [work,] community service, unless, in the case of industrial insurance, it is provided by the authority for which he performs the [work.] community service.

    4.  A treatment facility is not liable for any damages to person or property caused by a child who:

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

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

after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.

    5.  The provisions of this section do not prohibit a judge from:

    (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the health division of the department of human resources. The evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

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

    6.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

    7.  As used in this section:

    (a) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

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

    Sec. 10.  NRS 62.228 is hereby amended to read as follows:

    62.228  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:

    (a) For the first offense:

         (1) Require him to perform 200 hours of [public] community service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

         (2) Suspend his driver’s license for not more than 1 year or, if he does not possess a driver’s license, prohibit the child from receiving a driver’s license for not more than 1 year:

             (I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.


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             (II) After the date he becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

    (b) For the second offense:

         (1) Require him to perform at least 200 hours, but not more than 600 hours, of [public] community service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

         (2) Suspend his driver’s license for at least 90 days but not more than 2 years or, if he does not possess a driver’s license, prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (I) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (II) After the date he becomes eligible to receive a driver’s license, if the child is not eligible to receive a license on the date of the order.

    2.  If the court issues an order suspending the driver’s license of a child pursuant to this section, the judge shall require the child to surrender his driver’s license to the court.

    3.  If a child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.

    Sec. 11.  NRS 125.560 is hereby amended to read as follows:

    125.560  1.  A person who violates a restraining order or injunction:

    (a) That is in the nature of a temporary or extended order for protection against domestic violence; and

    (b) That is issued in an action or proceeding brought pursuant to this Title,

is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

    2.  If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:

    (a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of 200 hours of [work for the community;] community service;

    (b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;

    (c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorney’s fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and

    (d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

    3.  The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.


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    Sec. 12.  NRS 176.087 is hereby amended to read as follows:

    176.087  1.  Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised [work for the benefit of the community:] community service:

    (a) In lieu of all or a part of any fine or imprisonment that may be imposed for the commission of a misdemeanor; or

    (b) As a condition of probation granted for another offense.

    2.  The [work] community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.

    3.  The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the [work,] community service, unless, in the case of industrial insurance, it is provided by the authority for which he performs the [work.] community service.

    4.  The following conditions apply to any such [work] community service imposed by the court:

    (a) The court must fix the period of [work] community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue at his employment and to care for his family. The period of [work] community service fixed by the court must not exceed, for a:

         (1) Misdemeanor, 200 hours;

         (2) Gross misdemeanor, 600 hours; or

         (3) Felony, 1,000 hours.

    (b) A supervising authority listed in subsection 2 must agree to accept the convicted person for [work] community service before the court may require him to perform [work] community service for that supervising authority. The supervising authority must be located in or be the town or city of the convicted person’s residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.

    (c) [Work] Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.

    (d) The court may require the supervising authority to report periodically to the court or to a probation officer the convicted person’s performance in carrying out the punishment or condition of probation.

    Sec. 13.  NRS 176A.310 is hereby amended to read as follows:

    176A.310  1.  The court shall set the conditions of a program of probation secured by a surety bond. The conditions must be appended to and made part of the bond. The conditions may include, but are not limited to, any one or more of the following:

    (a) Submission to periodic tests to determine whether the probationer is using any controlled substance or alcohol.

    (b) Participation in a program for the treatment of the abuse of a controlled substance or alcohol or a program for the treatment of any other impairment.

    (c) Participation in a program of professional counseling, including, but not limited to, counseling for the family of the probationer.


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    (d) Restrictions or a prohibition on contact or communication with witnesses or victims of the crime committed by the probationer.

    (e) A requirement to obtain and keep employment.

    (f) Submission to a program of intensive supervision.

    (g) Restrictions on travel by the probationer outside the jurisdiction of the court.

    (h) Payment of restitution.

    (i) Payment of fines and court costs.

    (j) Supervised [work for the benefit of the community.] community service.

    (k) Participation in educational courses.

    2.  A surety shall:

    (a) Provide the facilities or equipment necessary to:

         (1) Perform tests to determine whether the probationer is using any controlled substance or alcohol, if the court requires such tests as a condition of probation;

         (2) Carry out a program of intensive supervision, if the court requires such a program as a condition of probation; and

         (3) Enable the probationer to report regularly to the surety.

    (b) Notify the court within 24 hours after the surety has knowledge of a violation of or a failure to fulfill a condition of the program of probation.

    3.  A probationer participating in a program of probation secured by a surety bond shall:

    (a) Report regularly to the surety; and

    (b) Pay the fee charged by the surety for the execution of the bond.

    Sec. 14.  NRS 176A.540 is hereby amended to read as follows:

    176A.540  1.  The chief parole and probation officer may order the residential confinement of a probationer if he believes that the probationer poses no danger to the community and will appear at a scheduled inquiry or court hearing.

    2.  In ordering the residential confinement of a probationer, the chief parole and probation officer shall:

    (a) Require the probationer to be confined to his residence during the time he is away from his employment, [public] community service or other activity authorized by the division; and

    (b) Require intensive supervision of the probationer, including, without limitation, unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.

    3.  An electronic device approved by the division may be used to supervise a probationer who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s presence at his residence, including the transmission of still visual images which do not concern the probationer’s activities while inside his residence. A device which is capable of recording or transmitting:

    (a) Oral or wire communications or any auditory sound; or

    (b) Information concerning the probationer’s activities while inside his residence,

must not be used.


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    4.  The chief parole and probation officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.

    5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence.

    Sec. 15.  NRS 176A.660 is hereby amended to read as follows:

    176A.660  1.  If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.

    2.  In ordering the person to a term of residential confinement, the court shall:

    (a) Direct that he be placed under the supervision of the division;

    (b) Require the person to be confined to his residence during the time he is away from his employment, [public] community service or other activity authorized by the division; and

    (c) Require intensive supervision of the person, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.

    3.  An electronic device approved by the division may be used to supervise a person ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the person’s activities while inside his residence. A device which is capable of recording or transmitting:

    (a) Oral or wire communications or any auditory sound; or

    (b) Information concerning the person’s activities while inside his residence,

must not be used.

    4.  The court shall not order a person to a term of residential confinement unless he agrees to the order.

    5.  A term of residential confinement may not be longer than the maximum term of a sentence imposed by the court.

    Sec. 16.  NRS 178.3975 is hereby amended to read as follows:

    178.3975  1.  The court may order a defendant to pay all or any part of the expenses incurred by the county, city or state in providing the defendant with an attorney which are not recovered pursuant to NRS 178.398. The order may be made at the time of or after the appointment of an attorney and may direct the defendant to pay the expenses in installments.

    2.  The court shall not order a defendant to make such a payment unless the defendant is or will be able to do so. In determining the amount and method of payment, the court shall take account of the financial resources of the defendant and the nature of the burden that payment will impose.

    3.  A defendant who has been ordered to pay expenses of his defense and who is not willfully or without good cause in default in the payment thereof may at any time petition the court which ordered the payment for remission of the payment or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due or modify the method of payment.


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hardship on the defendant or his immediate family, the court may remit all or part of the amount due or modify the method of payment.

    4.  The money recovered must in each case be paid over to the city, county or public defender’s office which bore the expense and was not reimbursed by another governmental agency.

    5.  Upon the request of a defendant, if the court finds that the defendant is suitable to perform supervised [work for the benefit of the community,] community service, the court may allow the defendant to pay all or part of any expenses incurred by the county, city or state in providing him with an attorney by performing supervised [work for the benefit of the] community service for a reasonable number of hours, the value of which would be commensurate with such expenses incurred. The [work] community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require a defendant who requests to perform community service to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the [work,] community service, unless, in the case of industrial insurance, it is provided by the authority for which he performs the [work.] community service.

    Sec. 17.  NRS 193.150 is hereby amended to read as follows:

    193.150  1.  Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.

    2.  In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of [work for the benefit of the] community service pursuant to the conditions prescribed in NRS 176.087.

    Sec. 18.  NRS 193.210 is hereby amended to read as follows:

    193.210  A person is of sound mind [who is not an idiot and] who has arrived at the age of 14 years, or before that age if he knew the distinction between good and evil.

    Sec. 19.  NRS 194.010 is hereby amended to read as follows:

    194.010  All persons are liable to punishment except those belonging to the following classes:

    1.  Children under the age of 8 years.

    2.  Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.

    3.  [Idiots.

    4.]  Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.

    [5.]4.  Persons who committed the act charged without being conscious thereof.

    [6.]5.  Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.


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    [7.]6.  Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.

    Sec. 20.  NRS 209.392 is hereby amended to read as follows:

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

    (a) Established a position of employment in the community;

    (b) Enrolled in a program for education or rehabilitation; or

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

assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.

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

    3.  The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:

    (a) 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 in a faithful and orderly manner;

    (d) Has ever been convicted of:

         (1) Any crime involving the use or threatened use of force or violence against the victim; or

         (2) A sexual offense;

    (e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS [484.3792] 484.379 or 484.3795;

    (f) Has escaped or attempted to escape from any jail or correctional institution for adults; or


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    (g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,

is not eligible for assignment to the custody of the division of parole and probation to serve a term of residential confinement pursuant to this section.

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

    (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.

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

    5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

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

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

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

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

    Sec. 21. NRS 211.244 is hereby amended to read as follows:

    211.244  1.  At any time after the conviction of a prisoner, and after the financial status of the prisoner has been determined or the prisoner has refused or failed to complete and sign the form required by NRS 211.242, the sheriff of the county, the administrator of the department of detention of an incorporated city, the person appointed to administer a city jail or the administrator of an alternative program may issue a written demand to the prisoner for reimbursement, pursuant to NRS 211.2415, of the expenses incurred by the county or city for the prisoner’s maintenance and support during his period of imprisonment or assignment to an alternative program.

    2.  Except as otherwise provided in subsection 3, the prisoner shall pay the total amount due when the written demand is issued. The prisoner may arrange to make payments on a monthly basis. If such arrangements are made, the prisoner must be provided with a monthly billing statement which specifies the date on which his next payment is due.

    3.  A court may order a prisoner to perform supervised [work for the benefit of the] community service to satisfy the written demand for reimbursement. Each hour of [work] community service performed by the prisoner reduces the amount he owes by $8. If the prisoner does not satisfy the written demand for reimbursement within the time set by the court, the district attorney for a county or the city attorney for an incorporated city may file a civil action pursuant to NRS 211.245.


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district attorney for a county or the city attorney for an incorporated city may file a civil action pursuant to NRS 211.245.

    Sec. 22.  NRS 213.15193 is hereby amended to read as follows:

    213.15193  1.  Except as otherwise provided in subsection 6, the chief may order the residential confinement of a parolee if he believes that the parolee does not pose a danger to the community and will appear at a scheduled inquiry or hearing.

    2.  In ordering the residential confinement of a parolee, the chief shall:

    (a) Require the parolee to be confined to his residence during the time he is away from his employment, [public] community service or other activity authorized by the division; and

    (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.

    3.  An electronic device approved by the division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his residence, including, without limitation, the transmission of still visual images which do not concern the activities of the parolee while inside his residence. A device which is capable of recording or transmitting:

    (a) Oral or wire communications or any auditory sound; or

    (b) Information concerning the activities of the parolee while inside his residence,

must not be used.

    4.  The chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.

    5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence of the parolee.

    6.  The chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

    Sec. 23.  NRS 213.152 is hereby amended to read as follows:

    213.152  1.  Except as otherwise provided in subsection 6, if a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.

    2.  In ordering the parolee to a term of residential confinement, the board shall:

    (a) Require the parolee to be confined to his residence during the time he is away from his employment, [public] community service or other activity authorized by the division; and

    (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.

    3.  An electronic device approved by the division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his residence.


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must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his residence. A device which is capable of recording or transmitting:

    (a) Oral or wire communications or any auditory sound; or

    (b) Information concerning the activities of the parolee while inside his residence,

must not be used.

    4.  The board shall not order a parolee to a term of residential confinement unless he agrees to the order.

    5.  A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.

    6.  The board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

    Sec. 24.  NRS 371.230 is hereby amended to read as follows:

    371.230  Except as otherwise provided in NRS 371.1035 [or 482.180,] , 482.180 or 482.181, money collected by the department for privilege taxes and penalties pursuant to the provisions of this chapter must be deposited with the state treasurer to the credit of the motor vehicle fund.

    Sec. 25.  NRS 387.328 is hereby amended to read as follows:

    387.328  1.  The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay the cost of the school district’s debt service.

    2.  The board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.

    3.  That portion of the vehicle privilege tax whose allocation to the school district pursuant to NRS [482.180] 482.181 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

    4.  No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

    5.  The proceeds of the taxes deposited in the fund for capital projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the payment of the principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of such taxes so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of a school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

    Sec. 26.  NRS 408.235 is hereby amended to read as follows:

    408.235  1.  There is hereby created the state highway fund.

    2.  Except as otherwise provided in subsection [7] 6 of NRS 482.180 and NRS 482.1805, the proceeds from the imposition of any:

    (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state; and


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    (b) Excise tax on gasoline or other motor vehicle fuel,

must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

    3.  The interest and income earned on the money in the state highway fund, after deducting any applicable charges, must be credited to the fund.

    4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

    5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

    6.  All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.

    Sec. 27.  NRS 444.630 is hereby amended to read as follows:

    444.630  1.  As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

    2.  Every person who willfully places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor and, if the convicted person agrees, he shall be sentenced to perform 10 hours of [work for the benefit of the] community service under the conditions prescribed in NRS 176.087.

    3.  Except as otherwise provided in NRS 444.585, ownership of garbage does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any garbage which is disposed of in violation of subsection 2 creates a reasonable inference that the owner is the person who disposed of the garbage. The fact that the disposal of the garbage was not witnessed does not, in and of itself, preclude the identification of its owner.

    4.  All:

    (a) Health officers and their deputies;

    (b) Game wardens;

    (c) Police officers of cities and towns;

    (d) Sheriffs and their deputies;

    (e) Other peace officers of the State of Nevada; and


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    (f) Other persons who are specifically designated by the local government to do so,

shall, within their respective jurisdictions, enforce the provisions of this section.

    5.  A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.

    6.  To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

    (a) Agency of the state or its political subdivisions.

    (b) Employer, public or private.

    (c) Employee organization or trust of any kind.

    (d) Financial institution or other entity which is in the business of providing credit reports.

    (e) Public utility.

Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 2. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

    Sec. 28.  NRS 458.320 is hereby amended to read as follows:

    458.320  1.  If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order an approved facility for the treatment of abuse of alcohol or drugs to conduct an examination of the person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The facility shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.

    2.  If the court, acting on the report or other relevant information, determines that the person is not an alcoholic or drug addict, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, he may be sentenced and the sentence executed.

    3.  If the court determines that the person is an alcoholic or drug addict, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

    (a) Impose any conditions to the election of treatment that could be imposed as conditions of probation;

    (b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330; and

    (c) Place the person under the supervision of an approved facility for treatment for not less than 1 year nor more than 3 years.

The court may require such progress reports on the treatment of the person as it deems necessary.

    4.  A person who is placed under the supervision of an approved facility for treatment shall pay the cost of the program of treatment to which he is assigned and the cost of any additional supervision that may be required, to the extent of his financial resources. The court may issue a judgment in favor of the court or facility for treatment for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment. Such a judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 5.


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amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 5.

    5.  If the person who is placed under the supervision of an approved facility for treatment does not have the financial resources to pay all of the related costs:

    (a) The court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

    (b) The court may order the person to perform supervised [work for the benefit of the] community service in lieu of paying the remainder of the costs relating to his treatment and supervision. The [work] community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the [work,] community service, unless, in the case of industrial insurance, it is provided by the authority for which he performs the [work.] community service.

    6.  No person may be placed under the supervision of a facility under this section unless the facility accepts him for treatment.

    Sec. 29.  NRS 459.735 is hereby amended to read as follows:

    459.735  1.  The contingency account for hazardous materials is hereby created in the state general fund.

    2.  The commission shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:

    (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

    (b) Carrying out the provisions of [Public Law 99-499 and Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;

    (c) Maintaining and supporting the operations of the commission and local emergency planning committees;

    (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and

    (e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.

    3.  All money received by this state [as a result of Public Law 99-499 or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. In addition, all money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2.

    4.  Upon the presentation of budgets in the manner required by law, money to support the operation of the commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the state highway fund or other legislative authorization to the contingency account for hazardous materials.


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appropriation from the state highway fund or other legislative authorization to the contingency account for hazardous materials.

      5.  The interest and income earned on the money in the contingency account for hazardous materials, after deducting any applicable charges, must be credited to the account.

      6.  All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.

      Sec. 30.  NRS 481.083 is hereby amended to read as follows:

      481.083  1.  Except for the operation of the investigation division, the division of emergency management, the state fire marshal division, the division of parole and probation, and the capitol police division of the department, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund or other legislative authorization upon the presentation of budgets in the manner required by law.

      2.  All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.

      Sec. 31.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

      3.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited [,] pursuant to this section or NRS 482.181, in the proper proportion.

      4.  [All] Except as otherwise provided in subsection 6, all money received or collected by the department for the basic vehicle privilege tax must be [deposited in the local government tax distribution account, created by NRS 360.660, for credit to the appropriate county pursuant to subsection 6.] distributed in the manner set forth in NRS 482.181.

      5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund [,] or other legislative authorization, upon the presentation of budgets in the manner required by law. Out of the appropriation [,] or authorization, the department shall pay every item of expense.

      6.  [The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City........................ 1.07 percent                Lincoln..................... 3.12 percent

Churchill............................. 5.21 percent                Lyon......................... 2.90 percent

Clark.................................. 22.54 percent                Mineral.................... 2.40 percent

Douglas.............................. 2.52 percent                Nye........................... 4.09 percent

Elko................................... 13.31 percent                Pershing.................. 7.00 percent

Esmeralda........................... 2.52 percent                Storey......................   .19 percent

Eureka................................. 3.10 percent                Washoe................. 12.24 percent


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Humboldt........................... 8.25 percent                White Pine.............. 5.66 percent

Lander................................. 3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

      7.]  The department shall withhold 6 percent from the amount of privilege tax collected by the department as a commission. From the amount of privilege tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.

      [8.]  All money withheld by or credited to the department pursuant to this subsection must be used only for the administration of this chapter as authorized by the legislature pursuant to subsection 5.

      7.  When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      [9.]8.  If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.

      Sec. 32.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection [4,] 5, after deducting the amount withheld by the department and the amount credited to the department pursuant to subsection 6 of NRS 482.180, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

      3.  [The distribution of the basic privilege tax within a county must be made to local governments, special districts and enterprise districts pursuant to the provisions of NRS 360.680 and 360.690.] The distribution of the basic privilege tax received or collected for each county must be made to the county school district within [the] each county before [the distribution of the basic privilege tax pursuant to the provisions of NRS 360.680 and 360.690 and in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution.] any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of basic privilege tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.


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    4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the local government tax distribution account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

    5.  An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

    [5.]6.  The department shall make distributions of basic privilege tax directly to county school districts.

    [6.]7.  As used in this section:

    (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

    (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City...................... 1.07 percent                Lincoln.................. 3.12 percent

Churchill.......................... 5.21 percent                Lyon....................... 2.90 percent

Clark............................... 22.54 percent                Mineral.................. 2.40 percent

Douglas............................ 2.52 percent                Nye.......................... 4.09 percent

Elko................................ 13.31 percent                Pershing................ 7.00 percent

Esmeralda........................ 2.52 percent                Storey.....................   .19 percent

Eureka.............................. 3.10 percent                Washoe................ 12.24 percent

Humboldt......................... 8.25 percent                White Pine............ 5.66 percent

Lander.............................. 3.88 percent

 

             (2) For all other basic and supplemental privilege tax received or collected by the department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

    (d) “Special district” has the meaning ascribed to it in NRS 360.650.

    Sec. 33.  NRS 484.3667 is hereby amended to read as follows:

    484.3667  1.  Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit:

    (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

    (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present,

shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection 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.

    2.  The penalty imposed for the primary offense and the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of [work for the benefit of the community.] community service.


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    3.  A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service shall cause to be erected:

    (a) A sign located before the beginning of such an area which states that a double penalty will be imposed upon a person who is convicted of violating the speed limit within the temporary traffic control zone;

    (b) A sign to mark the beginning of the temporary traffic control zone; and

    (c) A sign to mark the end of the temporary traffic control zone.

    Sec. 34.  NRS 484.3792 is hereby amended to read as follows:

    484.3792  1.  A person who violates the provisions of NRS 484.379:

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

         (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

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

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

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

         (1) Shall sentence him to:

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

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

         (2) Shall fine him not less than $750 nor more than $1,000;

         (3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of [work for the] community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and

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

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

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


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

    3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

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

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

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

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

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

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

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

    8.  As used in this section, unless the context otherwise requires, “offense” means:

    (a) A violation of NRS 484.379 or 484.3795;


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

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

    Sec. 35.  NRS 484.37937 is hereby amended to read as follows:

    484.37937  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the health division of the department of human resources for at least 6 months. The court shall authorize that treatment if:

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

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

         (2) A physician who is certified to make that diagnosis by the board of medical examiners;

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

    (c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of [work for the community.] community service.

    2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

    (a) A violation of NRS 484.3795;

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

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

    3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

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

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

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

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


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

    (c) Advise the offender that:

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

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

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

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

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

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

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

    Sec. 36.  NRS 484.3794 is hereby amended to read as follows:

    484.3794  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the health division of the department of human resources for at least 1 year if:

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

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

         (2) A physician who is certified to make that diagnosis by the board of medical examiners;

    (b) He agrees to pay the costs of the treatment to the extent of his financial resources; and

    (c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of [work for the community.] community service.

    2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

    (a) A violation of NRS 484.3795;


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

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

    3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

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

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

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

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

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

    (c) Advise the offender that:

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

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

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

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

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

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

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

    Sec. 37.  NRS 484.641 is hereby amended to read as follows:

    484.641  1.  It is unlawful to drive a passenger car manufactured after:

    (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.


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    (b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

    (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

    2.  Any person driving and any passenger 5 years of age or older who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position.

    3.  A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of [work for the community.] community service.

    4.  A violation of subsection 2:

    (a) Is not a moving traffic violation under NRS 483.473.

    (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484.377.

    (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

    5.  The department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.

    6.  The provisions of subsections 2 and 3 do not apply:

    (a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;

    (b) If the vehicle is not required by federal law to be equipped with safety belts;

    (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state;

    (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

    (e) To a passenger riding in a means of public transportation, including a taxi, school bus or emergency vehicle.

    7.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.


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    Sec. 38.  NRS 616A.195 is hereby amended to read as follows:

    616A.195  Any person:

    1.  Less than 18 years of age who is subject to the jurisdiction of the juvenile division of the district court and who has been ordered by the court to [work for a community,] perform community service, upon compliance by the supervising authority; or

    2.  Eighteen years of age or older who has been ordered by any court to perform [work for a] community service pursuant to NRS 176.087, upon compliance by the convicted person or the supervising authority,

while engaged in that work, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, an employee of the supervising authority at a wage of $50 per month, and is entitled to the benefits of those chapters.

    Sec. 39.  NRS 630.352 is hereby amended to read as follows:

    630.352  1.  Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

    2.  If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint, including the name of the person, if any, who filed the complaint.

    3.  Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:

    (a) Place the person on probation for a specified period on any of the conditions specified in the order;

    (b) Administer to him a public reprimand;

    (c) Limit his practice or exclude one or more specified branches of medicine from his practice;

    (d) Suspend his license for a specified period or until further order of the board;

    (e) Revoke his license to practice medicine;

    (f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

    (g) Require supervision of his practice;

    (h) Impose a fine not to exceed $5,000;

    (i) Require him to perform [public] community service without compensation;

    (j) Require him to take a physical or mental examination or an examination testing his competence;

    (k) Require him to fulfill certain training or educational requirements; and

    (l) Require him to pay all costs incurred by the board relating to his disciplinary proceedings.

    4.  If the board finds that the physician has violated the provisions of NRS 439B.425, the board shall suspend his license for a specified period or until further order of the board.


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    Sec. 40.  NRS 630A.510 is hereby amended to read as follows:

    630A.510  1.  Any member of the board who was not a member of the investigative committee, if one was appointed, may participate in the final order of the board. If the board, after a formal hearing, determines that a violation of the provisions of this chapter or the regulations adopted by the board has occurred, it shall issue and serve on the person charged an order, in writing, containing its findings and any sanctions imposed by the board. If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the person that the charges have been dismissed.

    2.  If the board finds that a violation has occurred, it may by order:

    (a) Place the person on probation for a specified period on any of the conditions specified in the order.

    (b) Administer to the person a public reprimand.

    (c) Limit the practice of the person or exclude a method of treatment from the scope of his practice.

    (d) Suspend the license of the person for a specified period or until further order of the board.

    (e) Revoke the license of the person to practice homeopathic medicine.

    (f) Require the person to participate in a program to correct a dependence upon alcohol or a controlled substance, or any other impairment.

    (g) Require supervision of the person’s practice.

    (h) Impose an administrative fine not to exceed $10,000.

    (i) Require the person to perform [public] community service without compensation.

    (j) Require the person to take a physical or mental examination or an examination of his competence to practice homeopathic medicine.

    (k) Require the person to fulfill certain training or educational requirements.

    (l) Require the person to pay the costs of the investigation and hearing.

    Sec. 41.  NRS 631.350 is hereby amended to read as follows:

    631.350  1.  Except as otherwise provided in NRS 631.271 and 631.347, the board may:

    (a) Refuse to issue a license to any person;

    (b) Revoke or suspend the license or renewal certificate issued by it to any person;

    (c) Fine a person it has licensed;

    (d) Place a person on probation for a specified period on any conditions the board may order;

    (e) Issue a public reprimand to a person;

    (f) Limit a person’s practice to certain branches of dentistry;

    (g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

    (h) Require that a person’s practice be supervised;

    (i) Require a person to perform [public] community service without compensation;

    (j) Require a person to take a physical or mental examination or an examination of his competence;

    (k) Require a person to fulfill certain training or educational requirements;

    (l) Require a person to reimburse a patient; or


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    (m) Any combination thereof,

upon proof satisfactory to the board that the person has engaged in any of the activities listed in subsection 2.

    2.  The following activities may be punished as provided in subsection 1:

    (a) Engaging in the illegal practice of dentistry or dental hygiene;

    (b) Engaging in unprofessional conduct; or

    (c) Violating any regulations adopted by the board or the provisions of this chapter.

    3.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this state.

    4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 42.  NRS 706.211 is hereby amended to read as follows:

    706.211  All money collected by the department under the provisions of NRS 706.011 to 706.861, inclusive, must be deposited in the state treasury for credit to the motor vehicle fund. Except as otherwise provided in NRS 482.180 , 482.181 and this chapter, all money collected under the provisions of NRS 706.011 to 706.861, inclusive, must be used for the construction, maintenance and repair of the public highways of this state.

      Sec. 43.  Section 1 of Assembly Bill No. 225 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Section 1.  Chapter 241 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  A public body shall not consider at a meeting whether to:

       (a) Take administrative action against a person; or

       (b) Acquire real property owned by a person by the exercise of the power of eminent domain,

unless the public body has given written notice to that person of the time and place of the meeting.

       2.  The written notice required pursuant to subsection 1 must be:

       (a) Delivered personally to that person at least 5 working days before the meeting; or

       (b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

A public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider a matter set forth in subsection 1 relating to that person at a meeting.

       3.  The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.

       4.  For the purposes of this section, real property shall be deemed to be owned only by the natural person or entity listed in the records of the county in which the real property is located to whom or which tax bills concerning the real property are sent.


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      Sec. 44. Section 7 of Assembly Bill No. 444 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 7. NRS 645.633 is hereby amended to read as follows:

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

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

       [2.](b) Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.

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

       [4.](d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

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

       [6.](f) Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.

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

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

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

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

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

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

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

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


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ê2001 Statutes of Nevada, 17th Special Session, Page 157 (Chapter 8, AB 11)ê

 

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

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

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

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

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

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

       5.  On or before February 1 of each odd-numbered year, the division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:

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

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

    Sec. 45.  Assembly Bill No. 574 of the 71st session of the Nevada Legislature is hereby amended by adding thereto a new section to read as follows:

       Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

       2.  Sections 1 and 2 of this act become effective on October 1, 2001.

    Sec. 46. Section 1 of Senate Bill No. 37 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Section 1.  NRS 62.129 is hereby amended to read as follows:

       62.129  1.  A child alleged to be delinquent or in need of supervision may be placed under the informal supervision of a probation officer if the child voluntarily admits his participation in the acts for which he was referred to the probation officer. If any of the acts would constitute a gross misdemeanor or felony if committed by an adult, the child may not be placed under informal supervision unless the district attorney approves of the placement in writing. The probation officer must advise the child and his parent, guardian or custodian that they may refuse informal supervision.

       2.  An agreement for informal supervision must be entered into voluntarily and intelligently by the child with the advice of his attorney, or by the child with the consent of a parent, guardian or custodian if the child is not represented by counsel. The period of informal supervision must not exceed 180 days. The terms of the agreement must be clearly stated in writing and signed by all parties. A copy of the agreement must be given to the child, the attorney for the child, if any, the child’s parent, guardian or custodian, and the probation officer, who shall retain a copy in his file for the case.


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parent, guardian or custodian, and the probation officer, who shall retain a copy in his file for the case. The child and his parent, guardian or custodian may terminate the agreement at any time and request the filing of a petition for formal adjudication.

       3.  An agreement for informal supervision may require a child to:

       (a) Perform community service or provide restitution to any victim of the acts for which the child was referred to the probation officer;

       (b) Participate in a program of restitution through work that is established pursuant to NRS 62.2185 if the child:

             (1) Is 14 years of age or older;

             (2) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

             (3) Is required to provide restitution to a victim; and

             (4) Voluntarily agrees to participate in the program of restitution through work;

       (c) Complete a program of cognitive training and human development pursuant to NRS 62.2195 if:

             (1) The child has never been found to be within the purview of this chapter; and

             (2) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim; or

       (d) Engage in any combination of the activities set forth in paragraphs (a), (b) and (c).

       4.  If an agreement for informal supervision requires a child to participate in a program of restitution through work as set forth in paragraph (b) of subsection 3 or complete a program of cognitive training and human development as set forth in paragraph (c) of subsection 3, the agreement may also require any or all of the following, in the following order of priority if practicable:

       (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program or performs work, and in the case of a program of restitution through work, for industrial insurance, unless the industrial insurance is provided by the employer for which the child performs the work; or

       (b) The child to work on projects or perform community service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

       5.  If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.


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       6.  [A] Upon the request of the court, a probation officer shall file [annually] with the court a report of the number of children placed under informal supervision during the previous year, the conditions imposed in each case and the number of cases that were successfully completed without the filing of a petition.

    Sec. 47. Section 21 of Senate Bill No. 59 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 21.  NRS 371.230 is hereby amended to read as follows:

       371.230  Except as otherwise provided in NRS 371.1035, 482.180 or 482.181, money collected by the department for [privilege] governmental services taxes and penalties pursuant to the provisions of this chapter must be deposited with the state treasurer to the credit of the motor vehicle fund.

    Sec. 48.  Section 29 of Senate Bill No. 59 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 29.  NRS 387.328 is hereby amended to read as follows:

       387.328  1.  The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay the cost of the school district’s debt service.

       2.  The board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.

       3.  That portion of the [vehicle privilege] governmental services tax whose allocation to the school district pursuant to NRS 482.181 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

       4.  No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

       5.  The proceeds of the taxes deposited in the fund for capital projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the payment of the principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of such taxes so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of a school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

    Sec. 49. Section 30 of Senate Bill No. 59 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 30.  NRS 482.180 is hereby amended to read as follows:

       482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

       2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

       3.  Any check accepted by the department in payment of [vehicle privilege] the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited pursuant to this section or NRS 482.181, in the proper proportion.


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ê2001 Statutes of Nevada, 17th Special Session, Page 160 (Chapter 8, AB 11)ê

 

presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited pursuant to this section or NRS 482.181, in the proper proportion.

       4.  Except as otherwise provided in subsection 6, all money received or collected by the department for the basic [vehicle privilege] governmental services tax must be distributed in the manner set forth in NRS 482.181.

       5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund or other legislative authorization, upon the presentation of budgets in the manner required by law. Out of the appropriation or authorization, the department shall pay every item of expense.

       6.  The department shall withhold 6 percent from the amount of [privilege] the governmental services tax collected by the department as a commission. From the amount of [privilege] the governmental services tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor. All money withheld by or credited to the department pursuant to this subsection must be used only for the administration of this chapter as authorized by the legislature pursuant to subsection 5.

       7.  When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

       8.  If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.

    Sec. 50. Section 31 of Senate Bill No. 59 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 31.  NRS 482.181 is hereby amended to read as follows:

       482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the department and the amount credited to the department pursuant to subsection 6 of NRS 482.180, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental [privilege] governmental services taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

       2.  Any supplemental [privilege] governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

       3.  The distribution of the basic [privilege] governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic [privilege] governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.


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the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

       4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the local government tax distribution account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

       5.  An amount equal to any basic [privilege] governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

       6.  The department shall make distributions of the basic [privilege] governmental services tax directly to county school districts.

       7.  As used in this section:

       (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

       (b) “Local government” has the meaning ascribed to it in NRS 360.640.

       (c) “Received or collected for each county” means:

             (1) For the basic [privilege] governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City................... 1.07 percent            Lincoln................ 3.12 percent

Churchill........................ 5.21 percent            Lyon.................... 2.90 percent

Clark............................. 22.54 percent            Mineral................ 2.40 percent

Douglas......................... 2.52 percent            Nye...................... 4.09 percent

Elko.............................. 13.31 percent            Pershing.............. 7.00 percent

Esmeralda...................... 2.52 percent            Storey..................   .19 percent

Eureka............................ 3.10 percent            Washoe............. 12.24 percent

Humboldt...................... 8.25 percent            White Pine.......... 5.66 percent

Lander............................ 3.88 percent

 

             (2) For all other basic and supplemental [privilege] governmental services tax received or collected by the department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

       (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 51.  Section 37 of Senate Bill No. 91 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 37.  NRS 630.352 is hereby amended to read as follows:

       630.352  1.  Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.


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ê2001 Statutes of Nevada, 17th Special Session, Page 162 (Chapter 8, AB 11)ê

 

board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

       2.  If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint . [, including the name of the person, if any, who filed the complaint.]

       3.  Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:

       (a) Place the person on probation for a specified period on any of the conditions specified in the order;

       (b) Administer to him a public reprimand;

       (c) Limit his practice or exclude one or more specified branches of medicine from his practice;

       (d) Suspend his license for a specified period or until further order of the board;

       (e) Revoke his license to practice medicine;

       (f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

       (g) Require supervision of his practice;

       (h) Impose a fine not to exceed $5,000;

       (i) Require him to perform community service without compensation;

       (j) Require him to take a physical or mental examination or an examination testing his competence;

       (k) Require him to fulfill certain training or educational requirements; and

       (l) Require him to pay all costs incurred by the board relating to his disciplinary proceedings.

       4.  If the board finds that the physician has violated the provisions of NRS 439B.425, the board shall suspend his license for a specified period or until further order of the board.

      Sec. 52.  Section 11 of Senate Bill No. 424 of the 71st session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 11.  NRS 444.635 is hereby amended to read as follows:

       444.635  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty [,] upon each such conviction.

       2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.] :

       (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

       (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

       (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.


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       (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

       3.  If so provided by the court, [the] a penalty imposed pursuant to this section may be paid in installments.

       [3.  The health authority or division of environmental protection of the state department of conservation and natural resources]

       4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

       [4.] 5.  Each court which receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the division of environmental protection of the state department of conservation and natural resources or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be [used] :

       (a) Used only to pay [rewards] :

             (1) Rewards pursuant to NRS 444.640 [or for] ;

             (2) For education regarding the unlawful disposal of solid waste;

             (3) For the cleaning up of dump sites; and

             (4) For the management of solid waste ; and [paid]

       (b) Paid as other claims against the state or local governments are paid.

      Sec. 53.  NRS 488.407 is hereby repealed.

      Sec. 54.  This act becomes effective upon passage and approval.

      Sec. 55.  The legislative counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to “work for the benefit of the community,” “work for the community,” “work for a community,” “public service” or other similar term to refer to community service.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to “work for the benefit of the community,” “work for the community,” “work for a community,” “public service” or other similar term to refer to community service.

________

 


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ê2001 Statutes of Nevada, 17th Special Session, Page 164ê

 

CHAPTER 9, AB 12

Assembly Bill No. 12–Joint Rules Committee

 

CHAPTER 9

 

AN ACT relating to liquor; authorizing a transfer of liquor between certain affiliated retailers; providing for the enforcement of certain provisions of chapter 369 of NRS; providing a civil penalty; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A retail liquor store that holds a nonrestricted license may transfer an original package of liquor to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:

      (a) Each retail liquor store:

             (1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and

             (2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;

      (b) The initial retail liquor store:

             (1) Obtained the original package of liquor in compliance with the provisions of this chapter;

             (2) Is an affiliate of the retail liquor store that receives the transfer; and

             (3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;

      (c) Immediately before the transfer, the original package of liquor is located at the initial retail liquor store; and

      (d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.

      2.  A transfer authorized by this section shall not be deemed a sale.

      3.  A retail liquor store that transfers or receives an original package of liquor as authorized by this section:

      (a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.

      (b) Notwithstanding the provisions of subsection 5 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.

      4.  As used in this section:

      (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

      (b) “Liquor” does not include beer.

      (c) “Marketing area” has the meaning ascribed to it in NRS 597.136.

      (d) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

 

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