κ1999 Statutes of Nevada, Page 77κ
Senate Bill No. 158Committee on Finance
CHAPTER 34
AN ACT relating to the Nevada athletic commission; authorizing the commission to recover certain costs associated with the issuance or reinstatement of a license; expanding the circumstances under which such costs may be recovered if disciplinary action is taken by the commission; making an appropriation; and providing other matters properly relating thereto.
[Approved April 7, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 467.158, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.
2. In addition to the penalty required by subsection 1, the commission may require the applicant to:
(a) Pay the costs of the proceedings associated with the reinstatement of the license, including investigative costs and attorneys fees; and
(b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorneys fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.
Sec. 2. NRS 467.100 is hereby amended to read as follows:
467.100 1. All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless he has first procured a license from the commission.
2. The commission shall fix a uniform scale of license fees.
3. In addition to the license fees required by subsection 2, the commission may require an applicant for a license to:
(a) Pay the costs of the proceedings associated with the issuance of the license, including investigative costs and attorneys fees; and
(b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorneys fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.
4. It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he has been granted a license therefor.
Sec. 3. NRS 467.158 is hereby amended to read as follows:
467.158 1. [Except as otherwise provided in subsections 3 and 4, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.
κ1999 Statutes of Nevada, Page 78 (Chapter 34, SB 158)κ
commission, not to exceed $250,000, the commission may reinstate a revoked license.
2.] If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection [3,] 2, the commission may, in lieu of revoking a license, prescribe a penalty not to exceed $250,000.
[3.] 2. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:
(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,
the commission may prescribe a penalty pursuant to subsection [4.] 3.
[4.] 3. A penalty prescribed by the commission pursuant to subsection [3:] 2:
(a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the commission.
[5. If a penalty is imposed pursuant to this section,]
4. If disciplinary action is taken against a person pursuant to this chapter, the commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorneys fees . [, may be recovered by the commission.]
Sec. 4. There is hereby appropriated from the state general fund to the Nevada Athletic Commission the sum of $18,596 for unanticipated expenses. This appropriation is supplemental to that made by section 22 of chapter 244, Statutes of Nevada 1997, at page 858.
Sec. 5. This act becomes effective upon passage and approval.
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Assembly Bill No. 113Committee on Commerce and Labor
CHAPTER 35
AN ACT relating to health care records; expanding the circumstances under which a provider of health care is required to make health care records available for inspection by an investigator for the attorney general or a grand jury; and providing other matters properly relating thereto.
[Approved April 7, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:
κ1999 Statutes of Nevada, Page 79 (Chapter 35, AB 113)κ
(a) The patient or a representative with written authorization from the patient;
(b) An investigator for the attorney general or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;
(c) An investigator for the attorney general investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; or
(d) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this state, the provider shall make any records requested pursuant to this section available in this state for inspection within 10 working days after the request.
2. The provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.
3. Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient; or
(b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.
4. Records made available to a representative or investigator must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
5. Subsection 4 does not prohibit:
(a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.
κ1999 Statutes of Nevada, Page 80 (Chapter 35, AB 113)κ
allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.
(b) The attorney general from using health care records in the course of a civil or criminal action against the patient or provider of health care.
6. A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 278Committee on Finance
CHAPTER 36
AN ACT making a supplemental appropriation to the fund for class-size reduction for additional anticipated expenses; and providing other matters properly relating thereto.
[Approved April 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the fund for class-size reduction, created by NRS 388.730, the sum of $15,440,452 for additional anticipated expenses. This appropriation is supplemental to that made by section 2 of chapter 245, Statutes of Nevada 1997, at page 868.
Sec. 2. Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 81κ
Assembly Bill No. 174Committee on Taxation
CHAPTER 37
AN ACT relating to local governmental finances; authorizing the board of county commissioners of Douglas County to impose a local sales and use tax for libraries, airports, facilities and services for senior citizens and parks and recreational programs and facilities; conforming a similar definition provision in the Carson City Charter; authorizing the board of county commissioners of Douglas County to issue bonds and other securities to fund libraries, airports and facilities and services for senior citizens; and providing other matters properly relating thereto.
[Approved April 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. This act may be cited as the Douglas County Sales and Use Tax Act of 1999.
Sec. 2. The legislature hereby finds and declares that:
1. The enactment of the Douglas County Lodgers Tax Law, chapter 639, Statutes of Nevada 1969, at page 1250, provided Douglas County with a unique means to finance airport, recreational and combined facilities by the imposition and collection of an occupancy tax;
2. The enactment of the Tahoe-Douglas Visitors Authority Act, chapter 496, Statutes of Nevada 1997, at page 2375, redirected the expenditure of the revenue from the occupancy tax from airport, recreational and combined facilities to the promotion of tourism and the construction and operation of a convention center in the Tahoe Township of Douglas County;
3. The Tahoe-Douglas Visitors Authority Act made no provision for an additional tax to replace the revenue from the occupancy tax needed to finance airport, recreational and combined facilities in Douglas County;
4. A majority of the voters in Douglas County approved at the 1998 primary election an increase in the sales tax of one-quarter of 1 percent for the acquisition, development, operation and maintenance of libraries, airports and facilities and services for senior citizens and for the operation and maintenance of parks and recreational programs and facilities;
5. The necessity for this act results from:
(a) The small, but growing, population of Douglas County;
(b) Its geographical location on the border of the densely populated State of California and on a portion of Lake Tahoe;
(c) Its natural tourist attractions and its availability to tourists; and
(d) Its atypical financial problems resulting from the foregoing and other singular factors;
6. A general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act because of the demographic, economic and geographic diversity of the local governments of this state, the unique growth patterns occurring in Douglas County and the special financial conditions experienced in the county related to the need to acquire, develop, operate and maintain libraries, airports, and facilities and services for senior citizens and to operate and maintain parks and recreational programs and facilities; and
κ1999 Statutes of Nevada, Page 82 (Chapter 37, AB 174)κ
7. The powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provisions.
Sec. 3. Except as otherwise provided in this act or unless the context otherwise requires, terms used or referred to in this act have the meanings ascribed to them in chapter 374 of NRS, as from time to time amended, but the definitions in sections 4 to 16, inclusive, of this act, unless the context otherwise requires, govern the construction of this act.
Sec. 4. Act means the Douglas County Sales and Use Tax Act of 1999.
Sec. 5. Airport means an airport or airports and air navigation facilities that are owned, acquired, developed, operated and maintained by the county pursuant to chapter 496 of NRS, as from time to time amended.
Sec. 6. Board means the board of county commissioners of Douglas County.
Sec. 7. County means Douglas County.
Sec. 8. County treasurer means the county treasurer of Douglas County.
Sec. 9. Department means the department of taxation created pursuant to NRS 360.120.
Sec. 10. Facility for senior citizens means personal property and improvements to real property that are designed to meet the recreational, cultural, leisure or nutritional needs of senior citizens, or any combination thereof, and all appurtenant or customary facilities and uses associated therewith.
Sec. 11. Library means:
1. A county library established, operated and maintained by the county pursuant to NRS 379.010; and
2. A district library established, operated and maintained by the county pursuant to NRS 379.021.
Sec. 12. Park means real property and any improvements made thereon that are designed to serve the cultural, leisure, recreational and outdoor needs of natural persons.
Sec. 13. Recreational facility means personal property and improvements to real property for athletic, cultural and leisure activities and all appurtenant or customary facilities and uses associated therewith.
Sec. 14. Recreational program means a program that is designed to provide athletic, cultural or leisure activities to members of the general public.
Sec. 15. Senior citizen means a person who:
1. Is 65 years of age or older; or
2. Has a physical or mental limitation that restricts his ability to provide for his recreational, cultural, leisure or nutritional needs.
Sec. 16. Services for senior citizens means services that are designed to meet the recreational, cultural, leisure or nutritional needs of senior citizens.
Sec. 17. 1. The board may enact an ordinance imposing a local sales and use tax to:
κ1999 Statutes of Nevada, Page 83 (Chapter 37, AB 174)κ
(a) Acquire, develop, construct, equip, operate, maintain, improve and manage libraries, airports, and facilities and services for senior citizens located in the county; and
(b) Operate and maintain parks and recreational programs and facilities located in the county.
2. Annually, the board shall allocate the proceeds from the tax imposed pursuant to this section from the preceding fiscal year, the interest and other income earned on those proceeds, and any amount carried forward pursuant to subsection 3, among the uses set forth in subsection 1 and include those allocations in the final budget adopted by the board pursuant to NRS 354.598. The proceeds from the tax, including interest and other income earned thereon, must be used in accordance with those allocations.
3. At the end of a fiscal year, the proceeds from the tax, including interest and other income earned thereon, not expended or otherwise obligated for the purposes set forth in this section, must be carried forward and become part of the total proceeds of the tax, including interest and other income earned thereon, available in the next fiscal year.
4. The board of county commissioners shall, before submitting to the legislature any request to change the uses for the proceeds from the tax authorized by this section, including interest and other income earned thereon, submit an advisory question to the voters of the county pursuant to NRS 293.482, asking whether the uses for the proceeds from the tax should be so changed. The board shall not submit such a request to the legislature if a majority of the voters in the county disapprove the proposed change.
Sec. 18. An ordinance enacted pursuant to this act, except an ordinance authorizing the issuance of bonds or other securities, must include provisions in substance as follows:
1. A provision imposing a tax of not more than one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail or stored, used or otherwise consumed in the county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that an amendment to chapter 374 of NRS enacted after the effective date of the ordinance, not inconsistent with this act, automatically becomes part of the ordinance imposing the tax.
4. A provision that the board shall contract before the effective date of the ordinance with the department to perform all the functions incident to the administration or operation of the tax in the county.
5. A provision that exempts from the tax the gross receipts from the sale of tangible personal property used for the performance of a written contract for the construction of an improvement to real property:
(a) That was entered into on or before the effective date of the tax; or
(b) For which a binding bid was submitted before that date if the bid was afterward accepted,
and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.
Sec. 19. An ordinance amending an ordinance enacted pursuant to this act, except an ordinance authorizing the issuance of bonds or other securities, must include a provision in substance that the board shall amend a contract made pursuant to subsection 4 of section 18 of this act by a contract made between the board and the department before the effective date of the amendatory ordinance, unless the board determines with the written concurrence of the department that no such amendment of the contract is needed.
κ1999 Statutes of Nevada, Page 84 (Chapter 37, AB 174)κ
made pursuant to subsection 4 of section 18 of this act by a contract made between the board and the department before the effective date of the amendatory ordinance, unless the board determines with the written concurrence of the department that no such amendment of the contract is needed.
Sec. 20. 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this act must be paid to the department in the form of remittances payable to the department.
2. The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.
3. The state controller, acting upon the collection data furnished by the department, shall monthly:
(a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this act during the preceding month as compensation to the state for the cost of collecting the tax. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785, but the percentage must be applied to the proceeds collected pursuant to this act only.
(b) Determine the amount equal to all fees, taxes, interest and penalties collected in or for the county pursuant to this act during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Transfer the amount determined pursuant to paragraph (b) to the intergovernmental fund and remit the money to the county treasurer.
Sec. 21. The department may redistribute any proceeds from the tax, interest or penalty collected pursuant to this act which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.
Sec. 22. 1. The county treasurer shall deposit money received from the state controller pursuant to paragraph (c) of subsection 3 of section 20 of this act into the county treasury for credit to the fund created for the use of the proceeds from the tax authorized by this act.
2. The fund of the county created for the use of the proceeds from the tax authorized by this act must be accounted for as a separate fund and not as a part of any other fund.
Sec. 23. 1. Money to acquire, develop, construct, equip, improve and manage libraries, airports, and facilities and services for senior citizens located in the county may be obtained:
(a) By the issuance of bonds and other securities as provided in subsection 3, subject to any pledges, liens and other contractual limitations made pursuant to this act;
(b) By direct distribution from the fund created pursuant to section 22 of this act; or
(c) By both the issuance of such securities and by direct distribution,
as the board may determine appropriate.
κ1999 Statutes of Nevada, Page 85 (Chapter 37, AB 174)κ
2. Money to operate and maintain libraries, airports, facilities and services for senior citizens, parks and recreational programs and facilities located in the county may be obtained by direct distribution from the fund created pursuant to section 22 of this act.
3. The board may, after the enactment of the ordinance imposing the tax, from time to time, issue bonds and other securities, which are general or special obligations of the county and that may be secured as to principal and interest by a pledge of the proceeds from the tax authorized by this act.
4. An ordinance authorizing the issuance of such a bond or other security must describe the purpose for which the bond or other security is issued.
Sec. 24. 1. To acquire, develop, construct, equip, improve and manage libraries, airports, and facilities and services for senior citizens located in the county, the board may issue:
(a) General obligation bonds;
(b) General obligation bonds for which payment is additionally secured by a pledge of the proceeds of the tax imposed pursuant to this act, and if so determined by the board, further secured by a pledge of the gross or net revenues derived from the operation of libraries, airports or facilities and services for senior facilities or any other project of the county which produces income, or from any license fees or other excise taxes imposed for revenue by the county, or otherwise, as may be legally made available for payment of the bonds;
(c) Revenue bonds for which payment is solely secured by a pledge of the proceeds of the tax imposed pursuant to this act, and if so determined by the board, further secured by a pledge of the gross or net revenues derived from the operation of the libraries, airports or facilities for senior citizens or any other project of the county which produces income, or from any license fees or other excise taxes imposed for revenue by the county, or otherwise, as may be legally made available for payment of the bonds; and
(d) Medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.
2. Money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated for the purposes of subsection 3 of NRS 350.020 as pledged revenue for the uses authorized by this act.
Sec. 25. The board shall not repeal or amend or otherwise directly or indirectly modify the ordinance imposing the tax authorized by this act in such a manner as to impair an outstanding bond issued pursuant to this act, or other obligations incurred pursuant to this act, until all obligations for which revenue from an ordinance have been pledged or otherwise made payable from such revenue pursuant to this act have been discharged in full or provision for full payment and redemption has been made.
Sec. 26. In a proceeding arising from an ordinance imposing a tax pursuant to this act, the department may act for and on behalf of the county.
Sec. 27. 1. The powers conferred by this act are in addition and supplemental to, and not in substitution for, the powers conferred by any other law and the limitations imposed by this act do not affect the powers conferred by any other law.
κ1999 Statutes of Nevada, Page 86 (Chapter 37, AB 174)κ
2. This act must not be construed to prevent the exercise of any power granted by any other law to the county or any officer, agent or employee of the county.
3. This act must not be construed to repeal or otherwise affect any other law or part thereof.
4. This act is intended to provide a separate method of accomplishing the objectives of the act, but not an exclusive method.
5. 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.
Sec. 28. Section 8A.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 16, Statutes of Nevada 1997, at page 42, is hereby amended to read as follows:
Sec. 8A.010 Definitions. Except as otherwise provided in this article or where the context otherwise requires, terms used or referred to in this article have the meanings ascribed to them in chapter [372] 374 of NRS, as from time to time amended; but the definitions in sections 8A.020 to 8A.060, inclusive, except where the context otherwise requires, govern the construction of this article.
Sec. 29. This act becomes effective upon passage and approval.
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Assembly Bill No. 275Assemblymen Neighbors and de Braga
Joint Sponsor: Senator McGinness
CHAPTER 38
AN ACT relating to hospital districts; providing for the dissolution of hospital districts in certain smaller counties; and providing other matters properly relating thereto.
[Approved April 8, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:
In a county whose population is less than 400,000:
1. If, after a hearing, the board of county commissioners determines that the dissolution of a hospital district is necessary, the board shall by resolution provide for the dissolution of the hospital district. On and after the filing of the resolution with the county recorder, the hospital district shall be deemed dissolved.
2. Before dissolving a hospital district pursuant to subsection 1, the board of county commissioners shall determine whether the proceeds from the taxes currently being levied in the district, if any, for the operation of the hospital and the repayment of debt are sufficient to repay any outstanding obligations of the hospital district within a reasonable period after the
κ1999 Statutes of Nevada, Page 87 (Chapter 38, AB 275)κ
after the dissolution of the district. If there are no taxes currently being levied for the hospital district or the taxes being levied are not sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district, before dissolving the district pursuant to subsection 1 the board of county commissioners may levy a property tax on all of the taxable property in the district that is sufficient, when combined with any revenue from taxes currently being levied in the district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the district. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this subsection. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to this subsection must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453 but the rate levied when combined with all other overlapping rates levied in the state must not exceed $4.50 on each $100 of assessed valuation. The board of county commissioners shall discontinue any rate levied pursuant to this subsection on a date that will ensure that no taxes are collected for this purpose after the outstanding obligations of the hospital district have been paid in full.
3. If, at the time of the dissolution of the hospital district, there are any outstanding loans, bonded indebtedness or other obligations of the hospital district, including, without limitation, unpaid obligations to organizations such as the public employees retirement system, unpaid salaries or unpaid loans made to the hospital district by the county, the taxes being levied in the district at the time of dissolution must continue to be levied and collected in the same manner as if the hospital district had not been dissolved until all outstanding obligations of the district have been paid in full, but for all other purposes the hospital district shall be deemed dissolved from the time the resolution is filed pursuant to subsection 1.
4. If the hospital district is being managed by the department of taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the management ceases upon dissolution but the board of county commissioners shall continue to make such financial reports to the department of taxation as the department deems necessary until all outstanding obligations of the hospital district have been paid in full.
5. The property of the dissolved hospital district may be retained by the board of county commissioners for use as a hospital or disposed of in any manner the board deems appropriate. Any proceeds of the sale or other transfer of the property of the dissolved hospital district and any proceeds from taxes which had been levied and received by the hospital district before dissolution, whether levied for operating purposes or for the repayment of debt, must be used by the board of county commissioners to repay any indebtedness of the hospital district.
Sec. 2. NRS 354.59811 is hereby amended to read as follows:
354.59811 Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 [,] and section 1 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
κ1999 Statutes of Nevada, Page 88 (Chapter 38, AB 275)κ
after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 3. NRS 354.695 is hereby amended to read as follows:
354.695 1. As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:
(a) Establish and implement a management policy and a financing plan for the local government;
(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;
(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;
(d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;
(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;
(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;
κ1999 Statutes of Nevada, Page 89 (Chapter 38, AB 275)κ
(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;
(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;
(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;
(j) Meet with the creditors of the local government and formulate a debt liquidation program;
(k) Approve the issuance of bonds or other forms of indebtedness by the local government;
(l) Discharge any of the outstanding debts and obligations of the local government; and
(m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.
2. The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
3. The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.
4. Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.
5. The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.
6. [Once] Except as otherwise provided in section 1 of this act, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.
Sec. 4. NRS 361.453 is hereby amended to read as follows:
361.453 Except as otherwise provided in NRS 354.705 [,] and section 1 of this act, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.
Sec. 5. This act becomes effective upon passage and approval.
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κ1999 Statutes of Nevada, Page 90κ
Assembly Bill No. 2Committee on Education
CHAPTER 39
AN ACT relating to the transportation of pupils; revising provisions governing the authority of the boards of trustees of school districts to purchase tickets for the transportation of pupils on public buses; authorizing fully regulated carriers to provide reduced rates to the boards of trustees of school districts for the transportation of pupils; and providing other matters properly relating thereto.
[Approved April 13, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.330 is hereby amended to read as follows:
392.330 1. In addition to the purposes authorized by NRS 392.320, a board of trustees may use transportation funds of the school district for:
(a) Arranging and paying for transportation, in accordance with subsection 2, by motor vehicles or otherwise, by contract or such other arrangement as the board of trustees finds most economical, expedient and feasible and for the best interests of the school district.
(b) Purchasing tickets at reduced rates for the transportation of pupils, including, without limitation, homeless pupils, on public buses for use by pupils enrolled in middle school, junior high school and high school to travel to and from school.
2. [Such transportation] Transportation may be arranged and contracted for by a board of trustees with:
(a) Any railroad company holding a certificate of public convenience and necessity issued by the public utilities commission of Nevada or bus company or other licensed common carrier holding a certificate of public convenience and necessity issued by the transportation services authority.
(b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils must be insured in the amount required by regulation of the state board against the loss and damage described in subsection 2 of NRS 392.320.
Sec. 2. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A fully regulated carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any pass, frank, free or reduced rates for transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit a fully regulated common carrier from giving free or reduced rates for transportation of persons to:
κ1999 Statutes of Nevada, Page 91 (Chapter 39, AB 2)κ
(a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 60 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.
(g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.
(h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
(i) Students of institutions of learning [.] , including, without limitation, homeless students, whether the free or reduced rate is given directly to a student or to the board of trustees of a school district on behalf of a student.
(j) Groups of persons participating in a tour for a purpose other than transportation.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.
5. This section does not prohibit the authority from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the authority to be in the public interest.
6. Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.
7. As used in this section, employees includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling to enter the service of such a carrier.
Sec. 3. This act becomes effective on July 1, 1999.
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κ1999 Statutes of Nevada, Page 92κ
Assembly Bill No. 58Assemblyman Beers
CHAPTER 40
AN ACT relating to the sale of real estate; authorizing licensed real estate broker-salesmen and real estate salesmen to use additional terms to refer to their licensed status; requiring certain information to be included in advertisements by licensees; and providing other matters properly relating thereto.
[Approved April 14, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person licensed as a real estate salesman may use the term real estate salesman, real estate saleswoman or real estate salesperson in the course of doing business.
2. A person licensed as a real estate broker-salesman may use the term real estate broker-salesman, real estate broker-saleswoman or real estate broker-salesperson in the course of doing business.
Sec. 3. 1. In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:
(a) If he is a real estate broker, disclose the name of any brokerage under which he does business; or
(b) If he is a real estate broker-salesman or real estate salesman, disclose the name of the broker with whom he is associated.
2. A real estate broker-salesman or real estate salesman shall not advertise solely under his own name when acting in the capacity as a broker-salesman or salesman. All such advertising must be under the direct supervision of and in the name of the broker with whom the broker-salesman or salesman is associated.
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κ1999 Statutes of Nevada, Page 93κ
Assembly Bill No. 20Committee on Judiciary
CHAPTER 41
AN ACT relating to the state judicial department; clarifying that judges of municipal courts and justices of the peace may not seek reelection if they were previously removed or retired from any judicial office; clarifying that a justice of the supreme court, district court judge, justice of the peace or municipal court judge is not ineligible to be a candidate for judicial office if a decision to remove or retire him from judicial office is pending appeal before the supreme court or has been overturned by the supreme court; and providing other matters properly relating thereto.
[Approved April 19, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.4653 is hereby amended to read as follows:
1.4653 1. The commission may remove, censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge:
(a) Has committed willful misconduct;
(b) Has willfully or persistently failed to perform the duties of his office; or
(c) Is habitually intemperate.
[A justice or judge removed pursuant to this subsection may not, unless the supreme court overturns the removal upon appeal, thereafter seek or hold judicial office within this state.]
2. The commission may censure or impose other forms of discipline on a justice or judge if the commission determines that the justice or judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.
3. The commission may retire a justice or judge if the commission determines that:
(a) The advanced age of the justice or judge interferes with the proper performance of his judicial duties; or
(b) The justice or judge suffers from a mental or physical disability that prevents the proper performance of his judicial duties and is likely to be permanent in nature.
4. As used in this section:
(a) Habitual intemperance means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.
(b) Willful misconduct includes:
(1) Conviction of a felony or of a misdemeanor involving moral turpitude;
(2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct;
(3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:
(I) Involves fraud or bad faith or amounts to a public offense; and
(II) Tends to corrupt or impair the administration of justice in a judicial proceeding; and
κ1999 Statutes of Nevada, Page 94 (Chapter 41, AB 20)κ
(4) Knowingly or deliberately swearing falsely in testimony before the commission or in documents submitted under oath to the commission.
Sec. 2. NRS 2.020 is hereby amended to read as follows:
2.020 1. A person shall not be a candidate for or be eligible to the office of justice of the supreme court:
[1.] (a) Unless he has attained the age of 25 years.
[2.] (b) Unless he is an attorney licensed and admitted to practice law in the courts of this state.
[3.] (c) Unless he is a qualified elector and has been a bona fide resident of this state for 2 years next preceding the election or appointment.
[4.] (d) If he has ever been removed from any judicial office by the legislature or removed or retired from any judicial office by the commission on judicial discipline.
2. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of justice of the supreme court if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
Sec. 3. NRS 3.060 is hereby amended to read as follows:
3.060 1. A person shall not be a candidate for or be eligible to the office of district judge:
[1.] (a) Unless he has attained the age of 25 years.
[2.] (b) Unless he is an attorney licensed and admitted to practice law in the courts of this state.
[3.] (c) Unless he is a qualified elector and has been a bona fide resident of this state for 2 years next preceding the election or appointment.
[4.] (d) If he has ever been removed from any judicial office by the legislature or removed or retired from any judicial office by the commission on judicial discipline.
2. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of district judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
Sec. 4. NRS 4.010 is hereby amended to read as follows:
4.010 1. A person [who is] shall not be a [qualified elector is not] candidate for or be eligible to the office of justice of the peace [.] unless he is a qualified elector and has never been removed or retired from any judicial office by the commission on judicial discipline. For the purposes of this subsection, a person shall not be ineligible to be a candidate for the office of justice of the peace if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
2. A justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state. A justice of the peace in a township whose population is less than 250,000 must have a high school diploma or its equivalent as determined by the state board of education.
3. Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 1987.
κ1999 Statutes of Nevada, Page 95 (Chapter 41, AB 20)κ
Sec. 5. NRS 5.020 is hereby amended to read as follows:
5.020 1. Except as otherwise provided in subsection 2, each municipal judge must be chosen by the electors of the city within which the municipal court is established on a day to be fixed by the governing body of that city. He shall hold his office for 1 year, unless a longer period is fixed by the charter of the city, in which case he shall hold his office for that longer period. Before entering upon his duties , a municipal judge shall take the constitutional oath of office. A municipal judge must:
(a) Be a citizen of [the] this state;
(b) Except as otherwise provided in the charter of a city organized under a special charter, have been a bona fide resident of the city for not less than 1 year next preceding his election; [and]
(c) Be a qualified elector in the city [.] ; and
(d) Not have ever been removed or retired from any judicial office by the commission on judicial discipline.
2. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.
3. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
Sec. 6. NRS 5.023 is hereby amended to read as follows:
5.023 1. The governing body of the city shall select a number of persons it determines appropriate to comprise a panel of substitute municipal judges. The persons selected must not have ever been removed or retired from any judicial office by the commission on judicial discipline and must be:
(a) Members in good standing of the State Bar of Nevada;
(b) Adult residents of the city; or
(c) Justices of the peace of the county.
2. Whenever a municipal judge is disqualified from acting in a case pending in the municipal court or is unable to perform his duties because of his temporary sickness or absence, he shall, if necessary, appoint a person from the panel of substitute municipal judges to act in his place.
3. A person so appointed must take and subscribe to the official oath before acting as a municipal judge pro tempore. While acting in that capacity, he is entitled to receive a per diem salary set by the governing body. The annual sum expended for salaries of municipal judges pro tempore must not exceed the amount budgeted for that expense by the governing body.
4. If an appointment of a municipal judge pro tempore becomes necessary and the municipal judge fails or is unable to make the appointment, the mayor shall make the appointment from the panel of substitute municipal judges.
5. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge pro tempore if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
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κ1999 Statutes of Nevada, Page 96κ
Assembly Bill No. 85Committee on Judiciary
CHAPTER 42
AN ACT relating to crimes against property; making various changes to provisions concerning a merchant taking a person into custody and detaining him; and providing other matters properly relating thereto.
[Approved April 19, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 597.850 is hereby amended to read as follows:
597.850 1. As used in this section and in NRS 597.860 and 597.870:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages.
κ1999 Statutes of Nevada, Page 97 (Chapter 42, AB 85)κ
guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing division of the department of administration. The superintendent may charge a fee based on the cost for each copy of the notice supplied to any person.
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Assembly Bill No. 305Committee on Health and Human Services
CHAPTER 43
AN ACT relating to mental health; changing the name of the mental hygiene and mental retardation division of the department of human resources and the commission on mental health and mental retardation; changing the name of certain budget accounts and facilities of the division; and providing other matters properly relating thereto.
[Approved April 22, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.003 is hereby amended to read as follows:
433.003 The legislature hereby declares that it is the intent of this Title:
1. To eliminate [both] the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and
2. To charge the [mental hygiene and mental retardation division,] division of mental health and developmental services, and the division of child and family services, of the department with recognizing their duty to act in the best interests of their respective clients by placing them in the least restrictive environment.
Sec. 2. NRS 433.024 is hereby amended to read as follows:
433.024 Administrator means the administrator of the [mental hygiene and mental retardation] division.
Sec. 3. NRS 433.047 is hereby amended to read as follows:
433.047 Commission means the commission on mental health and [mental retardation.] developmental services.
Sec. 4. NRS 433.084 is hereby amended to read as follows:
433.084 Division means the [mental hygiene and mental retardation] division of mental health and developmental services of the department.
Sec. 5. NRS 433.233 is hereby amended to read as follows:
433.233 1. The division facilities providing mental health services are designated as:
(a) Nevada mental health institute;
(b) [Las Vegas mental health center;
κ1999 Statutes of Nevada, Page 98 (Chapter 43, AB 305)κ
(c) Henderson mental health center;
(d) Reno mental health center;
(e)] Southern Nevada adult mental health services;
(c) Rural clinics; and
[(f) The program for mentally disordered offenders.]
(d) Lakes Crossing center.
2. The division facilities providing services for mentally retarded persons are designated as:
(a) Desert [developmental center; and] regional center;
(b) Sierra [developmental center.] regional center; and
(c) Rural regional center.
3. Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.
Sec. 6. NRS 433.279 is hereby amended to read as follows:
433.279 1. The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians:
(a) Employed by the division, or other employees of the division who perform similar duties, but are classified differently.
(b) Employed by the division of child and family services of the department.
The program must be carried out in cooperation with the University and Community College System of Nevada.
2. A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, mental health-mental retardation technician means an employee of the [mental hygiene and mental retardation] division of mental health and developmental services or the division of child and family services who, for compensation or personal profit, [implements] carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons, and who has direct responsibility for:
(a) Administering or [implementing] carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.
κ1999 Statutes of Nevada, Page 99 (Chapter 43, AB 305)κ
Sec. 7. NRS 433.431 is hereby amended to read as follows:
433.431 As used in this section and NRS 433.434, 433.444 and 433.454, unless the context otherwise requires:
1. Client means any person who seeks, on his own or anothers initiative, and can benefit from care, treatment or training in a division facility.
2. Division facility means any unit or subunit operated by:
(a) The [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients; or
(b) The division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.
Sec. 8. NRS 433.461 is hereby amended to read as follows:
433.461 Facility means any:
1. Unit or subunit operated by the [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients.
2. Unit or subunit operated by the division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.
3. Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of clients.
Sec. 9. NRS 433.484 is hereby amended to read as follows:
433.484 Each client admitted for evaluation, treatment or training to a facility has the following rights [,] concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:
1. To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:
(a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:
(1) The client if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;
(2) The parent or guardian of a client under 18 years of age and not legally emancipated; or
(3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;
(b) An informed consent requires that the person whose consent is sought be adequately informed as to:
(1) The nature and consequences of the procedure;
(2) The reasonable risks, benefits and purposes of the procedure; and
(3) Alternative procedures available;
(c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;
κ1999 Statutes of Nevada, Page 100 (Chapter 43, AB 305)κ
(d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the clients record of treatment, subject to the provisions of paragraph (e); and
(e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.
2. To be free from the application of any mechanical restraint, except if prescribed by a physician. If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the clients record of treatment.
3. To consent to his transfer from one facility to another, except that the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department or his designee, or the administrator of the division of child and family services of the department or his designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the clients record of treatment and immediately forward a notice of the objection to the administrator who ordered the transfer, and the commission shall review the transfer pursuant to subsection 3 of NRS 433.534.
4. Other rights concerning care, treatment and training as may be specified by regulation of the commission.
Sec. 10. NRS 433.524 is hereby amended to read as follows:
433.524 1. A client may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:
(a) The client voluntarily agrees to perform the labor;
(b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the client;
(c) The person responsible for the clients treatment agrees to the plan of labor; and
(d) The amount of time or effort necessary to perform the labor is not excessive.
In no event may discharge or privileges be conditioned upon the performance of such labor.
2. A client who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.
κ1999 Statutes of Nevada, Page 101 (Chapter 43, AB 305)κ
3. A client who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from his labor.
4. The administrative officer of the facility may provide for compensation of a resident when he performs labor not governed by subsection 2 or 3.
5. This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.
6. One-half of any compensation paid to a client pursuant to this section is exempt from collection or retention as payment for services rendered by the [mental hygiene and mental retardation] division of mental health and developmental services of the department or its facilities, or by the division of child and family services of the department or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.
Sec. 11. NRS 433.538 is hereby amended to read as follows:
433.538 As used in this section and NRS 433.539 to 433.543, inclusive, unless the context otherwise requires:
1. Administrative officer means a person with overall executive and administrative responsibility for a division facility.
2. Client means any person who seeks, on his own or anothers initiative, and can benefit from care, treatment or training in a division facility.
3. Division facility means any unit or subunit operated by:
(a) The [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients; or
(b) The division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.
Sec. 12. NRS 433A.010 is hereby amended to read as follows:
433A.010 The provisions of this chapter apply to all mental health centers of the [mental hygiene and mental retardation] division of mental health and developmental services of the department and of the division of child and family services of the department. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.
Sec. 13. NRS 433A.013 is hereby amended to read as follows:
433A.013 Administrator means:
1. Except as otherwise provided in subsection 2, the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department.
2. Regarding the provision of services for the mental health of children pursuant to NRS 433B.010 to 433B.350, inclusive, the administrator of the division of child and family services of the department.
κ1999 Statutes of Nevada, Page 102 (Chapter 43, AB 305)κ
Sec. 14. NRS 433A.015 is hereby amended to read as follows:
433A.015 Division means:
1. Except as otherwise provided in subsection 2, the [mental hygiene and mental retardation] division of mental health and developmental services of the department.
2. Regarding the provision of services for the mental health of children pursuant to NRS 433B.010 to 433B.350, inclusive, the division of child and family services of the department.
Sec. 15. NRS 433A.016 is hereby amended to read as follows:
433A.016 Division facility means:
1. Except as otherwise provided in subsection 2, any unit or subunit operated by the [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care, treatment and training of clients.
2. Any unit or subunit operated by the division of child and family services of the department pursuant to NRS 433B.010 to 433B.350, inclusive.
Sec. 16. NRS 433A.017 is hereby amended to read as follows:
433A.017 Medical director means the chief medical officer of any program of the division [for mental health or mental retardation.] of mental health and developmental services of the department.
Sec. 17. NRS 433A.440 is hereby amended to read as follows:
433A.440 1. If any person involuntarily court-admitted to any division facility pursuant to NRS 433A.310 is found by the court not to be a resident of [the State of Nevada] this state and to be a resident of another [place,] state, he may be transferred to the state of his residence pursuant to NRS 433.444 if an appropriate institution of that state is willing to accept him.
2. The approval of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department must be obtained before any transfer is made pursuant to subsection 1.
Sec. 18. NRS 433B.090 is hereby amended to read as follows:
433B.090 Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in [the State of Nevada] this state and certified by the American Board of Psychiatry and Neurology;
2. A psychologist licensed to practice in this state;
3. A social worker who holds a masters degree in social work, is licensed by the state as a clinical social worker and is employed by the division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing in this state;
(b) Holds a masters degree in the field of psychiatric nursing; and
(c) Is employed by the division or the [mental hygiene and mental retardation] division of mental health and developmental services of the department; or
5. A marriage and family therapist licensed pursuant to chapter 641A of NRS.
κ1999 Statutes of Nevada, Page 103 (Chapter 43, AB 305)κ
Sec. 19. NRS 433B.130 is hereby amended to read as follows:
433B.130 1. The administrator shall:
(a) Administer, in accordance with the policies established by the commission, the programs of the division for the mental health of children.
(b) Appoint the administrative personnel necessary to operate the programs of the division for the mental health of children. The commission must approve the credentials, training and experience of deputy administrators and administrative officers appointed for this purpose.
(c) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.
2. If the administrator finds that it is necessary or desirable that any employee reside at a facility operated by the division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the governor.
3. The administrator may accept children referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
4. The administrator may enter into agreements with the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department for the care and treatment of clients of the division of child and family services at any facility operated by the division of mental [hygiene and mental retardation division.] health and developmental services.
Sec. 20. NRS 433B.140 is hereby amended to read as follows:
433B.140 The administrator shall:
1. Comply with any agreements made by the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department pursuant to NRS 433.444; and
2. Accept for admission to a division facility any resident child of this state for whom written permission for return and admission to a division facility was given by the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department pursuant to NRS 433.444.
Sec. 21. NRS 433B.190 is hereby amended to read as follows:
433B.190 1. The division shall adopt regulations to:
(a) Provide for a more detailed definition of abuse of a client, consistent with the general definition given in NRS 433B.340;
(b) Provide for a more detailed definition of neglect of a client, consistent with the general definition given in NRS 433B.340; and
(c) Establish policies and procedures for reporting the abuse or neglect of a client.
2. The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the [mental hygiene and mental retardation] division of mental health and developmental services of the department pursuant to NRS 433.331.
Sec. 22. NRS 176.156 is hereby amended to read as follows:
176.156 1. The division shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.
κ1999 Statutes of Nevada, Page 104 (Chapter 43, AB 305)κ
afford an opportunity to each party to object to factual errors and comment on the recommendations.
2. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to a law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, but not limited to, conducting hearings that are public in nature.
3. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill,
to provide any report or information to the division.
4. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 to 4, inclusive, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 23. NRS 178.415 is hereby amended to read as follows:
178.415 1. Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the division of mental [hygiene and mental retardation] health and developmental services of the department of human resources, to examine the defendant.
2. At a hearing in open court, the judge shall receive the report of the examination and shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one anothers witnesses.
3. The court shall then make and enter its finding of competence or incompetence.
Sec. 24. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant incompetent, and that he is dangerous to himself or to society or that commitment is required for a determination of his ability to attain competence, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources for detention and treatment at a secure facility operated by [the mental hygiene and mental retardation] that division.
κ1999 Statutes of Nevada, Page 105 (Chapter 43, AB 305)κ
2. The defendant must be held in such custody until a court orders his release or until he is returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
3. If the court finds the defendant incompetent but not dangerous to himself or to society, and finds that commitment is not required for a determination of the defendants ability to attain competence, the judge shall order the defendant to report to the administrator as an outpatient for treatment, if it might be beneficial, and for a determination of his ability to attain competence. The court may require the defendant to give bail for his periodic appearances before the administrator.
4. Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the sanity commission or, if the defendant is charged with a misdemeanor, the judge finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.
5. Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 3 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought after a period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has lapsed since the date of the alleged offense.
Sec. 25. NRS 178.435 is hereby amended to read as follows:
178.435 The expenses of the examination and of the transportation of the defendant to and from the custody of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources are in the first instance chargeable to the county or city from which he has been sent. But the county or city may recover the money from the estate of the defendant, from a relative legally bound to care for him or from the county or city of which he is a resident.
Sec. 26. NRS 178.450 is hereby amended to read as follows:
178.450 1. The administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.
2. The administrator shall notify in writing a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether , in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The administrator shall submit such a notification, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at monthly intervals thereafter.
κ1999 Statutes of Nevada, Page 106 (Chapter 43, AB 305)κ
recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial notification must be submitted within 6 months after the order and at 6-month intervals thereafter. If the administrators opinion about the defendant is that he is not of sufficient mentality to understand the nature of the charge against him and assist in his own defense, the administrator shall also include in the notice his opinion whether:
(a) There is a substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) The defendant is at that time a danger to himself or to society.
3. The notice may be informal, but must contain:
(a) The name of the defendant and the county or city to which he may be returned for further court action.
(b) The circumstances under which he was committed to the custody of the administrator and the duration of his hospitalization, or the circumstances under which he was ordered to report to the administrator as an outpatient.
Sec. 27. NRS 178.455 is hereby amended to read as follows:
178.455 1. The judge, upon receiving the written notice of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources that the defendant is of sufficient mentality to be placed upon trial or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future, shall, except as otherwise provided in subsection 4, within a period [of] not to exceed 20 days, impanel a sanity commission composed of three persons, each of whom is a psychiatrist or psychologist, but not including members of the medical staff of the [mental hygiene and mental retardation division,] division of mental health and developmental services, who , in the opinion of the judge , are qualified to examine the person with respect to his mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination , the commission shall return to the judge its reports in writing, which must be signed by the respective members of the commission and contain, [among other things,] without limitation, specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to understand the nature of the offense charged;
(b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.
κ1999 Statutes of Nevada, Page 107 (Chapter 43, AB 305)κ
3. Members of the sanity commission shall report individually. Copies of the reports must be sent to the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services to be incorporated in the medical record of the person, to the office of the district attorney, and to the counsel for the outpatient or person committed.
4. In the case of a person charged or convicted of a misdemeanor, the judge shall, upon receipt of the notice set forth in NRS 178.450 from the administrator of the [mental health and mental retardation division:] division of mental health and developmental services:
(a) Send a copy of the administrators notice to the prosecuting attorney and to the defendants counsel;
(b) Without the assistance of a sanity commission, hold a hearing, if one is requested within 10 days after the notice is sent pursuant to paragraph (a), at which the attorneys may examine the administrator on his determination; and
(c) Within 10 days after the hearing, if any, or 20 days after the notice is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 3 of NRS 178.460.
Sec. 28. NRS 178.460 is hereby amended to read as follows:
178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the reports of the sanity commission are sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the sanity commission on their reports.
2. Within 10 days after the hearing or 20 days after the reports are sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:
(a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to society.
3. If the judge finds the defendant:
(a) Competent, [he] the judge shall , within 10 days , forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and arrange for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The defendant must not be returned more than 30 days before the date set for the trial or pronouncement of judgment which must be within 60 days [of] after the receipt of the findings of the sanity commission, or if the case is a misdemeanor, within 60 days after the judge received the notice from the administrator pursuant to subsection 1 of NRS 178.455.
(b) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, [he] the judge shall recommit the defendant.
(c) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, [he] the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
κ1999 Statutes of Nevada, Page 108 (Chapter 43, AB 305)κ
foreseeable future and finds that he is not dangerous to himself or to society, [he] the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, [he] the judge shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.
4. No person who is committed under the provisions of this chapter may be held in the custody of the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources longer than the longest period of incarceration provided for the crime or crimes with which he is charged. Upon expiration of the period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.
Sec. 29. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission are entitled to receive reasonable compensation fixed by the judge impaneling the commission. The compensation is a charge against and must be paid by the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources upon an order therefor signed by the judge and submitted to the administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the [mental hygiene and mental retardation] division of mental health and developmental services out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.
Sec. 30. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources or his designee;
(b) The director of the department of prisons or his designee; and
(c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,
certifies that the prisoner was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.
κ1999 Statutes of Nevada, Page 109 (Chapter 43, AB 305)κ
3. The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or continue to be certified . [and no] No prisoner may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a prisoner before a panel for certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.
(m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 31. NRS 217.450 is hereby amended to read as follows:
217.450 1. The commission on mental health and [mental retardation] developmental services shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.
2. The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.
4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A basic allocation of $7,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.
κ1999 Statutes of Nevada, Page 110 (Chapter 43, AB 305)κ
(b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is 14,000 or more.
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 32. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department consists of a director and the following divisions:
(a) Aging services division.
(b) Health division.
(c) [Mental hygiene and mental retardation division.] Division of mental health and developmental services.
(d) Welfare division.
(e) Division of child and family services.
(f) Division of health care financing and policy.
3. The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
Sec. 33. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department consists of a director and the following divisions:
(a) Aging services division.
(b) Health division.
(c) [Mental hygiene and mental retardation division.] Division of mental health and developmental services.
(d) Welfare division.
(e) Division of child and family services.
3. The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
Sec. 34. NRS 232.303 is hereby amended to read as follows:
232.303 1. There is hereby created in the department a commission on mental health and [mental retardation] developmental services consisting of seven members appointed by the governor, at least three of whom have training or experience in dealing with mental retardation.
2. The governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this state, from a list of three candidates submitted by the Nevada Psychiatric Association;
(b) A psychologist licensed to practice in this state and experienced in clinical practice, from a list of four candidates two of whom are submitted by the Northern Nevada Association for Certified Psychologists and two of whom are submitted by the Southern Society for Certified Psychologists;
(c) A physician, other than a psychiatrist, licensed to practice medicine in this state and who has experience in dealing with mental retardation, from a list of three candidates submitted by the Nevada State Medical Association;
(d) A social worker who has a masters degree and has experience in dealing with mental illness or mental retardation, or both;
(e) A registered nurse licensed to practice in this state who has experience in dealing with mental illness or mental retardation, or both, from a list of three candidates submitted by the Nevada Nurses Association;
κ1999 Statutes of Nevada, Page 111 (Chapter 43, AB 305)κ
(f) A representative of the general public who has a special interest in the field of mental health; and
(g) A representative of the general public who has a special interest in the field of mental retardation.
3. The governor shall appoint the chairman of the commission from among its members.
4. After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a members term, the governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 35. NRS 232.306 is hereby amended to read as follows:
232.306 1. The commission shall meet at the call of the chairman at least 6 times but not more than 12 times a year. A meeting may last for more than 1 day. A majority of the members of the commission constitutes a quorum and is required to transact any business of the commission.
2. Each member of the commission is entitled to receive a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.
3. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. A person is ineligible for appointment to or continued service on the commission if he or his spouse owns an interest in or is employed by any enterprise or organization, whether or not conducted for profit, which derives 25 percent or more of its gross revenues from the [mental hygiene and mental retardation division.] division of mental health and developmental services.
Sec. 36. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, administrators of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The state welfare administrator;
(4) The administrator of the division of child and family services; and
(5) The administrator of the division of health care financing and policy.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 [, 447, 449 and] to 450 , inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
κ1999 Statutes of Nevada, Page 112 (Chapter 43, AB 305)κ
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the [mental hygiene and mental retardation division.] division of mental health and developmental services.
Sec. 37. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The state welfare administrator; and
(4) The administrator of the division of child and family services.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 [, 447, 449 and] to 450 , inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
κ1999 Statutes of Nevada, Page 113 (Chapter 43, AB 305)κ
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the [mental hygiene and mental retardation division.] division of mental health and developmental services.
Sec. 38. NRS 289.240 is hereby amended to read as follows:
289.240 Forensic technicians and correctional officers employed by the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources at facilities for mentally disordered offenders have the powers of peace officers when performing duties prescribed by the administrator of the division.
Sec. 39. NRS 353.351 is hereby amended to read as follows:
353.351 1. If the administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources determines that current claims exceed the amount of money available because revenue from billed services has not been collected, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.
2. The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.
3. An advance from the state general fund:
(a) May be approved by the director of the department of administration for the following budget accounts of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources:
(1) [Residential placement fund;
(2) Southern Nevada mental retardation services;] Rural regional center;
κ1999 Statutes of Nevada, Page 114 (Chapter 43, AB 305)κ
(2) Desert regional center; and
(3) [Northern Nevada mental retardation services.] Sierra regional center.
(b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.
4. Any money which is temporarily advanced from the state general fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.
Sec. 40. NRS 395.070 is hereby amended to read as follows:
395.070 1. The interagency panel is hereby created. The panel is responsible for making recommendations concerning the placement of persons with disabilities who are eligible to receive benefits pursuant to this chapter. The panel consists of:
(a) The administrator of the division of child and family services of the department of human resources;
(b) The administrator of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources;
(c) The director of the department of human resources; and
(d) The superintendent of public instruction.
2. A member of the panel may designate a person to represent him at any meeting of the panel. The person designated may exercise all the duties, rights and privileges of the member he represents.
3. The panel shall:
(a) Every time a person with a disability is to be placed pursuant to subsection 2 of NRS 395.010 in a foster home or residential facility, meet to determine the needs of the person and the availability of homes or facilities under the authority of the department of human resources after a joint evaluation of that person is completed by the department of education and the department of human resources;
(b) Determine the appropriate placement of the person, giving priority to homes or facilities under the authority of the department of human resources over any home or facility located outside of this state; and
(c) Make a recommendation concerning the placement of the person.
Sec. 41. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, residential facility for groups means an establishment that furnishes food, shelter, assistance and limited supervision to:
(a) Any aged, infirm, mentally retarded or handicapped person; or
(b) Four or more females during pregnancy or after delivery.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his own home;
(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or
(d) A facility funded by the welfare division or the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources.
κ1999 Statutes of Nevada, Page 115 (Chapter 43, AB 305)κ
Sec. 42. NRS 502.077 is hereby amended to read as follows:
502.077 1. The division shall issue special fishing permits to the administrative head of:
(a) The Nevada mental health institute;
(b) [The Las Vegas mental health center;] Southern Nevada adult mental health services;
(c) The Northern Nevada childrens home;
(d) The Southern Nevada childrens home;
(e) The Nevada youth training center;
(f) The Caliente youth center;
(g) The Spring Mountain Youth Camp;
(h) The China Spring Youth Camp;
(i) Any facility which provides temporary foster care for children who are not delinquent; and
(j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the commission,
for use only by the members, patients or children of such institutions or organizations.
2. The permits:
(a) Must be in the possession of the officer or employee who is supervising a member, patient or child while he is fishing.
(b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, if the officer or employee has a valid Nevada fishing license.
(c) Must be issued pursuant and subject to regulations prescribed by the commission.
(d) Must contain the words Nevada Special Fishing Permit and the number of the permit printed on the face of the permit.
(e) May authorize no more than 15 members, patients or children, respectively, to fish.
3. Each institution or organization shall pay to the division an annual fee of $15 for each permit issued to the institution or organization pursuant to this section. The division shall not issue more than two permits per year to each institution or organization.
4. It is unlawful for any person other than a member, patient or child in one of these organizations or institutions to fish with a permit issued by the division pursuant to this section.
Sec. 43. NRS 616A.205 is hereby amended to read as follows:
616A.205 Volunteer workers at a facility for inpatients of the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources, while acting under the direction or authorization of the supervisor of volunteer services of such a facility, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the facility, receiving a wage of $350 per month, and are entitled to the benefits of those chapters upon compliance therewith by the facility.
κ1999 Statutes of Nevada, Page 116 (Chapter 43, AB 305)κ
Sec. 44. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;
2. A chief, inspector , supervisor, commercial officer or trooper of the Nevada highway patrol;
3. A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;
4. An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety;
5. An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;
6. A member of the police department of the University and Community College System of Nevada;
7. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;
8. A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety; and
9. A forensic specialist or correctional officer employed by the [mental hygiene and mental retardation] division of mental health and developmental services of the department of human resources at facilities for mentally disordered offenders.
Sec. 45. 1. This section and sections 1 to 32, inclusive, 34, 35, 36, 38 to 44, inclusive, and 46 of this act become effective upon passage and approval.
2. Sections 33 and 37 of this act become effective at 12:01 a.m. on July 1, 1999.
3. Sections 32 and 36 of this act expire by limitation on July 1, 1999.
Sec. 46. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:
(a) Commission on mental health and mental retardation to commission on mental health and developmental services.
(b) Desert developmental center to desert regional center.
(c) Las Vegas mental health center to Southern Nevada adult mental health services.
(d) Mental hygiene and mental retardation division to division of mental health and developmental services.
(e) Northern Nevada mental retardation services to sierra regional center.
(f) Program for mentally disordered offenders to Lakes Crossing center.
(g) Residential placement fund to rural regional center.
κ1999 Statutes of Nevada, Page 117 (Chapter 43, AB 305)κ
(h) Sierra developmental center to sierra regional center.
(i) Southern Nevada mental retardation services to desert regional center.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:
(a) Commission on mental health and mental retardation to commission on mental health and developmental services.
(b) Desert developmental center to desert regional center.
(c) Las Vegas mental health center to Southern Nevada adult mental health services.
(d) Mental hygiene and mental retardation division to division of mental health and developmental services.
(e) Northern Nevada mental retardation services to sierra regional center.
(f) Program for mentally disordered offenders to Lakes Crossing center.
(g) Residential placement fund to rural regional center.
(h) Sierra developmental center to sierra regional center.
(i) Southern Nevada mental retardation services to desert regional center.
_______
Assembly Bill No. 353Committee on Judiciary
CHAPTER 44
AN ACT relating to crimes; revising provisions governing compensation provided to certain victims of crime so that residents of another state are treated the same as residents of this state; and providing other matters properly relating thereto.
[Approved April 22, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.220 is hereby amended to read as follows:
217.220 1. Except as otherwise provided in subsections 2 [, 3 and 4,] and 3 compensation must not be awarded if the victim:
(a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795;
(b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;
(c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victims injuries;
κ1999 Statutes of Nevada, Page 118 (Chapter 44, AB 353)κ
(d) [Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime;
(e)] Was injured or killed while serving a sentence of imprisonment in a prison or jail;
[(f)] (e) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or
[(g)] (f) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.
2. Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.
3. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.
4. The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:
(a) The value of the victims dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal to the victims annual salary.
Sec. 2. NRS 217.420 is hereby amended to read as follows:
217.420 To be eligible for a grant from the account for aid for victims of domestic violence, an applicant must:
1. Be a nonprofit corporation, incorporated or qualified in this state.
2. Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence.
3. Receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.
4. Provide its services exclusively for victims of domestic violence and only within this state . [for victims who are residents of this state.]
5. Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.
6. Provide its services without any discrimination on the basis of race, religion, color, age, sex, marital status, national origin or ancestry.
7. Be able to provide:
(a) Except in counties whose population is less than 100,000, shelter to victims on any day, at any hour.
κ1999 Statutes of Nevada, Page 119 (Chapter 44, AB 353)κ
(b) A telephone service capable of receiving emergency calls on any day, at any hour.
(c) Except in counties whose population is less than 100,000, facilities where food can be stored and prepared.
(d) Counseling, or make referrals for counseling, for victims or spouses of victims and their children.
(e) Assistance to victims in obtaining legal, medical, psychological or vocational help.
(f) Education and training for members of the community on matters which relate to domestic violence.
Sec. 3. NRS 217.450 is hereby amended to read as follows:
217.450 1. The commission on mental health and mental retardation shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.
2. The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.
4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A basic allocation of $7,000 must be made [to provide services for residents of] for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.
(b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is 14,000 or more.
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
________
κ1999 Statutes of Nevada, Page 120κ
Assembly Bill No. 140Committee on Health and Human Services
CHAPTER 45
AN ACT relating to mentally ill persons; clarifying the provisions governing the testimony that may be considered in a proceeding for the involuntary court-ordered admission of a mentally ill person to a mental health facility; and providing other matters properly relating thereto.
[Approved April 22, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433A.280 is hereby amended to read as follows:
433A.280 In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony , including , but not limited to , the testimony of examining personnel who participated in the evaluation of the person alleged to be mentally ill and the certificates of physicians or certified psychologists accompanying the petition. The court may consider testimony relating to any past actions of the person alleged to be mentally ill if such testimony is probative of the question of whether the person is presently mentally ill and presents a clear and present danger of harm to himself or others.
________
Assembly Bill No. 122Committee on Judiciary
CHAPTER 46
AN ACT relating to justices courts; requiring a justices court or a county to collect restitution ordered by the court; requiring that the money collected by a justices court or county for restitution be paid to the person named in the order or deposited to a fund for the compensation of victims of crime; and providing other matters properly relating thereto.
[Approved April 22, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a justice of the peace orders a defendant who is convicted of a misdemeanor to make restitution to a person named in the order, the justices court or the county in which the justices court is located shall collect the restitution paid by the defendant.
2. All money for restitution collected by a justices court or county pursuant to subsection 1 must be paid to the person named in the order in the manner set forth in the order.
κ1999 Statutes of Nevada, Page 121 (Chapter 46, AB 122)κ
3. If a justices court or county that has collected money for restitution pursuant to subsection 1 cannot, after a good faith effort, locate the person named in the order, it shall deposit the money in a fund for the compensation of victims of crime created by the office of the district attorney of the county in which the court is located.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 115Committee on Judiciary
CHAPTER 47
AN ACT relating to prisoners; authorizing a county or city to seek reimbursement of costs from a nonindigent prisoner sentenced to a program as an alternative to incarceration; and providing other matters properly relating thereto.
[Approved April 22, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Alternative program means a program to which a prisoner may be assigned as an alternative to incarceration.
Sec. 3. Prisoner means a person who has been convicted of a crime punishable pursuant to the laws of this state and:
1. Sentenced to a term of imprisonment in a county or city jail or detention facility, including a person sentenced as a condition of probation, but not including a person committed to a county jail pursuant to NRS 211.060; or
2. Assigned to an alternative program.
Sec. 4. NRS 211.241 is hereby amended to read as follows:
211.241 As used in NRS 211.241 to 211.249, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, [prisoner means a person who has been convicted and sentenced to a term of imprisonment in a county or city jail or detention facility for any crime punishable under the laws of this state, including a person sentenced as a condition of probation, but does not include a person who is committed to a county jail pursuant to NRS 211.060.] the words and terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 211.2415 is hereby amended to read as follows:
211.2415 1. A board of county commissioners or the governing body of an incorporated city may seek reimbursement from a nonindigent prisoner for expenses incurred by the county or city for [the] :
(a) The maintenance and support of the prisoner in a county or city jail or detention facility [,] to which the prisoner has been assigned, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed [.] ; or
κ1999 Statutes of Nevada, Page 122 (Chapter 47, SB 115)κ
(b) The administration of an alternative program to which the prisoner has been assigned, including, without limitation, the costs of supervising the prisoner in the program.
2. The amount of reimbursement sought by a county or city pursuant to paragraph (a) of subsection 1 must not exceed the actual cost per day for the maintenance and support of the prisoner and may include, without limitation, the costs of providing heating, air conditioning, food, clothing, bedding and medical care to a prisoner.
Sec. 6. NRS 211.243 is hereby amended to read as follows:
211.243 If a board of county commissioners or the governing body of an incorporated city so requests, the sheriff of the county, [or] the administrator of the department of detention of an incorporated city , [or] the person appointed to administer a city jail [,] or the administrator of an alternative program shall provide to the board or governing body a list which contains:
1. The name of each prisoner currently serving a term of imprisonment in the county or city jail or detention facility [;] , or currently assigned to an alternative program;
2. The length of the term of imprisonment or assignment to an alternative program of each prisoner, including the number of days served during a period of pretrial detention, if any;
3. The date of admission of each prisoner; and
4. All available information concerning the financial status of each prisoner.
Sec. 7. 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, [or] the administrator of the department of detention of an incorporated city , [or] 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 prisoners 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 to satisfy the written demand for reimbursement. Each hour of work 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.
Sec. 8. NRS 211.245 is hereby amended to read as follows:
211.245 1. If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this state seeking recovery of:
κ1999 Statutes of Nevada, Page 123 (Chapter 47, SB 115)κ
incorporated city may file a civil action in any court of competent jurisdiction within this state seeking recovery of:
(a) The amount of reimbursement due;
(b) Costs incurred in conducting an investigation of the financial status of the prisoner; and
(c) Attorneys fees and costs.
2. A civil action brought pursuant to this section must:
(a) Be instituted in the name of the county or city in which the jail , [or] detention facility or alternative program is located;
(b) Indicate the date and place of sentencing, including , without limitation, the name of the court which imposed the sentence;
(c) Include the record of judgment of conviction, if available;
(d) Indicate the length of time served by the prisoner and, if he has been released, the date of his release; and
(e) Indicate the amount of reimbursement that the prisoner owes to the county or city.
3. The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.
4. A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.
5. If necessary to prevent the disposition of the prisoners property by the prisoner, or his spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.
6. The payment, pursuant to a judicial order, of existing obligations for:
(a) Child support or alimony;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62.223, 176.059 and 176.062,
has priority over the payment of a judgment entered pursuant to this section.
Sec. 9. NRS 211.246 is hereby amended to read as follows:
211.246 1. A prisoner who is or was sentenced to a term of imprisonment in a county or city jail or detention facility or to an alternative program shall cooperate with the board of county commissioners or the governing body of an incorporated city in satisfying the reimbursement sought by the board or body pursuant to the provisions of NRS 211.241 to 211.249, inclusive.
2. A prisoner who willfully refuses to cooperate with the requirement of NRS 211.242 may not receive a reduction of or a credit on his term of imprisonment under any provision of this chapter.
κ1999 Statutes of Nevada, Page 124 (Chapter 47, SB 115)κ
Sec. 10. NRS 211.247 is hereby amended to read as follows:
211.247 The sheriff of the county , [or] the administrator of the department of detention of an incorporated city , [or] a person chosen to administer a city jail or the administrator of an alternative program shall provide the district attorney of the county or the city attorney of the incorporated city all information and assistance possible to enable the district or city attorney to secure reimbursement for the county or city pursuant to the provisions of NRS 211.241 to 211.249, inclusive.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 28Committee on Transportation
CHAPTER 48
AN ACT relating to the tax on special fuel; requiring the department of motor vehicles and public safety to prepare and submit a report to the legislature concerning the administration and enforcement of certain provisions relating to the tax on special fuel; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 366.110 is hereby amended to read as follows:
366.110 The department:
1. Shall enforce the provisions of this chapter.
2. May adopt and enforce regulations relating to the administration and enforcement of this chapter.
3. May determine whether any particular vehicle not specified in NRS 366.085 is special mobile equipment.
4. Shall, on or before March 1, 2001, prepare and submit a written report concerning the administration and enforcement, during the immediately preceding biennium, of the provisions of this chapter as those provisions relate to the use of special fuel, to the director of the legislative counsel bureau for transmittal to the 71st session of the legislature.
________
κ1999 Statutes of Nevada, Page 125κ
Assembly Bill No. 144Assemblymen Parnell and Dini
Joint Sponsor: Senator Jacobsen
CHAPTER 49
AN ACT relating to education; revising provisions governing patriotic observance in public schools; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.040 is hereby amended to read as follows:
389.040 [There shall be at least 1 hour set aside each school week in all graded schools and high schools in the State of Nevada for the purpose of holding patriotic exercises.] Each public school shall set aside appropriate time at the beginning of each school day for pupils to pledge their allegiance to the flag of the United States. In addition, each public school may set aside appropriate time during the school day for additional patriotic observance.
Sec. 2. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 167Assemblymen Hettrick, Beers, Goldwater, Cegavske, Chowning, Parks, de Braga, Price, Dini, Perkins and Giunchigliani
CHAPTER 50
AN ACT relating to residential facilities for groups; revising the definition of residential facilities for groups; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, residential facility for groups means an establishment that furnishes food, shelter, assistance and limited supervision to [:
(a) Any] an aged, infirm, mentally retarded or handicapped person . [; or
(b) Four or more females during pregnancy or after delivery.]
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his own home;
(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or
κ1999 Statutes of Nevada, Page 126 (Chapter 50, AB 167)κ
(d) A facility funded by [the welfare] a division or [the mental hygiene and mental retardation division] program of the department of human resources.
________
Assembly Bill No. 250Committee on Health and Human Services
CHAPTER 51
AN ACT relating to elderly persons; revising the provisions governing the duties of the specialist for the rights of elderly persons within the aging services division of the department of human resources; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 427A.123 to 427A.1236, inclusive, unless the context otherwise requires, elderly person means a person who is 60 years of age or older.
Sec. 2. NRS 427A.1234 is hereby amended to read as follows:
427A.1234 1. The specialist for the rights of elderly persons shall:
(a) Provide advocacy and education relating to the legal rights of elderly persons and shall facilitate the development of legal services to assist elderly persons in securing and maintaining their legal rights.
(b) Provide, upon request, technical assistance, training and other support relating to the legal rights of elderly persons to:
(1) An attorney who is providing legal services for an elderly person;
(2) An employee of a law enforcement agency;
(3) An advocate for residents of facilities for long‑term care;
(4) An employee of an office for protective services of any county; and
(5) An employee of the division.
(c) Review existing and proposed policies, legislation and regulations that affect elderly persons, and make recommendations as appropriate to the administrator.
(d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation and isolation of elderly persons to identify services that need to be provided, including, without limitation:
(1) Methods of intervening on behalf of an elderly person to protect the elderly person from abuse, neglect, exploitation or isolation; and
(2) Enforcing the laws of this state governing abuse, neglect, exploitation and isolation of elderly persons.
2. The specialist for the rights of elderly persons may:
[1.] (a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, [exploitation or] , neglect , exploitation or isolation of an elderly person.
κ1999 Statutes of Nevada, Page 127 (Chapter 51, AB 250)κ
[2.] (b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse , [or] neglect , exploitation or isolation of an elderly person.
[3.] (c) Represent and assist any incompetent person until a guardian is appointed for that person.
[4.] (d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation or isolation of an elderly person.
(e) Develop services relating to financial management for an elderly person who is at risk of having a guardian or conservator appointed by a court to manage his property.
(f) Appear as amicus curiae on behalf of elderly persons in any court in this state.
(g) Perform such other functions as are necessary to carry out his duties and the functions of his office.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 340Assemblymen Cegavske, Von Tobel, Berman, Angle, Giunchigliani, de Braga, Buckley, Evans, Ohrenschall, Gibbons, Segerblom, Leslie, McClain, Koivisto, Chowning, Tiffany, Parnell and Freeman
Joint Sponsors: Senators Wiener, Titus, Carlton, OConnell and Mathews
CHAPTER 52
AN ACT relating to married women; repealing certain obsolete provisions; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 111.110, 111.245, 133.030, 138.030 and 139.020 are hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 128κ
Assembly Bill No. 345Committee on Ways and Means
CHAPTER 53
AN ACT making a supplemental appropriation to the state distributive school account for additional anticipated expenses; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state distributive school account created by NRS 387.030 the sum of $17,900,000 for additional anticipated expenses. This appropriation is supplemental to that made by section 4 of chapter 246, Statutes of Nevada 1997, at page 873.
Sec. 2. Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 390Committee on Judiciary
CHAPTER 54
AN ACT relating to parole; requiring the department of prisons to determine the eligibility of a prisoner for parole, notify the state board of parole commissioners and provide data regarding the prisoner to the state board of parole commissioners; removing the requirement that a prisoner complete an application to be considered for parole; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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.
κ1999 Statutes of Nevada, Page 129 (Chapter 54, AB 390)κ
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 3 of NRS 213.130, requested to be notified of [an application] 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 offenders 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 3 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 or 484.3795;
(f) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(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.
κ1999 Statutes of Nevada, Page 130 (Chapter 54, AB 390)κ
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. 2. NRS 209.3925 is hereby amended to read as follows:
209.3925 1. Except as otherwise provided in subsection 6, the director may assign an 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, if:
(a) The director has reason to believe that the offender is:
(1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or
(2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department, verify, in writing, that the offender is:
(1) Physically incapacitated; or
(2) In ill health and expected to die within 12 months.
2. If the director intends to assign an offender to the custody of the division of parole and probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the department, the director shall notify:
(a) If the offender will reside within this state after he is released from the custody of the department, the board of county commissioners of the county in which the offender will reside; and
(b) The division of parole and probation.
3. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of [an application] the consideration of a prisoner for parole and has provided a current address, the division of parole and probation shall notify the victim that:
(a) The director intends to assign the offender to the custody of the division of parole and probation pursuant to this section; and
(b) The victim may submit documents to the division of parole and probation regarding such an assignment.
κ1999 Statutes of Nevada, Page 131 (Chapter 54, AB 390)κ
If a current address has not been provided by a victim as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if 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.
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. The director may not assign an offender to the custody of the division of parole and probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
7. 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. 3. NRS 213.1087 is hereby amended to read as follows:
213.1087 1. The term of office of each member of the board is 4 years.
2. Appointments to the board must be made by the governor within 60 days from the time any vacancy occurs.
3. Members of the board are in the unclassified service of the state. They shall devote their entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of their duties.
4. Any member of the board may administer an oath or affirmation to any person offering to testify [upon the hearing of an application] at a meeting to consider a prisoner for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify an affidavit or deposition to be used [upon such an application, either for or against it,] at a meeting to consider a prisoner for parole or in a parole revocation hearing.
κ1999 Statutes of Nevada, Page 132 (Chapter 54, AB 390)κ
against it,] at a meeting to consider a prisoner for parole or in a parole revocation hearing.
Sec. 4. NRS 213.130 is hereby amended to read as follows:
213.130 1. [A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. The application must be made on a form prescribed by the board and must contain:
(a) The county in which the prisoner will reside, if the prisoner will be paroled in Nevada; and
(b) Other data that will assist the board in determining whether parole should be granted.
The secretary of the board shall furnish any prisoner an application form upon request.] The department of prisons shall:
(a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;
(b) Notify the state board of parole commissioners of the eligibility of the prisoner to be considered for parole; and
(c) Before a meeting to consider the prisoner for parole, compile and provide to the board data that will assist the board in determining whether parole should be granted.
2. Meetings [for the purpose of considering applications] to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.
3. Not later than 5 days after the date on which the board fixes the date of the meeting to consider [the application of] a prisoner for parole, the board shall notify the victim of the prisoner [whose application] who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victims current address is otherwise known by the board. The victim of [any person applying] a prisoner being considered for parole may submit documents to the board and may testify at the meeting held to consider the [application. An application] prisoner for parole . A prisoner must not be considered for parole until the board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the board, the board must not be held responsible if such notification is not received by the victim.
4. The board may deliberate in private after a public meeting held to consider [an application] a prisoner for parole.
5. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
6. If a victim is notified of a meeting to consider [an application] a prisoner for parole pursuant to subsection 3, the board shall, upon making a final decision concerning the [application,] parole of the prisoner, notify the victim of its final decision.
7. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.
8. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
κ1999 Statutes of Nevada, Page 133 (Chapter 54, AB 390)κ
Sec. 5. NRS 213.133 is hereby amended to read as follows:
213.133 1. Except as otherwise provided in subsections 6 and 7, the board may delegate its authority to hear, consider and act upon [applications for] the parole of a prisoner and on any issue before the board to a panel consisting of:
(a) Two or more members of the board, two of whom constitute a quorum; or
(b) One member of the board who is assisted by a case hearing representative.
2. No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.
3. The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the board. Such action may be taken at a meeting of the board, or without a meeting by the delivery of written approval to the secretary of the board.
4. The degree of complexity of issues presented must be taken into account before the board makes any delegation of its authority and before it determines the extent of a delegation.
5. The board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.
6. A hearing [on an application for] concerning the parole of a prisoner or any decision on an issue involving a person:
(a) Who committed a capital offense;
(b) Who is serving a sentence of imprisonment for life;
(c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;
(d) Who is a habitual criminal; or
(e) Whose sentence has been commuted by the state board of pardons commissioners,
must be conducted by at least three members of the board, and action may be taken only with the concurrence of at least four members.
7. If a recommendation made by a panel deviates from the standards adopted by the board pursuant to NRS 213.10885 or the recommendation of the division, the chairman must concur in the recommendation.
Sec. 6. NRS 213.140 is hereby amended to read as follows:
213.140 1. [Whenever any] When a prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the board shall consider and may authorize his release on parole as provided in [NRS 213.110 and elsewhere in] this chapter . [, irrespective of whether he has applied to the board for parole. If the prisoner has not made such an application before any regular meeting of the board, the secretary of the board shall prepare the application and present it to the board.] The board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.
2. If the release of a prisoner on parole is authorized by the board, the division shall:
(a) Review and, if appropriate, approve each prisoners proposed plan for placement upon release; or
κ1999 Statutes of Nevada, Page 134 (Chapter 54, AB 390)κ
(b) If his plan is not approved by the division, assist the prisoner to develop a plan for his placement upon release,
before he is released on parole. The prisoners proposed plan must identify the county in which the prisoner will reside if the prisoner will be paroled in Nevada.
3. The board may adopt any regulations necessary or convenient to carry out this section.
Sec. 7. NRS 213.142 is hereby amended to read as follows:
213.142 1. Upon denying [an application for parole,] the parole of a prisoner, the board shall schedule a rehearing. The date on which the rehearing is to be held is within the discretion of the board, but, except as otherwise provided in subsection 2, the elapsed time between hearings must not exceed 3 years.
2. If the prisoner [applying] who is being considered for parole has more than 10 years remaining on the term of his sentence, not including any credits which may be allowed against his sentence, when the board denies his [application,] parole, the elapsed time between hearings must not exceed 5 years.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 391Committee on Judiciary
CHAPTER 55
AN ACT relating to prisoners; making technical corrections to the statutes concerning credits against the sentences of certain prisoners; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.433 is hereby amended to read as follows:
209.433 1. Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. [The mode of reckoning credits must be as shown in the following table:SCHEDULE OF CREDITS
κ1999 Statutes of Nevada, Page 135 (Chapter 55, AB 391)κ
SCHEDULE OF CREDITS
Number of years Good time Time to be served
of sentence. granted. Total good time made. if full time is made.
1st year 2 months 2 months 10 months
2nd year 2 months 4 months 1 year, 8 months
3rd year 4 months 8 months 2 years, 4 months
4th year 4 months 1 year 3 years
5th year 5 months 1 year, 5 months 3 years, 7 months
6th year 5 months 1 year, 10 months 4 years, 2 months
7th year 5 months 2 years, 3 months 4 years, 9 months
8th year 5 months 2 years, 8 months 5 years, 4 months
9th year 5 months 3 years, 1 month 5 years, 11 months
10th year 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
3.] In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
[4.] 3. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or [3] 2 as determined by the director.
Sec. 2. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; and
(b) For the period he is in residential confinement,
a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.
2. [Credits accumulate as shown in the following table:SCHEDULE OF CREDITS
κ1999 Statutes of Nevada, Page 136 (Chapter 55, AB 391)κ
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year 2 months 2 months
2 years 2 months 4 months
3 years 4 months 8 months
4 years 4 months 1 year
5 years 5 months 1 year, 5 months
6 years 5 months 1 year, 10 months
7 years 5 months 2 years, 3 months
8 years 5 months 2 years, 8 months
9 years 5 months 3 years, 1 month
10 years 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made] The credits earned by an offender must be deducted from the maximum term imposed by the sentence and, except as otherwise provided in subsection 5, [applies] apply to eligibility for parole.
3. In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.
5. Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 3. NRS 209.447 is hereby amended to read as follows:
209.447 1. An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. [Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.]
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
κ1999 Statutes of Nevada, Page 137 (Chapter 55, AB 391)κ
period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.448 and 209.449, be deducted from the maximum term imposed by the sentence.
5. The director shall maintain records of the credits to which each offender is entitled pursuant to this section.
Sec. 4. The amendatory provisions of this act do not affect any credits earned against the sentence of a person sentenced to imprisonment in the state prison for a crime committed before, on or after October 1, 1999.
________
Assembly Bill No. 649Committee on Judiciary
CHAPTER 56
AN ACT relating to older persons; removing certain obsolete provisions concerning certain protective services for older persons; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:
(a) The local office of the [welfare or] aging services division of the department of human resources;
(b) A police department or sheriffs office;
(c) The countys office for protective services, if one exists in the county where the suspected action occurred; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect, exploitation or isolation of an older person involves an act or omission of the [welfare division,] aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:
κ1999 Statutes of Nevada, Page 138 (Chapter 56, AB 649)κ
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(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 the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
κ1999 Statutes of Nevada, Page 139 (Chapter 56, AB 649)κ
6. If the investigation of the report results in the belief that the older person is abused, neglected, exploited or isolated, the [welfare] aging services division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 200.50984 is hereby amended to read as follows:
200.50984 1. Notwithstanding any other statute to the contrary, the local office of the [welfare] aging services division of the department of human resources and a countys office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that persons medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the [welfare] aging services division or the countys office for protective services shall obtain the consent of the older person before inspecting those records. If the [welfare] aging services division or the countys office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the [welfare] aging services division or the countys office for protective services shall obtain the consent of the guardian before inspecting those records. If the [welfare] aging services division or the countys office for protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
Sec. 3. NRS 200.50986 is hereby amended to read as follows:
200.50986 The local office of the [welfare] aging services division or the countys office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the [welfare] aging services division or the countys office of protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5095 to 200.50995, inclusive.
Sec. 4. This act becomes effective at 12:01 a.m. on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 140κ
Senate Bill No. 146Senators Titus, Amodei, Mathews, ODonnell, Porter, Raggio, Rawson and Shaffer
CHAPTER 57
AN ACT relating to crimes; providing an enhanced penalty for the assault or battery of a taxicab driver; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
(b) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail; or
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph.
(c) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(d) Taxicab has the meaning ascribed to it in NRS 706.8816.
(e) Taxicab driver means a person who operates a taxicab.
(f) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the assault is committed upon an officer, a school employee , a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee , taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1999 Statutes of Nevada, Page 141 (Chapter 57, SB 146)κ
more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 2. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph.
(d) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(e) Taxicab has the meaning ascribed to it in NRS 706.8816.
(f) Taxicab driver means a person who operates a taxicab.
(g) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.
(c) If the battery is committed upon an officer, school employee , taxicab driver or transit operator and:
(1) The officer, school employee , taxicab driver or transit operator was performing his duty;
(2) The officer, school employee , taxicab driver or transit operator suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, school employee , taxicab driver or transit operator,
for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer, school employee , taxicab driver or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee , taxicab driver or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
κ1999 Statutes of Nevada, Page 142 (Chapter 57, SB 146)κ
taxicab driver or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.
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Senate Bill No. 347Senators Wiener, Washington, Care, Amodei, Coffin, James, Mathews, McGinness, Porter, Schneider, Shaffer and Titus
CHAPTER 58
AN ACT relating to guardianships; requiring a court to consider certain factors in determining whether a parent is qualified and suitable to act as guardian of a minor; requiring a court to consider certain factors in determining the best interests of a minor when asked to remove the guardian of the minor; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 159.061 is hereby amended to read as follows:
159.061 1. The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. In determining whether the parents of a minor, or either parent, is qualified and suitable, the court shall consider, without limitation:
(a) Which parent has physical custody of the minor;
κ1999 Statutes of Nevada, Page 143 (Chapter 58, SB 347)κ
(b) The ability of the parents or parent to provide for the basic needs of the child, including, without limitation, food, shelter, clothing and medical care;
(c) Whether the parents or parent has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months; and
(d) Whether the parents or parent has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the exploitation of a child.
2. Subject to the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.
3. In determining who is most suitable, the court shall give consideration, among other factors, to:
(a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.
(b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.
(c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.
(d) The relationship by blood or marriage of the proposed guardian to the proposed ward.
(e) Any recommendation made by a special master pursuant to NRS 159.0615.
Sec. 2. NRS 159.186 is hereby amended to read as follows:
159.186 1. Notwithstanding any other provision of law, if a guardian is appointed for a minor, except as otherwise provided in subsection [2,] 3, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the minor.
2. For the purposes of this section in determining the best interests of the minor, the court shall consider, without limitation:
(a) The ability of the present guardian to provide for the basic needs of the minor, including, without limitation, food, shelter, clothing and medical care;
(b) The safety of the home in which the minor is residing;
(c) The length of time that the minor has been in the care of the present guardian;
(d) The current well being of the minor, including whether the minor is prospering in the environment being provided by the present guardian;
(e) The emotional bond existing between the present guardian and the minor;
(f) If the person petitioning the court to replace the present guardian was previously removed from the care, custody or guardianship of the minor:
(1) The level of participation before the petition was filed by the petitioner in the welfare of the minor; and
κ1999 Statutes of Nevada, Page 144 (Chapter 58, SB 347)κ
(2) If applicable, whether the petitioner has received instruction in parenting, participated in a program of rehabilitation or undergone counseling for any problem or conduct that the court, in appointing the present guardian, considered as an indication of the previous unfitness of the petitioner; and
(g) The mental and physical health of the present guardian.
3. The court may remove the guardian of a minor or appoint another person as guardian if the guardian files a petition to resign his position as guardian.
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Senate Bill No. 361Committee on Judiciary
CHAPTER 59
AN ACT relating to writs of habeas corpus; specifying the circumstances under which a court may summarily dismiss a petition for a writ of habeas corpus; making various other changes to the provisions governing writs of habeas corpus; providing that credits against the sentence of an offender may be forfeited for the filing of a frivolous petition for a writ of habeas corpus; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 34.430 is hereby amended to read as follows:
34.430 1. [Within the period specified in an order by the district court or supreme court pursuant to] Except as otherwise provided in subsection 1 of NRS 34.745, the respondent shall serve upon the petitioner and file with the court a return and an answer [which] that must respond to the allegations of the petition [.] within 45 days or a longer period fixed by the judge or justice.
2. The return must state plainly and unequivocally whether the respondent has [or has not] the party in custody, or under his power or restraint. If the respondent has the petitioner in his custody or power, or under his restraint, he shall state the authority and cause of the imprisonment or restraint, setting forth with specificity the basis for custody.
3. If the petitioner is detained by virtue of any judgment, writ, warrant or [any] other written authority, a certified or exemplified copy must be annexed to the return.
4. If the respondent has the petitioner in his power or custody or under his restraint before or after the date of the writ of habeas corpus [,] but has transferred custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority the transfer took place.
5. The return must be signed by the respondent and, unless the respondent is a sworn public officer who makes the return in his official capacity, verified under oath or affirmation.
κ1999 Statutes of Nevada, Page 145 (Chapter 59, SB 361)κ
Sec. 2. NRS 34.570 is hereby amended to read as follows:
34.570 Until judgment is given on [the return,] a petition, the judge before whom any party may be brought on [such writ may commit] the petition may:
1. Commit him to the custody of the sheriff of the county [, or place] ; or
2. Place him in such care or under such custody as his age or circumstances may require.
Sec. 3. NRS 34.738 is hereby amended to read as follows:
34.738 1. A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of the district court for the county in which the petitioner is incarcerated.
2. A petition that is not filed in the district court for the appropriate county:
(a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and
(b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.
3. A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment . [unless the conviction occurred in the judicial district in which the petitioner is incarcerated.] If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.
Sec. 4. NRS 34.745 is hereby amended to read as follows:
34.745 1. If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the judge or justice shall order the [respondent] district attorney or the attorney general, whichever is appropriate, to:
(a) File:
(1) A response or an answer to the petition; and
(2) [A] If an evidentiary hearing is required pursuant to NRS 34.770, a return,
within 45 days or a longer period fixed by the judge or justice; or
(b) Take [such] other action [as] that the judge or justice deems appropriate.
2. If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the judge or justice shall order the attorney general to:
(a) File:
(1) A response or an answer to the petition; and
(2) A return,
within 45 days or a longer period fixed by the judge or justice.
(b) Take other action that the judge or justice deems appropriate.
κ1999 Statutes of Nevada, Page 146 (Chapter 59, SB 361)κ
3. An order entered pursuant to subsection 1 or 2 must be in substantially the following form, with appropriate modifications if the order is entered by a justice of the supreme court:
Case No. .........................
Dept. No. ........................
IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ..................
Petitioner,
v. ORDER
Respondent.
Petitioner filed a petition for a writ of habeas corpus on ............, 19.... The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of his liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive.
Dated ..................... , 19....
District Judge
A copy of the order must be served on the petitioner or his counsel, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
[3.] 4. If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence [,] and if it plainly appears from the face of the petition or an amended petition and [any] documents and exhibits that are annexed to it, or from [any of the] records of the court [,] that the petitioner is not entitled to relief [,] based on any of the grounds set forth in subsection 2 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.
[4.] 5. If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.
Sec. 5. NRS 209.451 is hereby amended to read as follows:
209.451 1. If an offender:
(a) Commits an assault upon his keeper or a foreman, officer, offender or other person, or otherwise endangers life;
κ1999 Statutes of Nevada, Page 147 (Chapter 59, SB 361)κ
(b) Is guilty of a flagrant disregard of the regulations of the department or of the terms and conditions of his residential confinement;
(c) Commits a misdemeanor, gross misdemeanor or felony; or
(d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:
(1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing his opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;
(2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or
(3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,
he forfeits all deductions of time earned by him before the commission of that offense or act, or forfeits such part of those deductions as the director considers just.
2. If an offender commits a serious violation of the regulations of the department or of the terms and conditions of his residential confinement or if an offender violates subsection 4 of NRS 209.367, he may forfeit all or part of such deductions, in the discretion of the director.
3. A forfeiture may be made only by the director after proof of the commission of an act prohibited pursuant to this section and notice to the offender in the manner prescribed in the regulations of the department. The decision of the director regarding a forfeiture is final.
4. The director may restore credits forfeited for such reasons as he considers proper.
5. As used in this section, civil action includes a petition for a writ of habeas corpus filed in state or federal court.
Sec. 6. The amendatory provisions of this act apply to post-conviction proceedings that are commenced on or after October 1, 1999.
________
κ1999 Statutes of Nevada, Page 148κ
Senate Bill No. 232Senators Porter, Rawson, Townsend, Schneider, Washington, Jacobsen, Amodei, Care, James, McGinness, Rhoads and Wiener
Joint Sponsor: Assemblywoman Segerblom
CHAPTER 60
AN ACT relating to children; requiring the division of child and family services of the department of human resources and private adoption agencies to disclose certain information to prospective adoptive parents; revising the amount of money that the division may charge for certain services it provides related to the placement of a child for adoption; providing a preference for the placement of siblings together; and providing other matters properly relating thereto.
[Approved April 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:
A child-placing agency shall, to the extent practicable, give preference to the placement of a child for adoption or permanent free care together with his siblings.
Sec. 2. NRS 127.152 is hereby amended to read as follows:
127.152 1. Except as otherwise provided in subsection 2, the division 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 or licensed child-placing agency; and
(b) Any information [regarding the medical and sociological history of the child] obtained by the division 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 adopted by the division for the disclosure of such information.
2. The report created pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.
Sec. 3. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS [127.230] 127.220 to 127.310, inclusive, and section 1 of this act, unless the context otherwise requires:
1. 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. 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.
κ1999 Statutes of Nevada, Page 149 (Chapter 60, SB 232)κ
3. Person includes a hospital.
4. 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. 4. NRS 127.275 is hereby amended to read as follows:
127.275 1. Except as otherwise provided in this section, the division shall, in accordance with NRS 232.464 , charge [,] reasonable fees for the services it provides 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, but must not exceed [$2,500.] 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 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 may waive or reduce any fee charged pursuant to this section if it 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 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 services provided by the division.
Sec. 5. NRS 128.110 is hereby amended to read as follows:
128.110 1. Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement.
2. If the child is placed in the custody and control of a person or agency qualified by the laws of this state to receive children for placement, the person or agency , [may,] in seeking to place the child [,] :
(a) May give preference to the placement of the child with any person related within the third degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
(b) Shall, if practicable, give preference to the placement of the child together with his siblings.
Sec. 6. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that [the] a child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
κ1999 Statutes of Nevada, Page 150 (Chapter 60, SB 232)κ
court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, 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 to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the childs 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.
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 courts attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
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.
If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.
________
κ1999 Statutes of Nevada, Page 151κ
Senate Bill No. 36Senator James (by request)
CHAPTER 61
AN ACT relating to taxation; revising the time within which a claim for a homeowners refund may be filed under the Senior Citizens Property Tax Assistance Act; advancing the date by which such a refund must be paid; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.838 is hereby amended to read as follows:
361.838 1. A claim may be filed with the assessor of the county in which the claimants home or mobile home lot is located between [January 15 and April 30,] February 1 and April 15, inclusive.
2. The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department or county assessor shall furnish the appropriate form to each claimant.
4. The county assessor shall, within [45] 30 days after receiving a claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property to which the claim applies, if applicable; and
(c) Submit the claim to the department.
5. The department shall not accept a claim submitted pursuant to subsection 4 after July 1.
Sec. 2. NRS 361.841 is hereby amended to read as follows:
361.841 1. The department shall examine each claim, granting or denying it, and if granted, shall determine the refund to which the claimant is entitled.
2. Upon examination, if:
(a) The claim is denied, the department shall so notify the claimant by first-class mail.
(b) The claim is granted, the department shall pay the refund to the claimant by [September 30.] August 15.
Sec. 3. This act becomes effective on January 1, 2000.
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κ1999 Statutes of Nevada, Page 152κ
Senate Bill No. 173Committee on Judiciary
CHAPTER 62
AN ACT relating to criminal procedure; revising the provisions governing discovery in criminal cases; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 174.234 is hereby amended to read as follows:
174.234 1. Except as otherwise provided in this section, not less than 5 judicial days before trial or at such other time as the court [may direct:] directs:
(a) If the defendant will be tried for one or more offenses that are punishable as a gross misdemeanor or felony:
(1) The defendant shall file and serve upon the prosecuting attorney a written notice containing the names and last known addresses of all witnesses the defendant intends to call during the case in chief of the defendant; and
[(b)] (2) The prosecuting attorney shall file and serve upon the defendant a written notice containing the names and last known addresses of all witnesses the prosecuting attorney intends to call during the case in chief of the state.
(b) If the defendant will not be tried for any offenses that are punishable as a gross misdemeanor or felony:
(1) The defendant shall file and serve upon the prosecuting attorney a written notice containing the name and last known address of any witness the defendant intends to call during the case in chief of the defendant whose name and last known address have not otherwise been provided to the prosecuting attorney pursuant to NRS 174.245; and
(2) The prosecuting attorney shall file and serve upon the defendant a written notice containing the name and last known address or place of employment of any witness the prosecuting attorney intends to call during the case in chief of the state whose name and last known address or place of employment have not otherwise been provided to the defendant pursuant to NRS 171.1965 or 174.235.
2. If the defendant will be tried for one or more offenses that are punishable as a gross misdemeanor or felony and a witness that a party intends to call during the case in chief of the state or during the case in chief of the defendant is expected to offer testimony as an expert witness, the party who intends to call that witness shall file and serve upon the opposing party, not less than 21 days before trial or at such other time as the court [may direct,] directs, a written notice containing:
(a) A brief statement regarding the subject matter on which the expert witness is expected to testify and the substance of his testimony;
(b) A copy of the curriculum vitae of the expert witness; and
(c) A copy of all reports made by or at the direction of the expert witness.
3. After complying with the provisions of subsections 1 and 2, each party has a continuing duty to file and serve upon the opposing party:
κ1999 Statutes of Nevada, Page 153 (Chapter 62, SB 173)κ
(a) Written notice of the names and last known addresses of any additional witnesses that the party intends to call during the case in chief of the state or during the case in chief of the defendant. A party shall file and serve written notice pursuant to this paragraph as soon as practicable after the party determines that he intends to call an additional witness during the case in chief of the state or during the case in chief of the defendant. The court shall prohibit an additional witness from testifying if the court determines that the party acted in bad faith by not including the witness on the written notice required pursuant to subsection 1.
(b) Any information relating to an expert witness that is required to be disclosed pursuant to subsection 2. A party shall provide information pursuant to this paragraph as soon as practicable after the party obtains that information. The court shall prohibit the party from introducing that information in evidence or shall prohibit the expert witness from testifying if the court determines that the party acted in bad faith by not timely disclosing that information pursuant to subsection 2.
4. Each party has a continuing duty to file and serve upon the opposing party any change in the last known address, or, if applicable, last known place of employment, of any witness that the party intends to call during the case in chief of the state or during the case in chief of the defendant as soon as practicable after the party obtains that information.
5. Upon a motion by either party or the witness, the court shall prohibit disclosure to the other party of the address of the witness if the court determines that disclosure of the address would create a substantial threat to the witness of bodily harm, intimidation, coercion or harassment. If the court prohibits disclosure of an address pursuant to this subsection, the court shall, upon the request of a party, provide the party or his attorney or agent with an opportunity to interview the witness in an environment that provides for protection of the witness.
[5.] 6. In addition to the sanctions and protective orders otherwise provided in subsections 3 and [4,] 5, the court may upon the request of a party:
(a) Order that disclosure pursuant to this section be denied, restricted or deferred pursuant to the provisions of NRS 174.275; or
(b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the failure to comply with the provisions of this section.
[6.] 7. A party is not entitled, pursuant to the provisions of this section, to the disclosure of the name or address of a witness or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the constitution or laws of this state or the Constitution of the United States.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 154κ
Senate Bill No. 202Committee on Transportation
CHAPTER 63
AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to file a certificate of delinquency on taxes, fees and assessments owed to the department; deleting an exemption provided for certain special fuel users from the requirement of obtaining a special fuel users license; providing that certain refunds owed to licensed special fuel users be credited against any debt owing to the department by such users; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If any tax, fee or assessment administered by the department is not paid when due, the department may, within 3 years after the date that the tax, fee or assessment was due, file for record a certificate in the office of any county recorder which states:
(a) The amount of the tax, fee or assessment and any interest or penalties due;
(b) The name and address of the person who is liable for the amount due as they appear on the records of the department; and
(c) That the department has complied with all procedures required by law for determining the amount due.
2. From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.
3. Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, as appropriate, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by him afterwards for 5 years, unless sooner released or otherwise discharged.
Sec. 3. 1. The department may release all or any portion of the property subject to a lien imposed by the department pursuant to section 2 of this act or subordinate the lien to other liens and encumbrances if the department determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
2. A certificate issued by the department stating that property has been released from a lien, or that a lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated.
κ1999 Statutes of Nevada, Page 155 (Chapter 63, SB 202)κ
Sec. 4. NRS 366.221 is hereby amended to read as follows:
366.221 1. Except as otherwise provided in subsection 2, [no] a special fuel users license [may be] is not required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having a declared gross weight of 26,000 pounds or less.
(d) Operators of unladen motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
[(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
(g) Private motor carriers of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(h) A private motor carrier of property which is used to attend livestock shows or sales.]
2. A person otherwise exempt pursuant to subsection 1 who does not purchase special fuel in this state in an amount commensurate with his consumption of special fuel in the propulsion of motor vehicles on the highways of this state shall secure a special fuel users license.
3. As used in this section, private motor carrier of property has the meaning ascribed to it in NRS 706.111.
Sec. 5. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed pursuant to this chapter, the excise tax, penalty or interest must be refunded to the person who paid the tax, penalty or interest. Except as otherwise provided in NRS 360.235, a written application for a refund, stating the specific grounds therefor, must be made within 36 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds must be made to a successor, assignee, estate or heir of the person if written application is made within the time limit.
3. Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the special fuel supplier or special fuel dealer.
4. All amounts refunded pursuant to the provisions of this chapter must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. [Licensed] A licensed special fuel [users] user operating interstate or off road, or both, who can prove to the satisfaction of the department that [their] his special fuel purchases in Nevada exceed [their] his use of the special fuel over the highways of this state for a certain quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 371, 482 or 706 of NRS and any balance may be refunded or credited to succeeding reports.
κ1999 Statutes of Nevada, Page 156 (Chapter 63, SB 202)κ
fees, taxes, penalties or interest applicable pursuant to chapter 371, 482 or 706 of NRS and any balance may be refunded or credited to succeeding reports.
6. A person who wishes to apply for a refund of the tax on special fuel paid by him pursuant to subsection 5 of NRS 366.207 must:
(a) Submit an application for the refund on a form prescribed by the department; and
(b) Establish to the satisfaction of the department that within a period of 6 months he purchased not less than 200 gallons of special fuel in this state which was used for a purpose that is exempt from the tax on special fuel pursuant to NRS 366.200.
The department shall refund to an applicant who complies with the provisions of this subsection a refund in an amount equal to the tax paid by that person when he purchased the special fuel.
________
Senate Bill No. 204Committee on Transportation
CHAPTER 64
AN ACT relating to historic preservation; authorizing the board of directors of the Las Vegas Valley water district to establish and maintain a desert preserve located in or within the vicinity of the Big Spring Archeological District; providing for the issuance of special license plates to support the desert preserve; imposing a fee for the issuance or renewal of those license plates; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection, the department shall, in cooperation with the board of directors of the Las Vegas Valley water district, design, prepare and issue license plates to support the desert preserve established by the board of directors of the Las Vegas Valley water district. The license plates may include any colors and designs that the department deems appropriate.
2. The department may issue license plates specified in subsection 1 for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to the provisions of NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to the provisions of this chapter. A person may request that personalized prestige license plates issued pursuant to the provisions of NRS 482.3667 be combined with license plates specified in subsection 1 if that person pays, in addition to the fees specified in subsections 3 and 4, the fees for the personalized prestige license plates.
3. The fee for license plates specified in subsection 1 is $35. The fee is in addition to any other applicable registration and license fees and motor vehicle privilege taxes. The license plates are renewable upon the payment of $10.
κ1999 Statutes of Nevada, Page 157 (Chapter 64, SB 204)κ
4. In addition to the fees for the license, registration and privilege taxes, a person who requests the issuance of license plates specified in subsection 1 must pay:
(a) For the initial issuance of the plates an additional fee of $25; and
(b) For each renewal of the plates an additional $20 to support the desert preserve specified in subsection 1.
5. The department shall deposit the fees collected pursuant to the provisions of subsection 4 with the state treasurer for credit to an account for the support of the desert preserve established by the board of directors of the Las Vegas Valley water district. On or before January 1, April 1, July 1 and October 1 of each year, the state controller shall distribute the money deposited in the account for the preceding quarter to the board of directors of the Las Vegas Valley water district.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix the license plates to another vehicle that meets the requirements of this section if the transfer and registration fees are paid pursuant to the provisions of this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return the plates to the department.
Sec. 2. NRS 482.2703 is hereby amended to read as follows:
482.2703 1. The director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and
(b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
2. The director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and
(b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
3. The director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.
4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.
5. All money collected from the issuance of sample license plates must be deposited in the state treasury for credit to the motor vehicle fund.
κ1999 Statutes of Nevada, Page 158 (Chapter 64, SB 204)κ
6. A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration............................................................... $5.00
For every substitute number plate or set of plates................................ 5.00
For every duplicate number plate or set of plates............................... 10.00
For every decal displaying a county name............................................... .50
For every other decal , [(] license plate sticker or tab [)] ...................... 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
4. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 4. Chapter 167, Statutes of Nevada 1947, as last amended by chapter 506, Statutes of Nevada 1997, at page 2404, is hereby amended by adding thereto a new section to be designated as section 29, immediately following section 28, to read as follows:
Sec. 29. 1. The board of directors may establish and maintain a desert preserve located in or within the vicinity of the Big Spring Archeological District. The preserve may include, without limitation:
(a) Exhibits demonstrating conservation, the use of water, horticulture or the history of Southern Nevada; and
(b) Any other features associated with the topography, geology or history of Nevada.
κ1999 Statutes of Nevada, Page 159 (Chapter 64, SB 204)κ
2. The board of directors may create a board of trustees to supervise the development of the desert preserve established pursuant to the provisions of subsection 1. If a board of trustees is created, the members of the board of trustees may:
(a) Enter into agreements to establish and maintain any exhibits, attractions or facilities for visitors included in the preserve; and
(b) Accept gifts, grants, contributions or donations of money or property for the establishment or management of the desert preserve.
3. To the greatest extent practicable, the board of directors and the board of trustees if created pursuant to the provisions of subsection 2, shall fund and operate the preserve with money received pursuant to the provisions of paragraph (b) of subsection 2.
Sec. 5. On or before October 1, 2003, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for the issuance of license plates pursuant to the provisions of section 1 of this act.
Sec. 6. The amendatory provisions of sections 1, 2 and 3 of this act expire by limitation on October 1, 2003, if on that date the department of motor vehicles and public safety has received less than 250 applications for the issuance of license plates pursuant to the provisions of section 1 of this act.
________
Senate Bill No. 217Committee on Government Affairs
CHAPTER 65
AN ACT relating to counties; authorizing each board of county commissioners by ordinance to establish, use and operate a wetlands mitigation bank; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county may by ordinance establish, use and operate a wetlands mitigation bank in accordance with the guidelines set forth in Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, as issued by the United States Army Corps of Engineers, Environmental Protection Agency, National Resources Conservation Service, Fish and Wildlife Service and National Marine Fisheries Service in 60 Federal Register 58,605 on November 28, 1995.
2. A board of county commissioners that establishes a mitigation bank pursuant to subsection 1 may enter into a cooperative agreement with a public agency or nonprofit organization for the operation of the mitigation bank.
3. As used in this section:
κ1999 Statutes of Nevada, Page 160 (Chapter 65, SB 217)κ
(a) Hydric soil means soil that, in its undrained condition, is saturated, flooded or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.
(b) Hydrophytic vegetation means a plant growing in:
(1) Water; or
(2) A substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.
(c) Mitigation bank means a system in which the creation, enhancement, restoration or preservation of wetlands is recognized by a regulatory agency as generating compensatory credits allowing the future development of other wetland sites.
(d) Public agency has the meaning ascribed to it in NRS 277.100.
(e) Wetland means land that:
(1) Has a predominance of hydric soil;
(2) Is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) Under normal circumstances does support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 268Committee on Transportation
CHAPTER 66
AN ACT relating to abandoned vehicles; making changes concerning the appraisal of an abandoned vehicle; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 487.240 is hereby amended to read as follows:
487.240 Upon receipt of a written request, the state agency shall have the vehicle appraised within 10 business days after receipt of the request.
________
κ1999 Statutes of Nevada, Page 161κ
Senate Bill No. 367Committee on Government Affairs
CHAPTER 67
AN ACT relating to deferred compensation; providing, in compliance with federal law, that all amounts of compensation deferred pursuant to the deferred compensation program for employees of political subdivisions and all property, rights and income relating thereto must be held in trust for the exclusive benefit of the participants in the program and their beneficiaries; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.430 is hereby amended to read as follows:
287.430 1. The governing body of a political subdivision may create an appropriate fund for administration of money and other assets resulting from compensation deferred under the program.
2. All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights [remain solely the property and rights of the political subdivision, subject only to the claims of its general creditors, until made available to the participants or] must, in accordance with 26 U.S.C. § 457(g), be held in trust for the exclusive benefit of the participants in the program and their beneficiaries.
Sec. 2. This act becomes effective upon passage and approval and applies retroactively to January 1, 1999.
________
Senate Bill No. 456Committee on Government Affairs
CHAPTER 68
AN ACT relating to public defenders; requiring the deputies of the public defender to be governed by the merit personnel system of the county in certain counties; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 260.040 is hereby amended to read as follows:
260.040 1. The compensation of the public defender must be fixed by the board of county commissioners. The public defender of any two or more counties must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 of this section and NRS 7.065.
2. The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
κ1999 Statutes of Nevada, Page 162 (Chapter 68, SB 456)κ
a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
3. The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.
4. The public defender and his deputies and assistant attorneys in a county whose population is less than 100,000 may engage in the private practice of law. Except as otherwise provided in this subsection, in any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law except as otherwise provided in NRS 7.065. An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.
5. The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.
6. In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.
________
Senate Bill No. 480Committee on Judiciary
CHAPTER 69
AN ACT relating to juries; exempting a victim of domestic violence who has a fictitious address from service as a grand or trial juror; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others except as otherwise provided in subsections 2 and 3, are exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.
(d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(e) Any officer or correctional officer employed by the department of prisons.
κ1999 Statutes of Nevada, Page 163 (Chapter 69, SB 480)κ
(f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.
(g) Any physician, optometrist or dentist who is licensed to practice in this state.
(h) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.
2. All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
3. A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 483Committee on Judiciary
CHAPTER 70
AN ACT relating to criminal procedure; allowing the use of certain affidavits at a preliminary examination or grand jury proceeding under certain circumstances; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.197 is hereby amended to read as follows:
171.197 1. If a witness resides outside this state or more than 100 miles from the place of a preliminary examination, his affidavit may be used at the preliminary examination [when] if it is necessary for the district attorney to establish as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or personal property; and
(b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.
2. If a financial institution does not maintain any principal or branch office within this state or if a financial institution that maintains a principal or branch office within this state does not maintain any such office within 100 miles of the place of a preliminary examination, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the preliminary examination if it is necessary for the district attorney to establish as an element of any offense that:
κ1999 Statutes of Nevada, Page 164 (Chapter 70, SB 483)κ
(a) When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or
(b) When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.
3. The district attorney shall provide either written or oral notice to the defendant, not less than 10 days before the scheduled preliminary examination, that he intends to use [the] an affidavit described in this section at the preliminary examination.
[3.] 4. If , at or before the time of the preliminary examination , the defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in [the affidavit;] an affidavit described in this section; and
(b) It is in the best interests of justice that the [witness] person who signed the affidavit be cross-examined,
the magistrate may order the district attorney to produce the [witness] person who signed the affidavit and may continue the examination for any time it deems reasonably necessary in order to receive such testimony.
Sec. 2. NRS 172.135 is hereby amended to read as follows:
172.135 1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them or furnished by legal documentary evidence or by the deposition of witnesses taken as provided in this Title, except that the grand jury may receive [an] any of the following:
(a) An affidavit or declaration from an expert witness or other person described in NRS 50.315 in lieu of his personal testimony or deposition . [and may receive an]
(b) An affidavit of an owner, possessor or occupant of real or personal property [pursuant to] or other person described in NRS 172.137 in lieu of his personal testimony or deposition.
2. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.
Sec. 3. NRS 172.137 is hereby amended to read as follows:
172.137 1. If a witness resides outside this state or more than 100 miles from the place of a grand jury proceeding, his affidavit may be used at the proceeding [when] if it is necessary for the district attorney to establish as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or personal property; and
(b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.
κ1999 Statutes of Nevada, Page 165 (Chapter 70, SB 483)κ
2. If a financial institution does not maintain any principal or branch office within this state or if a financial institution that maintains a principal or branch office within this state does not maintain any such office within 100 miles of the place of a grand jury proceeding, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the proceeding if it is necessary for the district attorney to establish as an element of any offense that:
(a) When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or
(b) When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.
3. If the defendant has been subpoenaed to appear before the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shall provide either written or oral notice to the defendant, within a reasonable time before the scheduled proceeding of the grand jury, that [the] an affidavit described in this section will be used at the proceeding.
[3.] 4. If , at or before the time of the proceeding , the defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in [the affidavit;] an affidavit described in this section; and
(b) It is in the best interests of justice that the [witness] person who signed the affidavit be examined or cross-examined,
the grand jury may request that the district attorney produce the [witness] person who signed the affidavit and may continue the proceeding for any time it deems reasonably necessary in order to receive such testimony.
Sec. 4. The amendatory provisions of this act apply to any criminal offense that is the subject of a preliminary examination or grand jury proceeding commenced on or after the effective date of this act, regardless of when the offense was committed.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 166κ
Senate Bill No. 498Committee on Government Affairs
CHAPTER 71
AN ACT relating to state financial administration; increasing the maximum 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 the unused leave of a former officer or employee; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 [$3,500] $8,000 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. 2. This act becomes effective on July 1, 1999.
________
Senate Bill No. 533Committee on Government Affairs
CHAPTER 72
AN ACT relating to governmental administration; authorizing a designee of the clerk of the state board of examiners to approve certain contracts on behalf of the board; and providing other matters properly relating thereto.
[Approved April 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
κ1999 Statutes of Nevada, Page 167 (Chapter 72, SB 533)κ
contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the state;
(2) Coverage for industrial insurance provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave; or
(6) Coverage for unemployment compensation provided by the state if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.
6. Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk or his designee to approve contracts which are:
(a) For amounts less than $5,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000.
(b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.
The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.
κ1999 Statutes of Nevada, Page 168 (Chapter 72, SB 533)κ
(c) Contracts executed by the housing division of the department of business and industry.
(d) Contracts executed by the state industrial insurance system.
(e) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
8. The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:
(a) Whether sufficient authority exists to expend the money required by the contract; and
(b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.
If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.
9. If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1999.
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Senate Bill No. 344Committee on Natural Resources
CHAPTER 73
AN ACT relating to state lands; revising the provisions governing the option of certain persons to purchase the mineral interests owned by the State of Nevada in certain trust lands; and providing other matters properly relating thereto.
[Approved May 3, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.333 is hereby amended to read as follows:
321.333 1. If in [any such] an action authorized by NRS 321.332 [,] it is determined that the State of Nevada has any interest in any minerals in [any such lands,] the lands which are the subject of the action, except the royalty provided for in NRS 321.300, any [such] person or his heirs, assigns or lawful successors [, bringing any such] bringing the action as plaintiff has the option for 1 year after the entry of final judgment in that action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in those lands, except the royalty authorized by NRS 321.300, at the fair market value of the [royalty] mineral interest as determined by the division.
2. If the option is exercised, payment for that mineral interest must be made to the state land registrar in cash within the period of the option and deposited in the fund which was the original beneficiary of those lands, and the state land registrar shall, upon the payment of the option price, deliver to the purchaser a deed from the State of Nevada conveying all of the states interest in the minerals in the lands involved in that action, except the royalty provided for in NRS 321.300.
κ1999 Statutes of Nevada, Page 169 (Chapter 73, SB 344)κ
interest in the minerals in the lands involved in that action, except the royalty provided for in NRS 321.300.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 352Committee on Human Resources and Facilities
CHAPTER 74
AN ACT relating to the support of children; prohibiting a stay of certain proceedings for the enforcement of child support; authorizing the issuance of additional orders in certain proceedings for the enforcement of child support; exempting the division of wildlife of the state department of conservation and natural resources from certain regulations relating to the submission of a statement concerning compliance with a court order for child support as a condition to the issuance or renewal of a license; and providing other matters properly relating thereto.
[Approved May 3, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise required by the provisions of this chapter, a court of this state:
1. Shall not stay a proceeding or refuse a hearing pursuant to NRS 425.382 to 425.3852, inclusive, because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody in this or any other state.
2. Shall hold a hearing pursuant to NRS 425.382 to 425.3852, inclusive, and may issue a support order pendente lite and, in aide thereof, require the obligor to give a bond for the prompt prosecution of the pending proceeding.
Sec. 2. NRS 425.3855 is hereby amended to read as follows:
425.3855 An order entered by a district court approving a recommendation for the support of a dependent child made by a master or an order entered by a district court pursuant to NRS 425.382 to 425.3852, inclusive, and section 1 of this act must contain the social security numbers of the parents or legal guardians of the child.
Sec. 3. NRS 425.520 is hereby amended to read as follows:
425.520 1. The welfare division shall prescribe, by regulation, a statement which must be submitted to an agency that issues a professional, occupational or recreational license, certificate or permit , other than the division of wildlife of the state department of conservation and natural resources, by an applicant for the issuance or renewal of such a license, certificate or permit.
2. The statement prescribed pursuant to subsection 1 must:
(a) Provide the applicant with an opportunity to indicate that:
(1) He is not subject to a court order for the support of a child;
(2) He is subject to a court order for the support of one or more children and is in compliance with the order or is in compliance with a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order; or
κ1999 Statutes of Nevada, Page 170 (Chapter 74, SB 352)κ
approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order; or
(3) He is subject to a court order for the support of one or more children and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order;
(b) Include a statement that the application for the issuance or renewal of the license, certificate or permit will be denied if the applicant does not indicate on the statement which of the provisions of paragraph (a) applies to the applicant; and
(c) Include a space for the signature of the applicant.
Sec. 4. Chapter 130 of NRS is hereby amended by adding thereto a new section to read as follows: