1999 Statutes of Nevada, Pages 395-712

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ê1999 Statutes of Nevada, Page 395 (Chapter 104, SB 62)ê

legislative counsel shall number the sections added by sections 128 to 134, inclusive, of this act consecutively beginning with NRS 104.901. The reserved numbers not so used are reserved for future use for similar purposes.

Sec. 174. 1. This section and section 173 of this act become effective upon passage and approval.

2. Sections 1 to 172, inclusive, of this act become effective on July 1, 2001.

3. A governmental agency affected by a provision of sections 1 to 172, inclusive, of this act may test or put into effect a required change before July 1, 2001, if the agency also allows action to be taken under the existing law until that date.

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CHAPTER 105, SB 453

Senate Bill No. 453–Committee on Judiciary

CHAPTER 105

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

[Approved May 11, 1999]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. Sections 54 and 71 of chapter 245, Statutes of Nevada 1991, at pages 543 and 551, respectively, are hereby amended to read respectively as follows:

Sec. 54. This chapter does not apply to common-interest communities or units located outside this state, but the provisions governing public offering statements (sections [106 to 113,] 109 to 116, inclusive, of this act) apply to all contracts for the disposition thereof signed in this state by any party unless exempt under subsection 2 of section 108 of this act.

Sec. 71. 1. Except in cases of amendments that may be executed by a declarant under subsection 6 of section 63 of this act or section 64 of this act , or by the association under section 40 [or 60,] of this act, subsection 4 of section 60 of this act, subsection 3 of section 62 [,] of this act, subsection 1 of section 66 of this act or section 67 of this act, or by certain units’ owners under subsection 2 of section 62 [or] of this act, subsection 1 of section 66 of this act, subsection 2 of section 67 of this act or subsection 2 of section 72 of this act, and except as limited by subsection 4, the declaration, including any plats and plans, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

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2. No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than 1 year after the amendment is recorded.

3. Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to section 66 of this act, must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

4. Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant’s rights, increase the number of units, change the boundaries of any unit, change the allocated interests of a unit or change the uses to which any unit is restricted, in the absence of unanimous consent of the units’ owners affected and the consent of a majority of the owners of the remaining units.

5. Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

2. Chapter 245, Statutes of Nevada 1991, at page 587, is hereby amended by adding thereto a new section to be designated as section 140.7, immediately following section 140.5, to read as follows:

Sec. 140.7. Section 25 of chapter 573, Statutes of Nevada 1993, at page 2362, is hereby amended to read as follows:

Sec. 25. NRS 116.2117 is hereby amended to read as follows:

116.2117 1. Except in cases of amendments that may be executed by a declarant under subsection 6 of NRS 116.2109 or NRS 116.211, or by the association under NRS 116.1107, subsection 4 of NRS 116.2106, subsection 3 of NRS 116.2108, subsection 1 of NRS 116.2112 or NRS 116.2113, or by certain units’ owners under subsection 2 of NRS 116.2108, subsection 1 of NRS 116.2112, subsection 2 of NRS 116.2113 or subsection 2 of NRS 116.2118, and except as limited by subsection 4, the declaration, including any plats and plans, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

2. No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than 1 year after the amendment is recorded.

3. Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to NRS 116.2112, must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

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ê1999 Statutes of Nevada, Page 397 (Chapter 105, SB 453)ê

must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

4. Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may [create or increase special declarant’s rights, increase the number of units,] change the boundaries of any unit, [change] the allocated interests of a unit or [change] the uses to which any unit is restricted, in the absence of unanimous consent of the units’ owners affected and the consent of a majority of the owners of the remaining units.

Sec. 2. Section 8 of chapter 9, Statutes of Nevada 1997, at page 9, is hereby amended to read as follows:

Sec. 8. NRS 205.380 is hereby amended to read as follows:

205.380 1. A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

(a) If the value of the thing or labor fraudulently obtained was $250 or more, 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 $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

(b) If the value of the thing or labor fraudulently obtained was less than $250, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender payment for rent or labor.

2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:

(a) Property which can be returned in the same condition in which it was originally received;

(b) Rent; or

(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,

stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section.

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ê1999 Statutes of Nevada, Page 398 (Chapter 105, SB 453)ê

must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.

4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:

The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:

1. If the value of the property, rent or labor fraudulently obtained was $250 or more, as a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year [nor] and a maximum term of not more than [10] 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

2. If the value of the property, rent or labor so fraudulently obtained was less than $250, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing [and micrographics] division of the department of administration, who may charge a fee based on the cost for each copy of the notice supplied to any person.

Sec. 3. Section 1 of chapter 21, Statutes of Nevada 1997, at page 58, is hereby amended to read as follows:

Section 1. NRS 277.185 is hereby amended to read as follows:

277.185 1. The agencies of this state, and the local governments within this state, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the department of taxation, the employment security division of the department of employment, training and rehabilitation, the state department of conservation and natural resources, the state industrial insurance system, and the counties and cities that require a business license.

2. On or before October 1 of each year, the executive director of the department of taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license.

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designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The secretary of state, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If he knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The director of the department of information technology shall assist in effecting the consolidation of the information and the creation of the forms.

3. The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada tax commission for a decision that is binding on all parties.

4. On or before February 15 of each year, the executive director of the department of taxation shall submit a report to the director of the legislative counsel bureau for presentation to the legislature. The report must include a summary of the annual meeting held during the immediately preceding year and any recommendations for proposed legislation.

5. The provisions of chapter 241 of NRS apply to a meeting held pursuant to this section. The executive director of the department of taxation shall provide members of the staff of the department of taxation to assist in complying with the requirements of chapter 241 of NRS.

Sec. 4. 1. Section 28 of chapter 66, Statutes of Nevada 1997, at page 129, is hereby amended to read as follows:

Sec. 28. 1. This section and sections 1 to 27, inclusive, of this act [becomes] become effective upon passage and approval.

2. Section 27.1 of this act becomes effective on June 27, 1997.

2. Chapter 66, Statutes of Nevada 1997, at page 129, is hereby amended by adding thereto a new section to be designated as section 27.1, immediately following section 27, to read as follows:

Sec. 27.1. Section 17.3 of chapter 587, Statutes of Nevada 1995, at page 2124, is hereby amended to read as follows:

Sec. 17.3. 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of sections 17.5 and 17.7 of this act. The administrator shall administer the fund.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.

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the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.

4. The state treasurer may disburse money from the fund only upon written order of the state controller.

5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for private carriers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for private carriers, or any costs associated with the fund.

7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

Sec. 5. Section 18 of chapter 106, Statutes of Nevada 1997, at page 208, is hereby amended to read as follows:

Sec. 18. Section 1 of Assembly Bill No. 105 of this session is hereby amended to read as follows:

Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:

The board may, by regulation, require each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter to complete not more than 12 hours per year of continuing education as a condition to the renewal of his certificate.

Sec. 6. Sections 1, 2 and 4 of chapter 133, Statutes of Nevada 1997, at pages 285, 286 and 287, respectively, are hereby amended to read respectively as follows:

Section 1. Section 53 of chapter 580, Statutes of Nevada 1995, at page 2010, is hereby amended to read as follows:

Sec. 53. NRS 616A.465 is hereby amended to read as follows:

616A.465 1. Except as otherwise provided in this section, the division shall [regulate insurers under] :

(a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS [and investigate] ; and

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(b) Investigate insurers regarding compliance with statutes and the division’s regulations.

2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers , authorizing private carriers pursuant to chapter 680A of NRS and certifying [self-insured employers, associations of self-insured public or private employers and third-party administrators] :

(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336 [,] ;

(b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive ; [,] and

3. The department of administration is responsible for contested claims relating to [workers’ compensation] industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The [system] administrator is responsible for administrative appeals pursuant to NRS 616B.215.

4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.

5. The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.

Sec. 2. Section 14 of chapter 580, Statutes of Nevada 1995, at page 2001, is hereby amended to read as follows:

Sec. 14. 1. Before a private carrier may provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS, the private carrier must be authorized by the commissioner pursuant to chapter 680A of NRS and maintain such security of the kind described in NRS 680A.120 and 680A.140 as may be required.

2. A private carrier shall not provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS as an unauthorized insurer pursuant to subsection 9 of NRS 680A.070.

Sec. 4. 1. This section and sections 1 and 2 of this act become effective on October 1, 1997.

2. Section 3 of this act becomes effective [at 12:01 a.m.] on July 1, 1999.

Sec. 7. Chapter 143, Statutes of Nevada 1997, at page 324, is hereby amended by adding thereto a new section to be designated as section 15, immediately following section 14, to read as follows:

Sec. 15. NRS 706.541 is hereby amended to read as follows:

706.541 1. Any person who elects to purchase a temporary permit pursuant to NRS 706.521 in lieu of causing a vehicle to be licensed pursuant to the provisions of NRS [366.220,] 482.482 or 706.481 shall secure a permit from a vendor authorized to issue those permits pursuant to NRS 481.051.

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licensed pursuant to the provisions of NRS [366.220,] 482.482 or 706.481 shall secure a permit from a vendor authorized to issue those permits pursuant to NRS 481.051.

2. If the person will not pass a vendor along his scheduled route, he shall secure the permit:

(a) Before entering this state; or

(b) From the nearest available vendor to his point of entry into this state.

3. If the person will pass a vendor along his scheduled route, he shall secure the permit from the first vendor located along that route.

Sec. 8. Section 18 of chapter 150, Statutes of Nevada 1997, at page 344, is hereby amended to read as follows:

Sec. 18. NRS 205.275 is hereby amended to read as follows:

205.275 1. A person [who,] commits an offense involving stolen property if the person, for his own gain [,] or to prevent the owner from again possessing his property, buys, receives, possesses or withholds [stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:] property:

(a) Knowing that [the goods or property were so obtained; or] it is stolen property; or

(b) Under such circumstances as should have caused a reasonable person to know that [the goods or property were so obtained,

is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal.] it is stolen property.

2. A person who commits an offense involving stolen property in violation of subsection 1:

(a) If the value of the property is less than $250, is guilty of a misdemeanor;

(b) If the value of the property is $250 or more but less than $2,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

(c) If the value of the property is $2,500 or more or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

3. In addition to any other penalty, the court shall order the person to pay restitution.

[2.] 4. A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.

5. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

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identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

[3. Except as otherwise provided in subsection 4, a person convicted of the offense specified in this section must not be condemned to imprisonment in the state prison, unless the thing bought, received, possessed or withheld has a value of $250 or more, but the person shall be punished as provided in cases of petit larceny.

4. If the thing bought, received, possessed or withheld is a firearm, regardless of its value, the person convicted of the offense specified in this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.]

6. For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.

7. As used in this section, “stolen property” means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.

Sec. 9. Section 62 of chapter 157, Statutes of Nevada 1997, at page 394, is hereby amended to read as follows:

Sec. 62. NRS 104.8206 is hereby amended to read as follows:

104.8206 1. If a [certificated] security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect:

(a) Any person may complete it by filling in the blanks as authorized; and

(b) Even though the blanks are incorrectly filled in, the security certificate as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness.

2. A complete [certificated] security certificate that has been improperly altered, even though fraudulently, remains enforceable, but only according to its original terms.

[3. If an initial transaction statement contains the signatures necessary to its validity but is incomplete in any other respect:

(a) Any person may complete it by filling in the blanks as authorized; and

(b) Even though the blanks are incorrectly filled in, the statement as completed is effective in favor of the person to whom it is sent if he purchased the security referred to therein for value and without notice of the incorrectness.

4. A complete initial transaction statement that has been improperly altered, even though fraudulently, is effective in favor of a purchaser to whom it has been sent but only according to its original terms.]

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Sec. 10. Section 1 of chapter 182, Statutes of Nevada 1997, at page 472, is hereby amended to read as follows:

Section 1. NRS 14.030 is hereby amended to read as follows:

14.030 1. If any such company, association or municipal corporation [shall fail] fails to appoint [such] a resident agent, or [fail] fails to file [such] a certificate of acceptance of appointment for 30 days after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate [shall be] is conclusive evidence of the fact so certified to be made a part of the return of service, [it shall be lawful to serve such] the company, association or municipal corporation may be served with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any [duly appointed and acting] deputy secretary of state, and such service [shall be] is valid to all intents and purposes. The copy must:

(a) Include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included.

(b) Be accompanied by a fee of $10.

The secretary of state shall keep a copy of the legal process received pursuant to this section in his office for at least 1 year after receipt thereof and shall make those records available for public inspection during normal business hours.

2. In all cases of such service , the defendant [shall have] has 40 days , [(] exclusive of the day of service , [)] within which to answer or plead.

3. Before such service [shall be] is authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the officers of such company, association or municipal corporation, and the facts showing that direct or personal service on, or notice to, such company, association or municipal corporation cannot be had.

4. If it [shall appear from such] appears from the affidavit that there is a last known address of such company, association or municipal corporation, or any known officers thereof, the plaintiff shall, in addition to and after such service on the secretary of state, mail or cause to be mailed to such company, association or municipal corporation, or to [such] the known officer, at such address, by registered or certified mail, a copy of the summons and a copy of the complaint, and in all such cases the defendant [shall have] has 40 days [from] after the date of [such] the mailing within which to appear in the action.

5. This section [shall be construed as giving] provides an additional [mode and] manner of serving process, and [as not affecting] does not affect the validity of any other valid service.

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Sec. 11. Sections 20 and 41 of chapter 203, Statutes of Nevada 1997, at pages 536 and 593, respectively, are hereby amended to read respectively as follows:

Sec. 20. Sections 11, 15, 18, 22 and 25 of chapter 501, Statutes of Nevada 1995, at pages 1652, 1655 and 1658, are hereby amended to read respectively as follows:

Sec. 11. NRS 632.320 is hereby amended to read as follows:

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

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

2. Is guilty of a felony or any offense [involving] :

(a) Involving moral turpitude [,] ; or

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

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

3. Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive.

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

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

6. Is mentally incompetent.

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

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

(b) [Procuring, or aiding, abetting, attempting, agreeing or offering to procure or assist at, a criminal abortion.

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

(d)] or certificate.

(e)] or holder of a certificate.

(d) Permitting or allowing another person to use his license or certificate [for the purpose of nursing the sick or afflicted.

(f)] to practice as a licensed practical nurse, registered nurse or nursing assistant.

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

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

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

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

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

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

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

12. Has [had] been disciplined in another state in connection with a license to practice nursing [suspended or revoked in another jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.] or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

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

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

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

Sec. 15. NRS 632.3425 is hereby amended to read as follows:

632.3425 A suspended license or certificate is subject to expiration and must be renewed as provided in NRS 632.341 or 632.342. Renewal does not entitle the licensee or nursing assistant to engage in activity which requires licensure or certification until the completion of the suspension.

Sec. 18. NRS 632.400 is hereby amended to read as follows:

632.400 1. The board shall render a decision on any complaint within 60 days after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to NRS 632.355 is the final hearing conducted by the hearing officer unless the board conducts a hearing with regard to the complaint.

2. The board shall [give immediate notice in writing of the ruling or decision to:

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(a) The applicant, licensee or holder of the certificate affected thereby.

(b) The party or parties by whom the complaint was made where the investigation or hearing was instituted by a complaint.

Written notice must be given by registered or certified mail addressed to the last known address of the applicant, licensee or holder of the certificate and party by whom the complaint was made.

3. If the ruling is to the prejudice of, or injuriously affects, the licensee or holder of the certificate, the board shall also state in the notice the date upon which the ruling or the decision becomes effective, which date must not be less than 30 days from and after the date of the notice.

4. The decision of the board does not take effect until 30 days after its date, and if notice of appeal and a demand for the transcript are served upon the board in accordance with the provisions of this chapter, then the stay remains in force and effect until the decision of the district court after hearing the appeal. If the aggrieved party fails to perfect his appeal, the stay automatically terminates.] notify the person of its decision in writing by certified mail, return receipt requested. The decision of the board becomes effective on the date the person receives the notice or on the date the board receives a notice from the United States Postal Service stating that the person refused to accept delivery or could not be located.

Sec. 22. 1. NRS 632.075, 632.260, [632.323,] 632.370 and 632.420 are hereby repealed.

2. NRS 632.323 is hereby repealed.

Sec. 25. Sections 11, 14 and 21 and subsection 2 of section 22 of this act become effective at 12:01 a.m. on October 1, 1995.

Sec. 41. 1. Sections 7, 28, [130.2,] 137, 147 and 155 of chapter 587, Statutes of Nevada 1995, at pages 2123, 2125, [2165,] 2168 and 2170, are hereby amended to read respectively as follows:

Sec. 7. In addition to the authority given the manager to determine and fix premium rates of employers pursuant to NRS 616.395 to 616.405, inclusive, the manager may by regulation establish a plan for classifying employers insured by the system who, because of the risks inherent in the businesses in which the employers are engaged, are reasonably likely to incur a greater number of claims for compensation pursuant to this chapter or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers.

Sec. 28. 1. The members of the board may meet throughout each year at the times and places specified by a call of the chairman or a majority of the board. The board may prescribe rules and regulations for its own management and government

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government. Three members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board. If a member of the board submits a claim against the subsequent injury fund for associations of self-insured public or private employers, that member shall not vote on or otherwise participate in the decision of the board concerning that claim.

2. The board shall administer the subsequent injury fund for associations of self-insured public or private employers in accordance with the provisions of sections 29, 30 and 31 of this act.

Sec. 137. Section [4 of chapter 22, Statutes of Nevada 1993, at page 43, is hereby amended to read as follows:] 26 of chapter 587, Statutes of Nevada 1993, at page 2457, is hereby amended to read as follows:

Sec. 26. Section 284.5 of Senate Bill No. 316 of this session is hereby amended to read as follows:

Sec. 284.5. Section 4 of Assembly Bill No. 342 of this session is hereby amended to read as follows:

Sec. 4. NRS 616.400 is hereby amended to read as follows:

616.400 1. Every employer insured by the system shall, at intervals established by the manager, furnish the system with a true and accurate payroll showing:

(a) The total amount paid to employees for services performed;

(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

together with the premium due thereon. The payroll and premium must be furnished to the system on or before the date established by the manager for the receipt of the payroll and premium.

2. In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [:

(a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.

(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.

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ê1999 Statutes of Nevada, Page 409 (Chapter 105, SB 453)ê

(d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.

3. Except as otherwise provided in this subsection, any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days. If an employer’s premiums are less than $300 in a given year, the premiums must be paid at intervals established by the manager.

4. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

5. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

7. The system may impose a penalty not to exceed 4 percent of the premiums which are due for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

8. To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

Sec. 147. 1. NRS 616.2213, 616.2214, 616.2215, 616.2216, 616.2217, 616.2225, 616.3445, 616.383, 616.387, 616.440, 616.450, 616.455, 616.460, 616.470, 616.475, 616.517, 616.518, 617.295 and 645.553, and sections 94, 95, 96 and 137 of chapter 580, Statutes of Nevada 1995, at pages 2028, 2029, 2030 and 2048, respectively, are hereby repealed.

2. Sections 158, 160 and 162 of chapter 265, Statutes of Nevada 1993, are hereby repealed.

Sec. 155. 1. This section and subsection 2 of section 147 of this act become effective on June 30, 1995.

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2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38, 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85, inclusive, 87 to [95,] 95.5, inclusive, 97, 99 to 103.5, inclusive, 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136, 137, 137.5, 146, 146.5, subsection 1 of section 147, 148, 149, 152 and 153 of this act become effective on July 1, 1995.

3. Sections 45, 77, 106 and 106.5 of this act become effective at 12:01 a.m. on July 1, 1995.

4. Sections 7, 17.3, 17.5, 17.7, 129.5, 130.2, 130.4, and 130.6 of this act become effective on July 1, 1999.

2. Chapter 587, Statutes of Nevada 1995, at page 2124, is hereby amended by adding thereto new sections to be designated as sections 17.3, 17.5 and 17.7, immediately following section 17, to read respectively as follows:

Sec. 17.3. 1. There is hereby established as a trust fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of sections 17.5 and 17.7 of this act. The administrator shall administer the fund.

3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.

4. The state treasurer may disburse money from the fund only upon written order of the state controller.

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Sec. 17.5. Except as otherwise provided in section 17.7 of this act:

1. If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund for private carriers in accordance with regulations adopted by the administrator.

2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund for private carriers in accordance with regulations adopted by the administrator.

3. As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to section 32 of this act.

4. To qualify under this section for reimbursement from the subsequent injury fund for private carriers, the private carrier must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

5. A private carrier shall notify the administrator of any possible claim against the subsequent injury fund for private carriers as soon as practicable, but not later than 100 weeks after the injury or death.

6. The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund for private carriers. The administrator shall notify the private carrier of his decision on such a claim within 90 days after the claim is received.

7. An appeal of any decision made concerning a claim against the subsequent injury fund for private carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

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Sec. 17.7. 1. A private carrier who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury fund for private carriers if:

(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer insured by a private carrier;

(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury fund for private carriers.

2. A private carrier shall notify the administrator of any possible claim against the subsequent injury fund for private carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later.

3. Chapter 587, Statutes of Nevada 1995, at page 2153, is hereby amended by adding thereto a new section to be designated as section 95.5, immediately following section 95, to read as follows:

Sec. 95.5. NRS 616.560 is hereby amended to read as follows:

616.560 1. If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable under this chapter or chapter 617 of NRS and, notwithstanding the provisions of NRS 616.370, receive payment from the employer for that injury:

(a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount paid by the employer.

(b) The insurer, or in the case of claims involving the uninsured employer’s claim fund or [the] a subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents receive compensation pursuant to the provisions of this chapter.

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise.

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ê1999 Statutes of Nevada, Page 413 (Chapter 105, SB 453)ê

a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

2. When an employee receives an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

(a) The injured employee, or in case of death his dependents, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

(b) If the injured employee, or in case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in case of claims involving the uninsured employers’ claim fund or [the] a subsequent injury fund the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.

3. When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer’s policy of uninsured or underinsured vehicle coverage:

(a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of proceeds received.

(b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in the case of claims involving the uninsured employers’ claim fund or [the] a subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

4. In any action or proceedings taken by the insurer or the administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the uninsured employers’ claim fund or [the] a subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible.

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ê1999 Statutes of Nevada, Page 414 (Chapter 105, SB 453)ê

subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.

5. In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

6. The lien provided for under subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers’ claim fund or [the] a subsequent injury fund for the injured employee and his dependents.

7. An injured employee, or in the case of death his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

8. Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:

(a) The injured employee or his dependents, or the attorney or representative of the injured employee or his dependents; and

(b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

9. An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

10. In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the administrator.

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ê1999 Statutes of Nevada, Page 415 (Chapter 105, SB 453)ê

receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:

Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.

If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.

11. For the purposes of calculating an employer’s premium, the employer’s account with the system must be credited with an amount equal to that recovered by the system from a third party pursuant to this section, less the system’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee’s claim.

12. As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

4. Chapter 587, Statutes of Nevada 1995, at page 2169, is hereby amended by adding thereto a new section to be designated as section 137.5, immediately following section 137, to read as follows:

Sec. 137.5. Section 106.5 of chapter 265, Statutes of Nevada 1993, at page 699, is hereby amended to read as follows:

Sec. 106.5. NRS 616.180 is hereby amended to read as follows:

616.180 1. The system may [, pursuant to the approval of the governor,] invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities and facilities and office buildings in this state. The system shall cooperate with the state public works board in all planning and construction undertaken by the system pursuant to this section.

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ê1999 Statutes of Nevada, Page 416 (Chapter 105, SB 453)ê

planning and construction undertaken by the system pursuant to this section. The system may occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the system may be rented only to other state agencies, departments, commissions, bureaus and officers.

2. The title of any real property purchased under the authority granted by subsection 1 must be examined and approved by the attorney general.

3. Any income derived from rentals must be accounted for separately and deposited in the appropriate account of the system.

4. The system may [, pursuant to the approval of the governor,] sell any real property acquired by it pursuant to the provisions of subsection 1. All money received by the system for the sale of such real property must be deposited in the state insurance fund.

5. Chapter 587, Statutes of Nevada 1995, at page 2170, is hereby amended by adding thereto a new section to be designated as section 146.5, immediately following section 146, to read as follows:

Sec. 146.5. Section 88 of chapter 580, Statutes of Nevada 1995, at page 2025, is hereby amended to read as follows:

Sec. 88. NRS 616.400 is hereby amended to read as follows:

616.400 1. Every employer insured by the system shall, at intervals established by the manager, furnish the system with a true and accurate payroll showing:

(a) The total amount paid to employees for services performed;

(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

together with the premium due thereon. The payroll and premium must be furnished to the system on or before the date established by the manager for the receipt of the payroll and premium.

2. [In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be the first $36,000 paid to the employee during the calendar year.

3. Except as otherwise provided in this subsection, any] Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance [for a period of more than 60 days. If an employer’s premiums are less than $300 in a given year, the premiums must be paid at intervals] at an interval established by the manager.

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ê1999 Statutes of Nevada, Page 417 (Chapter 105, SB 453)ê

$300 in a given year, the premiums must be paid at intervals] at an interval established by the manager.

[4.] 3. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

[5.] 4. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

[6.] 5. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

[7.] 6. The system may impose a penalty not to exceed [4] 10 percent of the premiums which are due for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

[8.] 7. To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

Sec. 12. 1. Section 6 of chapter 214, Statutes of Nevada 1997, at page 745, is hereby amended to read as follows:

Sec. 6. NRS 695C.330 is hereby amended to read as follows:

695C.330 1. The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the commissioner;

(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive [;] , or section 5 of this act;

(c) The health care plan does not furnish comprehensive health care services as provided for in subsection 1 of NRS 695C.030;

(d) The state board of health certifies to the commissioner that:

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ê1999 Statutes of Nevada, Page 418 (Chapter 105, SB 453)ê

(1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or

(2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;

(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs [under] pursuant to NRS 695C.110;

(g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise failed to [substantially] comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

3. [When] If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

4. [When] If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation [whatsoever.] of any kind. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees [will be] are afforded the greatest practical opportunity to obtain continuing coverage for health care.

2. Chapter 214, Statutes of Nevada 1997, at page 745, is hereby amended by adding thereto a new section to be designated as section 5.1, immediately following section 5, to read as follows:

Sec. 5.1. NRS 695C.050 is hereby amended to read as follows:

695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

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ê1999 Statutes of Nevada, Page 419 (Chapter 105, SB 453)ê

apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

3. Any health maintenance organization authorized pursuant to this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 , [and] section 4 of [this act] Assembly Bill No. 394 of this session and section 5 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

3. Chapter 214, Statutes of Nevada 1997, at page 746, is hereby amended by adding thereto a new section to be designated as section 6.1, immediately following section 6, to read as follows:

Sec. 6.1. Section 6 of chapter 412, Statutes of Nevada 1997, at page 1462, is hereby amended to read as follows:

Sec. 6. NRS 695C.330 is hereby amended to read as follows:

(c) The health care plan does not furnish comprehensive health care services as provided for in subsection 1 of NRS 695C.030;

(d) The state board of health certifies to the commissioner that:

(1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or

(2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;

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ê1999 Statutes of Nevada, Page 420 (Chapter 105, SB 453)ê

(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

(g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

4. Chapter 214, Statutes of Nevada 1997, at page 746, is hereby amended by adding thereto a new section to be designated as section 8, immediately following section 7, to read as follows:

Sec. 8. Section 5.1 of this act becomes effective at 12:02 a.m. on October 1, 1997.

Sec. 13. Section 5 of chapter 226, Statutes of Nevada 1997, at page 796, is hereby amended to read as follows:

Sec. 5. NRS 62.226 is hereby amended to read as follows:

62.226 1. Except as otherwise provided in subsection 3 [and NRS 62.227, whenever any] , whenever a child is found to have committed the unlawful act of [:

(a) Using, possessing, selling or distributing a controlled substance;

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ê1999 Statutes of Nevada, Page 421 (Chapter 105, SB 453)ê

(b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020; or

(c) Placing] placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or 206.330, the judge, or his authorized representative, may, if the child possesses a driver’s license, issue an order suspending the [child’s] driver’s license of the child for at least 90 days but not more than 2 years. If such an order is issued, the judge shall require the child to surrender his driver’s license to the court . [all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.]

2. If the child does not possess a driver’s license and the child is or will be eligible to [apply for] receive a driver’s license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver’s license for a period specified by the court [but not to exceed] which must be at least 90 days but not more than 2 years:

(a) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver’s license.

(b) After the date the child will be eligible to [apply for] receive a driver’s license, if the child is not eligible to [apply for] receive a license on the date of the order.

[The court shall, within 5 days after issuing the order, forward to the department a copy of the order.]

3. If a child is already the subject of a court order suspending or delaying the issuance of his driver’s license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

[4. The department of motor vehicles and public safety:

(a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.

(b) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child’s driving record but such a suspension must not be considered for the purpose of rating or underwriting.

(c) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.]

Sec. 14. Section 3 of chapter 229, Statutes of Nevada 1997, at page 826, is hereby amended to read as follows:

Sec. 3. NRS 202.350 is hereby amended to read as follows:

202.350 1. It is unlawful for a person within this state to:

(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or

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knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or

(b) Except as otherwise provided in subsection 4, carry concealed upon his person any:

(1) Explosive substance, other than ammunition or any components thereof;

(2) Dirk, dagger or machete;

(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

(4) Knife which is made an integral part of a belt buckle.

2. It is unlawful for a person to possess or use a:

(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or

(b) Machine gun or a silencer.

3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:

(a) For the first offense, of a gross misdemeanor.

(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.

4. Except as otherwise provided in this subsection and NRS 202.3653 to 202.369, inclusive, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife.

5. This section does not apply to:

(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.

(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

(d) Members of the Armed Forces of the United States when on duty.

6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

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upon the person possessing the license, authorization or permission.

8. As used in this section:

(a) “Concealed weapon” has the meaning ascribed to it in NRS 202.3653.

(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the public employees’ retirement system. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

[(b)] (d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

[(c)] (e) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

[(d)] (f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.

[(e)] (g) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

Sec. 15. Section 4 of chapter 232, Statutes of Nevada 1997, at page 833, is hereby amended to read as follows:

Sec. 4. NRS 62.080 is hereby amended to read as follows:

62.080 1. Except as otherwise provided in subsection 2 [if a child 14 years of age or older] and section 1 of this act, if:

(a) A child is charged with an offense [which] that would be a felony if committed by an adult [,] ; and

(b) The child was 14 years of age or older at the time he allegedly committed the offense,

the juvenile [division of the district] court, upon a motion by the district attorney and after a full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court [which] that would have jurisdiction to try the offense if committed by an adult . [, but a child must not be so certified unless he was 14 years of age or older at the time he allegedly committed the offense charged.]

2. If a child [14 years of age or older is] :

(a) Is charged with:

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(1) A sexual assault involving the use or threatened use of force or violence against the victim; or

[(b) Any offense]

(2) An offense or attempted offense involving the use or threatened use of a [deadly weapon or an attempt to commit such an offense, and the child was] firearm; and

(b) Was 14 years of age or older at the time he allegedly committed the offense , [charged,]

the juvenile [division of the district court, after] court, upon a motion by the district attorney and after a full investigation, shall certify the child for proper criminal proceedings to any court [which] that would have jurisdiction to try the offense if committed by an adult, unless the court specifically finds by clear and convincing evidence that the [child was not a principal actor in the offense or that exceptional circumstances exist because the] child’s actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile [division.

3. Except as otherwise provided in subsection 4, after such] court.

3. If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

4. If a child has been certified for [proper] criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile [division,] court, original jurisdiction of his person for that case [and any offense with which he is later charged] rests with the court [which would have jurisdiction of the offense if the offense were committed by an adult and he may thereafter] to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile [division] court only upon a showing of exceptional circumstances. If [a child is remanded to the juvenile division,] the child’s case is transferred back to the juvenile court, the judge of that [division] court shall determine whether the exceptional circumstances warrant accepting jurisdiction.

[4. If a child is certified as an adult pursuant to subsection 1, original jurisdiction of his person for any offense with which he is later charged does not rest with the court which would have jurisdiction of the offense if the offense were committed by an adult if the case that was transferred out of the juvenile division is dismissed or he is found not guilty of those charges.]

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Sec. 16. Section 3 of chapter 234, Statutes of Nevada 1997, at page 839, is hereby amended to read as follows:

Sec. 3. NRS 483.840 is hereby amended to read as follows:

483.840 1. The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

2. Identification cards do not authorize the operation of any motor vehicles.

3. Identification cards must include the following information concerning the holder:

(a) Name and sample signature of holder.

(b) [The] A unique identification number assigned to the holder [which must not be] that is not based on the holder’s social security number . [, if any.]

(d) Date of birth.

(e) Current address in this state.

(f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.

4. At the time of the issuance of the identification card, the department shall give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body.

Sec. 17. Section 2 of chapter 238, Statutes of Nevada 1997, at page 843, is hereby amended to read as follows:

Sec. 2. NRS 562.090 is hereby amended to read as follows:

562.090 1. Each member of the board is entitled to receive for his services $500 per year or a lesser amount if and as determined by a majority of the board.

2. Salaries and compensation must be paid from the state or county treasury in which the state sheep inspection account is located in the same manner as the salaries of state or county officers.

Sec. 18. Section 1 of chapter 255, Statutes of Nevada 1997, at page 899, is hereby amended to read as follows:

Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:

(a) Not more than $100, if the amount of the delinquency is less than $2,000.

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(b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.

2. A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take any or all of the following actions:

(a) Report the delinquency to reporting agencies that assemble or evaluate information concerning credit.

(b) Request that the court take appropriate action pursuant to subsection 3.

(c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.

3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take any or all of the following actions, in the following order of priority if practicable:

(a) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.

(b) Order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of his driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

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(c) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

4. Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:

(a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution.

(b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice’s court or district court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution.

(c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in an account, which is hereby created in the state treasury. The court administrator may use the money in the account only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this state.

(d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.

Sec. 19. Chapter 284, Statutes of Nevada 1997, at page 972, is hereby amended by adding thereto new sections to be designated as sections 28.1 and 28.2, immediately following section 28, to read respectively as follows:

Sec. 28.1. NRS 396.360 is hereby amended to read as follows:

396.360 The interest derived from the irreducible university fund [, together with all moneys paid as interest on deferred installments on purchase of lands described in NRS 396.350 which may be sold under contract as provided in NRS 321.240,] shall be and constitute a fund to be known as the contingent university fund.

Sec. 28.2. NRS 396.370 is hereby amended to read as follows:

396.370 1. The following money is hereby set aside and inviolably appropriated for the support and maintenance of the system, and must be paid out for the purposes designated by law creating the several funds:

(a) The interest derived from the investment of all money from the sale of the 90,000 acres of land granted to the State of Nevada by the Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503).

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ê1999 Statutes of Nevada, Page 428 (Chapter 105, SB 453)ê

Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503).

(b) The interest derived from the investment of all money from the sale of the 72 sections of land granted to the State of Nevada by the Act of Congress entitled “An act concerning certain Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university.

[(c) All money paid as interest on deferred installments on the purchase of lands named in this section which may be sold under contract as provided in NRS 321.240.]

2. Additional state maintenance and support of the system must be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.

Sec. 20. Sections 1 and 3 of chapter 285, Statutes of Nevada 1997, at page 973, are hereby amended to read respectively as follows:

Section 1. Section 158 of chapter 580, Statutes of Nevada 1995, at page 2051, is hereby amended to read as follows:

Sec. 158. 1. No insurer is required to issue to any particular employer a policy for industrial insurance.

2. The commissioner shall approve a plan submitted by the advisory organization for equitable apportionment among insurers of those persons who in good faith are entitled to insurance but who have not been accepted by an insurer. Every insurer shall participate in the plan. The commissioner shall adopt regulations to carry out the plan.

3. The advisory organization shall submit to the commissioner the rates, supplementary rate information and forms for policies for the plan at least 60 days before they become effective. The rates submitted to the commissioner must:

(a) Reflect the experience of the persons insured pursuant to the plan to the extent that those rates are actuarially appropriate.

(b) Be actuarially determined to ensure that the plan is self-sustaining.

4. The commissioner shall disapprove any rates for the plan which do not meet the standards of NRS 686B.050. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed pursuant to the procedures in NRS 686B.1775.

Sec. 3. [1. This section and section 2 of this act become] This act becomes effective upon passage and approval.

[2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.]

Sec. 21. Section 55 of chapter 286, Statutes of Nevada 1997, at page 1002, is hereby amended to read as follows:

Sec. 55. NRS 666.405 is hereby amended to read as follows:

666.405 1. Except as otherwise provided in this section, an out-of-state depository institution without a branch in Nevada, or an out-of-state holding company without a depository institution in Nevada, may acquire a Nevada depository institution and convert the institution to a branch of the out-of-state depository institution or depository institution of the out-of-state holding company.

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ê1999 Statutes of Nevada, Page 429 (Chapter 105, SB 453)ê

institution to a branch of the out-of-state depository institution or depository institution of the out-of-state holding company. If the Nevada depository institution is chartered after September 28, 1995, the Nevada depository institution may be so acquired only if it has been in existence for at least 5 years. 2. For the purposes of [this subsection, a] subsection 1:

(a) A depository institution chartered solely for the purpose of acquiring another depository institution [is considered] shall be deemed to have been in existence for the same period as the depository institution to be acquired, [so] as long as [it] the acquiring depository institution does not open for business at any time before the acquisition.

[2.] (b) A bank that was originally chartered as a corporation or limited‑liability company other than a depository institution shall be deemed to have been in existence for the period since a certificate of amendment of its articles of incorporation or organization was filed pursuant to NRS 659.035 to reorganize the corporation or limited‑liability company as a bank.

(c) A bank that was originally chartered as a Nevada depository institution other than a bank shall be deemed to have been in existence for the period since the original articles of incorporation or organization of the depository institution were filed with the secretary of state.

(d) If a Nevada depository institution becomes the successor in interest to the business of an out-of-state depository institution without a branch bank in this state that previously acquired a Nevada depository institution or to an out-of-state holding company without a branch bank in this state that previously acquired a Nevada depository institution, the commissioner shall include the period of existence of the original Nevada depository institution when determining the period of existence of the successor Nevada depository institution.

3. If the commissioner considers it necessary to protect depositors, creditors and other customers of a failing depository institution or a failing holding company which controls a depository institution, he may authorize the acquisition of the institution or company by, or its merger with, another institution or company regardless of the duration of existence of the failing depository institution or failing holding company.

[3.] 4. The restriction set forth in subsection 1 does not apply to an acquisition of, or merger between, affiliated depository institutions.

Sec. 22. Section 5 of chapter 312, Statutes of Nevada 1997, at page 1172, is hereby amended to read as follows:

Sec. 5. NRS 361.157 is hereby amended to read as follows:

361.157 1. When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of the lessee or user of the property is subject to taxation to the extent the

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for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of the lessee or user of the property is subject to taxation to the extent the:

(a) Portion of the property leased or used; and (b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user,

can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.

2. Subsection 1 does not apply to:

(a) Property located upon a public airport, park, market or fairground or any property owned by a public airport, unless the property owned by the public airport is not located upon the public airport and the property is leased, loaned or otherwise made available for purposes other than for the purposes of a public airport, including, without limitation, residential, commercial or industrial purposes;

(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

(d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;

(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation, whether or not the property is owned by the federal, state or a local government;

(g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;

(h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

(i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;

(j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;

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(k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons having low incomes;

(l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or

(m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.

3. Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.

4. As used in this section, the term “park” does not include a golf course.

Sec. 23. Sections 3, 17 and 23 of chapter 314, Statutes of Nevada 1997, at pages 1179, 1190 and 1193, respectively, are hereby amended to read respectively as follows:

Sec. 3. NRS 200.366 is hereby amended to read as follows:

200.366 1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the [victim’s] will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

2. Except as otherwise provided in subsection 3, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

(3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

(b) If no substantial bodily harm to the victim results [:

(1) By] , by imprisonment in the state prison [for] :

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

(2) [By imprisonment in the state prison for] For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

3. A person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

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(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

(b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison [for:

(1) Life] :

(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

(2) [A] For a definite term of [not less than 5 years nor more than 20 years, without the possibility of parole.] 20 years, with eligibility for parole beginning when a minimum of 5 years has been served.

(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.

Sec. 17. NRS 616B.374 is hereby amended to read as follows:

616B.374 1. Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor’s permit from the commissioner.

2. To obtain a solicitor’s permit, a person must file a written application with the commissioner. The application must include:

(a) The name, type and purposes of the association formed or proposed to be formed or financed;

(b) The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing, together with the fingerprints of each person so associated or to be associated, on forms furnished by the commissioner;

(c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

(d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;

(e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;

(f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;

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(g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;

(h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and

(i) Such additional pertinent information as the commissioner may reasonably require.

3. The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted.

A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.

4. A person who violates subsection 1 is guilty of a category D felony and shall be punished [by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] as provided in NRS 193.130.

5. The provisions of this section do not apply to:

(a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or

(b) A person who is employed by:

(1) Current members of an association; or

(2) Employers that are considering membership in an association,

whose primary duties do not include solicitation of potential members of the association.

Sec. 23. 1. This section and sections 2, [3,] 5 to 12, inclusive, and 14 to 22, inclusive, become effective on October 1, 1997.

2. [Section] Sections 3 and 4 of this act [becomes] become effective at 12:01 a.m. on October 1, 1997.

3. Sections 1 and 13 of this act become effective on July 1, 1998.

Sec. 24. Section 1 of chapter 330, Statutes of Nevada 1997, at page 1224, is hereby amended to read as follows:

Section 1. Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, only a public agency may exercise the power of eminent domain pursuant to the provisions of this chapter.

2. Except as otherwise provided in section 23 of Senate Bill No. 314 of this session, the power of eminent domain may be exercised by a person who is not a public agency pursuant to NRS 37.230 and subsections 6, 8, 10, 13 and 16 of NRS 37.010.

3. As used in this section, “public agency” means an agency or political subdivision of this state or the United States.

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Sec. 25. Section 2 of chapter 331, Statutes of Nevada 1997, at page 1225, is hereby amended to read as follows:

Sec. 2. NRS 213.400 is hereby amended to read as follows:

213.400 1. If an offender is absent, without authorization, from his residence, employment, treatment, including, but not limited to, medical treatment, or any other activity authorized by the division [:

1. He] , he shall be deemed an escaped prisoner [;] and shall be punished as provided in NRS 212.090.

2. The chief parole and probation officer may issue a warrant for [his arrest. A peace officer shall execute] the arrest of the offender. The warrant must be executed by a peace officer in the same manner as ordinary criminal process.

Sec. 26. Section 6 of chapter 345, Statutes of Nevada 1997, at page 1265, is hereby amended to read as follows:

Sec. 6. NRS 361A.031 is hereby amended to read as follows:

361A.031 1. “Converted to a higher use” means:

(a) A physical alteration of the surface of the property enabling it to be used for a higher use;

(b) The recording of a final map or parcel map which creates one or more parcels not intended for agricultural use;

(d) A change in zoning to a higher use made at the request of the owner.

2. The term does not apply to the property remaining after a portion of the parcel is converted to higher use pursuant to paragraph (b) or (c) of subsection 1 if the remaining portion continues to qualify as agricultural real property.

3. The term does not include leasing the land to or otherwise permitting the land to be used by an agricultural association formed pursuant to chapter 547 of NRS.

4. As used in this section:

(a) “Final map” has the meaning ascribed to it in NRS 278.0145.

(b) “Parcel map” has the meaning ascribed to it in NRS 278.017.

Sec. 27. Section 2 of chapter 355, Statutes of Nevada 1997, at page 1291, is hereby amended to read as follows:

Sec. 2. NRS 250.040 is hereby amended to read as follows:

250.040 In case of a vacancy in the office of the county assessor, or failure of any county assessor to qualify as required in this chapter, the board of county commissioners, within 45 days after the vacancy or failure to qualify occurs, shall appoint [some suitable person possessing the qualifications of an elector, residing within such county,] a person pursuant to NRS 245.170 to fill the vacancy. The person [thus] appointed shall give bond and take the oath of office prescribed by law that is required of county assessors elected by the people . [, and shall hold his office until the next ensuing biennial election.]

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Sec. 28. Section 2 of chapter 377, Statutes of Nevada 1997, at page 1325, is hereby amended to read as follows:

Sec. 2. NRS 207.080 is hereby amended to read as follows:

207.080 1. Except as otherwise provided in subsection 2, as used in NRS 207.080 to 207.150, inclusive, and section 1 of this act, unless the context otherwise requires, “convicted person” means:

(a) [Any] A person convicted in the State of Nevada of an offense that is punishable as a felony or convicted in any place other than the State of Nevada of a felony [or any other offense which is punishable by imprisonment for 1 year or more.

(b) Any] ;

(b) A person convicted in the State of Nevada, or elsewhere, of the violation of [any] a law, regardless of whether [or not] the violation is punishable as a felony:

(1) Relating to or regulating the possession, distribution, furnishing or use of [any] a habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act ; [.]

(2) Regulating or prohibiting the carrying, possession or ownership of [any] a concealed weapon, [or] deadly weapon [, or any] or weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of [any] a device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm [.] ; or

(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, [which] that may be used to disable temporarily or permanently [any] a human being [.

(c) Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive, 202.2493, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.

(d) Any] ; or

(c) A person convicted in the State of Nevada , or elsewhere , of [any] an attempt or a conspiracy to commit [any] an offense described or referred to in NRS 207.080 to 207.150, inclusive.

2. For the purposes of NRS 207.080 to 207.150, inclusive, “convicted person” does not include:

(a) A person who has been convicted of a crime against a child, as defined in section 34 of [this act,] Senate Bill No. 325 of this session, or a sexual offense, as defined in section 48 of [this act;] Senate Bill No. 325 of this session; or

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(b) Except as otherwise provided in NRS 207.090 to 207.150, inclusive, a person whose conviction is or has been set aside in the manner provided by law.

Sec. 29. 1. Section 31 of chapter 390, Statutes of Nevada 1997, at page 1377, is hereby amended to read as follows:

Sec. 31. 1. This section and sections 1 to 10, inclusive, [and] 13 to 26, inclusive, and 27 to 30, inclusive, of this act become effective upon passage and approval.

2. Sections 11 and 12 of this act become effective upon passage and approval for the purpose of appointing members to the advisory board on the repair of motor vehicles and on July 1, 1997, for all other purposes, and expire by limitation on July 1, 1999.

3. Section 26.1 of this act becomes effective on July 2, 1999.

2. Chapter 390, Statutes of Nevada 1997, at page 1376, is hereby amended by adding thereto a new section to be designated as section 26.1, immediately following section 26, to read as follows:

Sec. 26.1. Sections 2 and 8 of this act are hereby amended to read respectively as follows:

Sec. 2. As used in sections 2 to [12,] 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 8. 1. On and after January 1, 1998, a garageman shall register with the department for authorization to operate a garage.

2. An application for registration must be on a form provided by the department. The application must include:

(a) The name of the applicant, including each name under which he intends to do business;

(b) The complete street address of each location from which the applicant will be conducting business, including a designation of the location that will be his principal place of business;

(c) A copy of the business license for each garage operated by the applicant if the county or city in which the applicant operates a garage requires such a license;

(d) The type of repair work offered at each garage operated by the applicant;

(e) The number of mechanics employed at each garage operated by the applicant; and

(f) Any other information required by the department.

3. For each garage operated by an applicant, the department shall charge a fee of $25 for the issuance or renewal of registration. If an applicant operates more than one garage, he may file one application if he clearly indicates on the application the location of each garage operated by the applicant and each person responsible for the management of each garage.

4. [Except as otherwise provided in section 11 of this act, all] All fees collected pursuant to this section must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

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5. An applicant for registration or renewal of registration shall notify the department of any material change in the information contained in his application for registration or renewal within 10 days after his knowledge of the change.

Sec. 30. Section 4 of chapter 392, Statutes of Nevada 1997, at page 1380, is hereby amended to read as follows:

Sec. 4. NRS 504.165 is hereby amended to read as follows:

504.165 1. The commission shall adopt regulations governing the disbursement of money to:

(a) Prevent or mitigate damage to private property and privately maintained improvements; and

(b) Compensate persons for grazing reductions and the loss of stored and standing crops,

caused by elk or game mammals not native to this state.

2. The regulations must contain:

(a) Requirements for the eligibility of those persons claiming damage to private property or privately maintained improvements to receive money or materials from the division, including a requirement that such a person enter into a cooperative agreement with the administrator for purposes related to this Title.

(b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the division do not agree on the value of the loss.

(c) Procedures for the use on private property of materials purchased by the state to prevent damage caused by elk or game mammals not native to this state.

(d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 and 504.175.

3. The regulations must:

(a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to prevent or mitigate damage to private property and privately maintained improvements caused by elk or game mammals not native to this state.

(b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to section 2 of this act from applying, within the same calendar year, for compensation pursuant to this section for the same private land.

4. Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which he is seeking compensation was caused solely by elk or game mammals not native to this state.

Sec. 31. Sections 2 to 5, inclusive, of chapter 395, Statutes of Nevada 1997, at pages 1385 and 1386, are hereby amended to read respectively as follows:

Sec. 2. NRS 483.810 is hereby amended to read as follows:

483.810 The legislature finds and declares that:

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1. A need exists in this state for the creation of a system of identification for:

(a) Residents who are 10 years of age or older and who do not hold a valid driver’s license or identification card from any state or jurisdiction; and

(b) Seasonal residents who are 10 years of age or older and who do not hold a valid Nevada driver’s license.

2. To serve this purpose, official identification cards must be prepared for issuance to those residents and seasonal residents who are 10 years of age or older and who [wish to] apply and qualify for them. The cards must be designed in such form and distributed pursuant to such controls that they will merit the general acceptability of drivers’ licenses for personal identification.

Sec. 3. NRS 483.820 is hereby amended to read as follows:

483.820 1. A person who [makes an application pursuant to this chapter who:

(a) Is a] applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, is entitled to receive an identification card if he is:

(a) A resident of this state and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or

(b) [Is a] A seasonal resident who does not hold a valid Nevada driver’s license . [,

is entitled to receive an identification card.]

2. The department shall charge and collect the following fees for issuance of an original, duplicate and changed identification card:

An original or duplicate identification card issued to a person 65 years of age or older..............	...... $4
An original or duplicate identification card issued to a person under 18 years of age.................	........ 3
An original or duplicate identification card issued to any other person..........................................	........ 9
A new photograph [,] or change of name, [change of other information, except address, or any combination] or both........................................................................................................................	...... $4

3. The department shall not charge a fee for an identification card issued to a person who has voluntarily surrendered his driver’s license pursuant to NRS 483.420.

Sec. 4. NRS 483.850 is hereby amended to read as follows:

483.850 1. Every application for an identification card must be made upon a form provided by the department and include:

(a) The applicant’s full name.

(b) His social security number, if any.

(d) His state of legal residence.

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(e) His current address in this state, unless the applicant is on active duty in the military service of the United States.

(f) A statement from:

(1) A resident stating that he does not hold a valid driver’s license or identification card from any state or jurisdiction; or

(2) A seasonal resident stating that he does not hold a valid Nevada driver’s license.

2. When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.

3. At the time of applying for an identification card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

4. A person who possesses a driver’s license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the department the driver’s license or identification card issued by the other state or jurisdiction at the time he applies for an identification card pursuant to this section.

Sec. 5. NRS 483.870 is hereby amended to read as follows:

483.870 1. An identification card that is issued to:

(a) A seasonal resident remains valid so long as the person does not become licensed in Nevada to drive a motor vehicle and the facts and circumstances declared in the application and stated [in] on the card do not change. An identification card must be surrendered by a seasonal resident upon issuance of a Nevada driver’s license.

(b) A resident remains valid so long as the person does not become licensed in any state or jurisdiction to drive a motor vehicle and the facts and circumstances declared in the application and stated [in] on the card do not change. An identification card must be surrendered by a resident upon issuance of a driver’s license from any state or jurisdiction.

2. The holder of an identification card shall promptly report any change in the information declared in the application and stated in the card to the department.

3. Any change occurring in the holder’s address or name as the result of marriage or otherwise or any loss of an identification card must be reported within 10 days after the occurrence to the department.

Sec. 32. 1. Section 1 of chapter 398, Statutes of Nevada 1997, at page 1392, is hereby amended to read as follows:

Section 1. NRS 375.070 is hereby amended to read as follows:

375.070 1. The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:

(a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the state treasurer who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.

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(b) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

(c) The remaining proceeds must be transmitted to the county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:

(1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

(2) If there are two or more cities in the county, among the cities in proportion to their respective populations.

2. If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.

3. In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.

4. The expenses authorized by subsection 3 include, but are not limited to:

(a) The costs to acquire land and developmental rights;

(b) Related predevelopment expenses;

(d) Contributions toward down payments made for the purchase of affordable housing; and

(e) The creation of related trust funds.

2. Chapter 398, Statutes of Nevada 1997, at page 1393, is hereby amended by adding thereto a new section to be designated as section 2, immediately following section 1, to read as follows:

Sec. 2. Section 19 of chapter 660, Statutes of Nevada 1997, at page 3288, is hereby amended to read as follows:

Sec. 19. NRS 375.070 is hereby amended to read as follows:

375.070 1. The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:

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ê1999 Statutes of Nevada, Page 441 (Chapter 105, SB 453)ê

must be transmitted to the state treasurer who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.

(c) The remaining proceeds must be transmitted to the [county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:

(1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

(2) If there are two or more cities in the county, among the cities in proportion to their respective populations.

2. If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.

3.] state treasurer for deposit in the local government tax distribution fund created by section 8 of this act for credit to the respective accounts of Carson City and each county.

2. In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.

[4.] 3. The expenses authorized by subsection [3] 2 include, but are not limited to:

(a) The costs to acquire land and developmental rights;

(b) Related predevelopment expenses;

(d) Contributions toward down payments made for the purchase of affordable housing; and

(e) The creation of related trust funds.

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ê1999 Statutes of Nevada, Page 442 (Chapter 105, SB 453)ê

Sec. 33. Section 2 of chapter 399, Statutes of Nevada 1997, at page 1394, is hereby amended to read as follows:

Sec. 2. NRS 616C.230 is hereby amended to read as follows:

616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS for an injury:

(a) Caused by the employee’s willful intention to injure himself.

(b) Caused by the employee’s willful intention to injure another.

(c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

(d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

2. For the purposes of paragraphs (c) and (d) [, the] of subsection 1:

(a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.

[2.] (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance:

(1) If the laboratory that conducts the testing is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory must be certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and

(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.

3. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

[3.] 4. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

[4.] 5. An injured employee’s compensation, other than accident benefits, must be suspended if:

(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

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injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

(b) It is within the ability of the employee to correct the nonindustrial condition or injury.

The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

Sec. 34. 1. Section 3 of chapter 408, Statutes of Nevada 1997, at page 1420, is hereby amended to read as follows:

Sec. 3. NRS 50.320 is hereby amended to read as follows:

50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,

is admissible in the manner provided in this section.

2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit [.] or declaration.

3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit [.] or declaration.

4. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

2. Chapter 408, Statutes of Nevada 1997, at page 1422, is hereby amended by adding thereto a new section to be designated as section 5.1, immediately following section 5, to read as follows:

Sec. 5.1. Section 1 of chapter 708, Statutes of Nevada 1995, at page 2712, is hereby amended to read as follows:

Section 1. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The affidavit of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

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substance alleged to have been in the possession of a person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,

is admissible in the manner provided in this section.

2. An affidavit which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit.

3. The defendant may object in writing to admitting into evidence an affidavit submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit.

4. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits described in this section.

Sec. 35. Sections 3, 12, 21, 22, 23, 26, 41, 49, 62, 62.5, 63, 65, 67, 70, 72, 74, 79 and 81 of chapter 410, Statutes of Nevada 1997, at pages 1423, 1427, 1431, 1432, 1438, 1441, and 1449 to 1457, inclusive, are hereby amended to read respectively as follows:

Sec. 3. Section 60 of chapter 580, Statutes of Nevada 1995, at page 2014, is hereby amended to read as follows:

Sec. 60. NRS 616A.470 is hereby amended to read as follows:

616A.470 1. Except as otherwise provided in subsection 2, each self-insured employer , [and] association of self-insured public or private employers and private carrier shall compensate the system, the office of the Nevada attorney for injured workers or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the Nevada attorney for injured workers, the mediators and the appeals officers provide to those employers . [if the rate is established by a regulation of the system.] The cost of any service [for which a rate is not established by regulation] must be negotiated by the employer , [or] association or private carrier and the system, the Nevada attorney for injured workers or the division, as appropriate, before the employer , [or] association or private carrier is charged for the service.

2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the Nevada attorney for injured workers, the division or other employers.

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Sec. 12. Section 17 of chapter 580, Statutes of Nevada 1995, at page 2001, is hereby amended to read as follows:

Sec. 17. 1. Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must contain a provision for the requirements of subsection 5 and a provision that insolvency or bankruptcy of the employer or his estate, or discharge therein, or any default of the employer does not relieve the insurer from liability for compensation resulting from an injury otherwise covered under the policy issued by the insurer.

2. No statement in an employer’s application for a policy of industrial insurance voids the policy as between the insurer and employer unless the statement is false and would have materially affected the acceptance of the risk if known by the insurer, but in no case does the invalidation of a policy as between the insurer and employer affect the insurer’s obligation to provide compensation to claimants arising before the cancellation of the policy. If the insurer is required pursuant to this subsection to provide compensation under an invalid policy, the insurer is subrogated to the claimant’s rights against the employer.

3. If an insurer or employer intends to cancel or renew a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer or employer must give notice to that effect in writing to the administrator and to the other party fixing the date on which it is proposed that the cancellation or renewal becomes effective. The notices must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the administrator and the other party. If the employer has secured insurance with another insurer which would cause double coverage, the cancellation must be made effective as of the effective date of the other insurance.

4. As between any claimant and the insurer, no defense based on any act or omission of the insured employer, if different from the insurer, may be raised by the insurer.

5. For the purposes of chapters 616A to 617, inclusive, of NRS, as between the employee and the insurer:

(a) Except as otherwise provided in NRS 616C.065, notice or knowledge of the injury to or by the employer is notice or knowledge to or by the insurer;

(b) Jurisdiction over the employer is jurisdiction over the insurer; and

(c) The insurer is bound by and subject to any judgments, findings of fact, conclusions of law, awards, decrees, orders or decisions rendered against the employer in the same manner and to the same extent as the employer.

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Sec. 21. Section 85 of chapter 580, Statutes of Nevada 1995, at page 2024, is hereby amended to read as follows:

Sec. 85. NRS 616B.215 is hereby amended to read as follows:

616B.215 1. Except as otherwise provided in subsection 2:

(a) A principal contractor or an owner of property acting as a principal contractor aggrieved by a letter issued pursuant to NRS 616B.645; or

(b) [An employer aggrieved by a written decision of an employee of the system on a matter relating to the employer’s account; or

(c)] An employer aggrieved by a determination made pursuant to NRS 616C.585,

may appeal from the letter [, decision] or determination by filing a notice of appeal with the [manager or his designee] administrator within 30 days after the date of the letter [, decision] or determination.

2. An employer shall not seek to remove costs that have been charged to his account by appealing to the [manager or his designee] administrator any issue that relates to a claim for compensation if the issue was raised or could have been raised [,] before a hearing officer or an appeals officer pursuant to NRS 616C.315 or 616C.345.

3. The decision of the [manager or his designee] administrator is the final and binding administrative determination of an appeal filed pursuant to this section, and the whole record consists of all evidence taken at the hearing before the [manager or his designee] administrator and any findings of fact [and conclusions of law] based thereon.

[4. As used in this section, matters relating to an employer’s account:

(a) Include, but are not limited to, an audit of the employer’s account and a determination of the appropriate classification of risk for an employer’s business.

(b) Do not include a revision of premium rates or classifications of employment pursuant to NRS 616B.206.]

Sec. 22. Section 88 of chapter 580, Statutes of Nevada 1995, at page 2025, is hereby amended to read as follows:

Sec. 88. NRS 616B.224 is hereby amended to read as follows:

616B.224 1. Every employer [insured by the system] who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals established by [the manager,] his insurer, furnish the [system] insurer with a true and accurate payroll showing:

(a) The total amount paid to employees for services performed;

(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) [,] whose tips in cash totaled $20 or more; and

(c) A segregation of employment in accordance with the requirements of the [system,] commissioner, together with the premium due thereon.

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ê1999 Statutes of Nevada, Page 447 (Chapter 105, SB 453)ê

together with the premium due thereon. The payroll and premium must be furnished to the [system] insurer on or before the date established by the [manager] insurer for the receipt of the payroll and premium.

3. Except as otherwise provided in this subsection, any] Any employer by agreement in writing with the [manager] insurer may arrange for the payment of premiums in advance [for a period of more than 60 days. If an employer’s premiums are less than $300 in a given year, the premiums must be paid at intervals] at an interval established by the [manager.

4.] insurer.

3. Failure of any employer to comply with the provisions of this section and NRS 616B.218 operates as a rejection of chapters 616A to 616D, inclusive, of NRS, effective at the expiration of the period covered by his estimate. The [manager] insurer shall notify the administrator of each such rejection.

[5.] 4. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the [manager] insurer may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

[6. The manager]

5. The insurer shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, of NRS as otherwise provided in those chapters.

[7.] 6. The system may impose a penalty not to exceed [4] 10 percent of the premiums which are due for the failure of an employer insured by the system to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

[8.] 7. To the extent permitted by federal law, the [system] insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding.

Sec. 23. NRS 616B.236 is hereby amended to read as follows:

616B.236 Except as otherwise provided in NRS 616D.200, when any premium of an employer [insured by the system as provided in chapters 616A to 616D, inclusive, of NRS] remains unpaid on the

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date on which it becomes due, as prescribed by NRS 616B.224, it bears interest at the rate of 1 percent for each month or portion of a month thereafter until payment of the premium, plus accrued interest, is received by the [manager.] insurer.

Sec. 26. Section 22 of chapter 580, Statutes of Nevada 1995, at page 2003, is hereby amended to read as follows:

Sec. 22. 1. The commissioner shall suspend the authorization of a private carrier to provide industrial insurance for 1 year if the commissioner finds that the private carrier has intentionally or repeatedly failed to comply with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or the regulations of the division.

2. Before the commissioner suspends the authorization of a private carrier, he shall arrange an informal meeting with the private carrier to discuss and seek correction of any conduct which would be grounds for suspension.

3. Before the suspension of the authorization, the commissioner shall give written notice to the private carrier by certified mail or electronic transmission that its authorization will be suspended within 10 days after it receives the notice unless, within that time, the private carrier corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.

4. If the private carrier requests a hearing:

(a) The commissioner shall set a date for a hearing within 20 days after receiving the notice of the appeal and shall give the private carrier at least 10 business days’ notice of the time and place of the hearing.

(b) A record of the hearing must be kept but it need not be transcribed unless requested by the private carrier. The cost of transcription must be charged to the private carrier.

5. Within 5 days after the hearing, the commissioner shall affirm or deny his order suspending the authorization of the private carrier and notify the private carrier by certified mail or electronic transmission of his decision.

6. If the private carrier does not comply with the order of the commissioner during the period of suspension of the authorization, the commissioner shall file an order prohibiting the private carrier from issuing new policies until the order has expired. A copy of the order must be sent by certified mail or electronic transmission to the private carrier.

Sec. 41. Section 91 of chapter 580, Statutes of Nevada 1995, at page 2027, is hereby amended to read as follows:

Sec. 91. NRS 616C.255 is hereby amended to read as follows:

616C.255 1. The system and each private carrier shall collect a premium upon the total payroll of every employer [within the provisions of chapters 616A to 616D, inclusive, of NRS, except as otherwise provided, in such a percentage as the manager shall fix by order for accident benefits.] insured by the system or private carrier at the rate filed with the commissioner pursuant to chapter 686B of NRS.

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carrier at the rate filed with the commissioner pursuant to chapter 686B of NRS.

2. Every employer paying this premium is relieved from furnishing accident benefits, and the accident benefits must be provided by the system [.] or private carrier.

3. The system or private carrier is liable for any accident benefits provided in this section . [, but the] The account provided for accident benefits must be kept as a separate [and distinct account, and must,] account on the records of the system [, be so kept.] or private carrier.

Sec. 49. NRS 616C.590 is hereby amended to read as follows:

616C.590 1. Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:

(a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;

(b) The injured employee’s employer does not offer employment that the employee is eligible for considering the restrictions imposed pursuant to paragraph (a); and

(c) The injured employee is unable to return to gainful employment at a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury.

2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:

(a) The medically objective findings upon which his determination is based; and

(b) A detailed description of the restrictions.

The treating physician or chiropractor shall [mail] deliver a copy of the findings and the description of the restrictions to the insurer.

3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.

4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.

5. An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.

6. An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.

7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.185, and section 1 of [this act,] Senate Bill No.

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section 1 of [this act,] Senate Bill No. 372 of this session, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.

8. If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer shall make a reasonable effort to locate the employee.

9. The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employee’s claim if good cause is shown for the employee’s absence.

Sec. 62. Section 130.6 of chapter 587, Statutes of Nevada 1995, at page 2166, is hereby amended to read as follows:

Sec. 130.6. NRS 680B.060 is hereby amended to read as follows:

680B.060 1. [The] Except as otherwise provided in subsection 6, the taxes imposed under NRS 680B.027 must be collected by the department of taxation and promptly deposited with the state treasurer for credit to the state general fund.

2. If the tax is not paid by the insurer on or before the date required for payment, the tax then becomes delinquent, and payment thereof may be enforced by court action instituted on behalf of the state by the attorney general. The attorney general may employ additional counsel in the city where the home office of the insurer is located, subject to approval of compensation for such services by the state board of examiners. The administrative and substantive enforcement provisions of chapters 360 and 372 of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.

3. Upon the tax becoming delinquent , the executive director of the department of taxation shall notify the commissioner, who shall suspend or revoke the insurer’s certificate of authority pursuant to NRS 680A.190.

4. If a dispute arises between an insurer and the state as to the amount of tax, if any, payable, the insurer is entitled to pay under protest the tax in the amount assessed by the department of taxation, without waiving or otherwise affecting any right of the insurer to recover any amount determined, through appropriate legal action taken by the insurer against the department of taxation, to have been in excess of the amount of tax lawfully payable.

5. [All] Except as otherwise provided in subsection 6, all taxes, fees, licenses, fines and charges collected under this code, including the general premium tax provided for under NRS 680B.027 and as increased in any instances pursuant to NRS 680A.330, must be promptly deposited with the state treasurer for credit to the state general fund.

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680A.330, must be promptly deposited with the state treasurer for credit to the state general fund.

6. The taxes collected pursuant to NRS 680B.027 from insurers that are writing industrial insurance in this state, including the state industrial insurance system, which are attributable to industrial insurance must be promptly deposited with the state treasurer for credit to the account for the administration of extended claims established in the state insurance fund pursuant to section 9 of chapter 410, Statutes of Nevada 1997, until the commissioner notifies the state treasurer that the balance in the account is sufficient to satisfy all obligations and liabilities of the account as they become due. Upon receipt of such a notice, the state treasurer shall discontinue depositing the taxes in the account and shall deposit the taxes collected from these insurers for credit to the state general fund.

Sec. 62.5. Section 149 of chapter 580, Statutes of Nevada 1995, at page 2049, is hereby amended to read as follows:

Sec. 149. “Insurer” means the state industrial insurance system and all private carriers authorized to provide industrial insurance in this state.

Sec. 63. Section 154 of chapter 580, Statutes of Nevada 1995, at page 2050, is hereby amended to read as follows:

Sec. 154. The advisory organization may:

1. Develop statistical plans including definitions for the classification of risks.

2. Collect statistical data from its members and subscribers or any other reliable source.

3. Prepare and distribute data on expenses and the basic premium rate or rates, adjusted for expected changes in reported losses and expenses and for trends in losses and expenses, according to its statistical plan.

4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.

5. Distribute any information filed with the commissioner which is open to public inspection.

6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.

7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.

8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.

9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on the basic premium rate or rates.

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10. Prepare and distribute rules and rating values for the uniform plan for rating experience.

11. Calculate and provide to the insurer the modification of premiums based on the individual employer’s losses.

12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.

Sec. 65. Section 155 of chapter 580, Statutes of Nevada 1995, at page 2050, is hereby amended to read as follows:

Sec. 155. An advisory organization shall not file rates, supplementary rate information or supporting information on behalf of an insurer.

Sec. 67. Section 157 of chapter 580, Statutes of Nevada 1995, at page 2051, is hereby amended to read as follows:

Sec. 157. 1. The advisory organization shall file with the commissioner a copy of every basic premium rate, the portion of the rate that is allowable for expenses as determined by the advisory organization, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organization’s members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.

2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.

3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurer’s rate be less than the approved rate by more than the following percentages:

(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.

(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a 5 percent variance.

(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.

Sec. 70. Section 162 of chapter 580, Statutes of Nevada 1995, at page 2052, is hereby amended to read as follows:

Sec. 162. 1. Each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least 60 days before the rates become effective. If the information supplied by an insurer pursuant to this subsection is insufficient, the commissioner shall notify the insurer and the information shall be deemed to be filed when all the information requested by the commissioner is received by him.

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be deemed to be filed when all the information requested by the commissioner is received by him.

2. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.

3. Every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.

4. A rate filed with the commissioner pursuant to this section that becomes effective before July 1, 2000, may not be increased or decreased until July 1, 2000.

Sec. 72. Section 163 of chapter 580, Statutes of Nevada 1995, at page 2053, is hereby amended to read as follows:

Sec. 163. 1. If the commissioner finds that:

(a) The rates filed by insurers are inadequate or unfairly discriminatory; or

(b) The rates violate the provisions of this chapter,

the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.

2. The commissioner may disapprove any rate without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.

Sec. 74. Section 164 of chapter 580, Statutes of Nevada 1995, at page 2053, is hereby amended to read as follows:

Sec. 164. 1. The commissioner may disapprove a rate filed by an insurer:

(a) At any time after the rate becomes effective; or

(b) At any time before the rate becomes effective.

2. The commissioner shall disapprove a rate if:

(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; or

(b) The rate is inadequate, excessive or unfairly discriminatory.

Sec. 79. Section 155 of chapter 587, Statutes of Nevada 1995, at page 2170, is hereby amended to read as follows:

Sec. 155. 1. This section and subsection 2 of section 147 of this act become effective on June 30, 1995.

2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38, 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85, inclusive, 87 to 95.5, inclusive, 97, 99 to 103.5, inclusive, 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136, 137, 137.5, 146, 146.5, subsection 1 of section 147, 148, 149, 152 and 153 of this act become effective on July 1, 1995.

3. Sections 45, 77, 106 and 106.5 of this act become effective at 12:01 a.m. on July 1, 1995.

4. Section 7 of this act becomes effective on July 1, 1997.

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5. Sections [7,] 17.3, 17.5, 17.7, 129.5, 130.2, 130.4, and 130.6 of this act become effective on July 1, 1999.

Sec. 81. 1. This section and sections [4] 3 to 10, inclusive, 12, 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, [36,] 35, 40.5, 41, 42, 61, 62, 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act become effective on July 1, 1997.

2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.

3. Sections 1, 11, 26, [35,] 36, 37, 38, 39, 43, 45, 46, 49, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.

4. Section 50 of this act becomes effective at 12:01 a.m. on January 1, 1998.

5. Sections 18, 23, 40, 48, 56, 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.

6. [Sections 3, 12, 21, 22, 41, 62, 62.5, 63, 65, 67, 70, 72 and 74 of this act become effective at 12:01 a.m. on July 1, 1999.

7.] Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, 2003.

Sec. 36. 1. Sections 1 and 5 of chapter 421, Statutes of Nevada 1997, at pages 1499 and 1501, respectively, are hereby amended to read respectively as follows:

Section 1. NRS 616B.624 is hereby amended to read as follows:

616B.624 1. If a quasi-public or private corporation or a limited-liability company is required to be insured [under] pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:

(a) Receives pay for services performed as an officer , manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.

(b) Does not receive pay for services performed as an officer , manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per calendar year.

2. An officer or manager who does not receive pay for services performed as an officer , manager or employee of the corporation or company may elect to reject coverage by filing written notice thereof with the corporation or company and the system. The rejection is effective upon receipt of the notice by the system.

3. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the system. The rescission is effective upon receipt of the notice by the system. If an officer or manager who has rejected coverage receives pay for services performed as an officer , manager or employee of the corporation [,] or company, the officer or manager shall be deemed to have rescinded that rejection.

4. A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for [their] its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the system.

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officers who do not receive such pay by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.

5. A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.

Sec. 5. 1. [Sections] This section and sections 1, 2 , [and] 4 , 4.1 and 4.2 of this act become effective on October 1, 1997.

2. Section 3 of this act becomes effective on July 1, 1999.

2. Chapter 421, Statutes of Nevada 1997, at page 1501, is hereby amended by adding thereto new sections to be designated as sections 4.1 and 4.2, immediately following section 4, to read respectively as follows:

Sec. 4.1. Section 81 of chapter 410, Statutes of Nevada 1997, at page 1457, is hereby amended to read as follows:

Sec. 81. 1. This section and sections 3 to 10, inclusive, 12, 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, 35, 40.5, 41, 42, 61, 62, 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act become effective on July 1, 1997.

2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.

3. Sections 1, 11, 26, 36, 37, 38, 39, 43, 45, 46, 49, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.

4. Section 50 of this act becomes effective at 12:01 a.m. on January 1, 1998.

5. Sections 18, 23, 40, 48, [56,] 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.

6. Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, 2003.

Sec. 4.2. Section 56 of chapter 410, Statutes of Nevada 1997, at page 1445, is hereby repealed.

Sec. 37. 1. Sections 2 and 4 of chapter 422, Statutes of Nevada 1997, at pages 1502 and 1503, respectively, are hereby amended to read respectively as follows:

Sec. 2. NRS 482.270 is hereby amended to read as follows:

482.270 1. Except as otherwise provided [in NRS 482.3747, 482.3775, 482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session and section 1 of this act, or NRS 482.384,] by specific statute, the director shall order the redesign and preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

2. Except as otherwise provided in subsection 3, the department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

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ê1999 Statutes of Nevada, Page 456 (Chapter 105, SB 453)ê

motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

3. The department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.

4. The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

[3.] 5. Every license plate must have displayed upon it:

(a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of [the] this state, which may be abbreviated;

(d) If issued for a registration period other than a calendar year, the month and year the registration expires.

[4.] 6. The letters I and Q must not be used in the designation.

[5.] 7. Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.

Sec. 4. 1. This section and [section] sections 2.1 to 2.5, inclusive, of this act become effective on September 30, 1997.

2. Section 3 of this act [become] becomes effective on October 1, 1997.

[2.] 3. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.

[3.] 4. Section 1 of this act becomes effective on January 1, 2001.

2. Chapter 422, Statutes of Nevada 1997, at page 1503, is hereby amended by adding thereto new sections to be designated as sections 2.1 to 2.5, inclusive, immediately following section 2, to read respectively as follows:

Sec. 2.1. Section 7 of chapter 385, Statutes of Nevada 1997, at page 1362, is hereby amended to read as follows:

Sec. 7. [1.] Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

[2. Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.]

Sec. 2.2. Section 6 of chapter 438, Statutes of Nevada 1997, at page 1551, is hereby amended to read as follows:

Sec. 6. [1.] Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

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[2. Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.]

Sec. 2.3. Section 21 of chapter 599, Statutes of Nevada 1997, at page 3008, is hereby amended to read as follows:

Sec. 21. 1. This section and sections 13 to 16, inclusive, of this act become effective upon passage and approval.

2. Sections 12 and 17 to 20, inclusive, of this act become effective at 12:01 a.m. on October 1, 1997.

[3. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.]

Sec. 2.4. Section 7 of chapter 607, Statutes of Nevada 1997, at page 3055, is hereby amended to read as follows:

Sec. 7. [1.] Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

[2. Section 3 of this act becomes effective at 12:02 a.m. on October 1, 1997.]

Sec. 2.5. Section 3 of chapter 385, Statutes of Nevada 1997, at page 1360, section 3 of chapter 438, Statutes of Nevada 1997, at page 1549, section 2 of chapter 590, Statutes of Nevada 1997, at page 2977, section 2 of chapter 599, Statutes of Nevada 1997, at page 2997, and section 3 of chapter 607, Statutes of Nevada 1997, at page 3053, are hereby repealed.

Sec. 38. Sections 5.5 and 8.5 of chapter 429, Statutes of Nevada 1997, at pages 1516 and 1517, respectively, are hereby amended to read respectively as follows:

Sec. 5.5. NRS 487.070 is hereby amended to read as follows:

487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:

(a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

(b) A card which:

(1) Contains the information specified in paragraph (a);

(2) Includes a picture of the licensee; and

(3) Clearly identifies the holder of the card as a licensed automobile wrecker.

2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

3. A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

4. A license expires on April 30 of each year.

[4.] 5. A licensee may renew his license by submitting to the department:

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ê1999 Statutes of Nevada, Page 458 (Chapter 105, SB 453)ê

(a) A completed application for renewal upon a form supplied by the department; and

(b) The fee for renewal of a license provided in NRS 487.080.

Sec. 8.5. NRS 487.630 is hereby amended to read as follows:

487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

2. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

4. Upon receipt of the license, the operator shall [display] post the license [number prominently] in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

5. A license expires on April 30 of each year.

6. A licensee may renew his license by submitting to the department:

(a) A completed application for renewal upon a form supplied by the department; and

(b) The fee for renewal of a license provided in subsection 2.

Sec. 39. Section 11 of chapter 431, Statutes of Nevada 1997, at page 1524, is hereby amended to read as follows:

Sec. 11. NRS 389.090 is hereby amended to read as follows:

389.090 1. The state board shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.

2. The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.

3. The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:

(a) Pupils enrolled in the regular full-time day high schools in the school district.

(b) Pupils enrolled in summer classes conducted in high schools in the school district.

A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses.

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motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.

4. A governing body of a charter school may establish and maintain automobile driver education classes if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.

5. Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the state board and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.

6. Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in [motor] :

(a) Motor vehicle insurance.

(b) The effect of drugs and alcohol on an operator of a motor vehicle.

7. Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must be restricted to pupils who are sophomores, juniors or seniors in high school.

Sec. 40. Section 9 of chapter 433, Statutes of Nevada 1997, at page 1532, is hereby amended to read as follows:

Sec. 9. 1. Sections 1 to [7,] 6, inclusive, of this act expire by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.

2. Notwithstanding the provisions of subsection 1, the additional justices whose positions are abolished by the establishment of an intermediate court of appeals must be permitted to serve the remainder of the terms to which they were elected. At the end of those terms, the positions of the additional justices must be abolished, along with the positions of any staff hired directly to support the additional justices.

Sec. 41. 1. Sections 8 and 10 of chapter 434, Statutes of Nevada 1997, at pages 1535 and 1539, respectively, are hereby amended to read respectively as follows:

Sec. 8. NRS 179A.075 is hereby amended to read as follows:

179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

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

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

(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

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3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

4. The division shall:

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

(1) Sexual offenses and other records of criminal history; and

(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

(b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

(c) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

5. The division may:

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

(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

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

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

(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

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(4) For whom such information is required to be obtained pursuant to section 4 of [this act.] Assembly Bill No. 155 of this session.

6. The central repository shall:

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

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

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

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

(1) Has applied to the superintendent of public instruction for a license;

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

(3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

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

(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to section 3 or 4 of [this act.] Assembly Bill No. 155 of this session.

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

(h) On or before January 31 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, a report containing statistical data about domestic violence in this state.

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

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any necessary changes in the manner of collecting and processing statistical data by any such agency.

7. The central repository may:

(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

8. As used in this section, “advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

Sec. 10. NRS 481.245 is hereby amended to read as follows:

481.245 1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division [.] and to the central repository for Nevada records of criminal history.

2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:

(a) Transmit to the investigation division [:] and to the central repository for Nevada records of criminal history:

(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and

(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;

(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and

(c) Enter the information concerning the missing person into the computer for the National Crime Information Center [,] and the central repository for Nevada records of criminal history, if appropriate.

3. The sheriff, chief of police or other law enforcement agency [may] shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain [the dental records of] certain identifying information about the missing person that the National Crime Information Center recommends be provided from [that person’s dentist.] the appropriate providers of medical care.

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appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the [dental records from the dentist] identifying information from the providers of medical care and forward [them] that information and any other relevant information to the investigation division and to the central repository for Nevada records of criminal history for comparison with the [dental records of] identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing [person’s dental records] person by the next of kin or guardian of the missing person at any time.

4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.

5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division , the central repository for Nevada records of criminal history and the National Crime Information Center when a missing person has been found.

6. The investigation division and the central repository for Nevada records of criminal history shall:

(a) Maintain the records and other information forwarded to [it] them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies; and

(b) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the records and other information that are maintained pursuant to this subsection to the state disaster identification team of the division of emergency management of the department.

2. Chapter 434, Statutes of Nevada 1997, at page 1540, is hereby amended by adding thereto a new section to be designated as section 13, immediately following section 12, to read as follows:

Sec. 13. Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1997.

Sec. 42. 1. Section 6 of chapter 438, Statutes of Nevada 1997, at page 1551, is hereby amended to read as follows:

Sec. 6. 1. This section and sections 5.1 and 5.2 of this act become effective at 12:01 a.m. on September 30, 1997.

2. Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

2. Chapter 438, Statutes of Nevada 1997, at page 1551, is hereby amended by adding thereto new sections to be designated as sections 5.1 and 5.2, immediately following section 5, to read respectively as follows:

Sec. 5.1. Section 21 of chapter 599, Statutes of Nevada 1997, at page 3008, is hereby amended to read as follows:

Sec. 21. 1. This section and sections 13 to 16, inclusive, of this act become effective upon passage and approval.

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2. Sections 12 [and 17 to 20, inclusive,] , 17, 18 and 19 of this act become effective at 12:01 a.m. on October 1, 1997.

Sec. 5.2. Section 20 of chapter 599, Statutes of Nevada 1997, at page 3006, is hereby repealed.

Sec. 43. Section 5 of chapter 439, Statutes of Nevada 1997, at page 1556, is hereby amended to read as follows:

Sec. 5. This act becomes effective [upon passage and approval.] on July 15, 1997.

Sec. 44. 1. Section 2 of chapter 444, Statutes of Nevada 1997, at page 1562, is hereby amended to read as follows:

Sec. 2. NRS 333.340 is hereby amended to read as follows:

333.340 1. Every contract or order must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the chief may consider:

(a) The location of the using agency to be supplied.

(b) The qualities of the articles to be supplied.

(d) [The] Except as otherwise provided in paragraph (e), the conformity of the articles to be supplied with the specifications.

(e) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:

(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

(2) The purchase of the alternative article results in a lower price; and

(3) The chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.

(f) The purposes for which the articles to be supplied are required.

[(f)] (g) The dates of delivery of the articles to be supplied.

2. If a contract or an order is not awarded to the lowest bidder, the chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.

3. As used in this section, “total cost of ownership” includes, but is not limited to:

(a) The history of maintenance or repair of the articles;

(b) The cost of routine maintenance and repair of the articles;

(d) The cost of replacement parts for the articles; and

(e) The value of the articles as used articles when given in trade on a subsequent purchase.

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2. Chapter 444, Statutes of Nevada 1997, at page 1563, is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:

Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1997.

Sec. 45. 1. Sections 3 and 6 of chapter 445, Statutes of Nevada 1997, at pages 1563 and 1566, respectively, are hereby amended to read respectively as follows:

Sec. 3. 1. Except as otherwise provided in this section, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a category A or category B felony and the act was a sexual offense or involved the use or threatened use of force or violence against the victim, the records relating to the child must not be sealed pursuant to the provisions of NRS 62.370.

2. If a child who is subject to the provisions of subsection 1 is not adjudicated delinquent for any other subsequent act that, if committed by an adult, would be a felony and is not otherwise convicted of a felony as an adult before reaching 24 years of age, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.

3. The provisions of this section:

(a) Apply to a child who is relieved of being subject to community notification as a juvenile sex offender pursuant to section 91 of Senate Bill No. 325 of this session.

(b) Do not apply to a child who is deemed to be an adult sex offender pursuant to section 91 of Senate Bill No. 325 of this session.

Sec. 6. NRS 62.380 is hereby amended to read as follows:

62.380 Any decree or order entered by a judge or master of a juvenile court, district court, justice’s court or municipal court concerning a child within the purview of this chapter must contain, for the benefit of the child, an explanation of the contents of section 3 of this act, NRS 62.370 and, if applicable, section 91.1 of [this act.] Senate Bill No. 325 of this session.

2. Chapter 445, Statutes of Nevada 1997, at page 1566, is hereby amended by adding thereto a new section to be designated as section 6.1, immediately following section 6, to read as follows:

Sec. 6.1. Section 91.1 of chapter 451, Statutes of Nevada 1997, at page 1676, is hereby amended to read as follows:

Sec. 91.1. 1. The records relating to a child must not be sealed pursuant to the provisions of NRS 62.370 while the child is subject to community notification as a juvenile sex offender.

2. [If] Except as otherwise provided in section 3 of Senate Bill No. 285 of this session, if the child is relieved of being subject to community notification as a juvenile sex offender pursuant to section 91 of [this act,] Senate Bill No. 325 of this session, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.

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ê1999 Statutes of Nevada, Page 466 (Chapter 105, SB 453)ê

sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.

3. If the child is deemed to be an adult sex offender pursuant to section 91 of [this act] Senate Bill No. 325 of this session or is otherwise convicted of a sexual offense, as defined in section 48 of [this act,] Senate Bill No. 325 of this session, as an adult before reaching 21 years of age:

(a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62.370; and

(b) Each delinquent act committed by the child that would have been a sexual offense, as defined in section 48 of [this act,] Senate Bill No. 325 of this session, if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:

(1) Registration and community notification pursuant to sections 42 to 76, inclusive, of [this act;] Senate Bill No. 325 of this session; and

(2) The statewide registry established within the central repository pursuant to sections 2 to 20, inclusive, of [this act.] Senate Bill No. 325 of this session.

Sec. 46. Section 16 of chapter 446, Statutes of Nevada 1997, at page 1574, is hereby amended to read as follows:

Sec. 16. NRS 361.320 is hereby amended to read as follows:

361.320 1. At the regular session of the Nevada tax commission commencing on the first Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, scheduled and unscheduled air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.

2. Except as otherwise provided in subsection 3 and NRS 361.323, the commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.

3. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

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ê1999 Statutes of Nevada, Page 467 (Chapter 105, SB 453)ê

must be assessed in the county where the project is located and must be taxed at the same rate as other property.

4. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income, stock and debt, and the cost of its assets.

5. If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada tax commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada tax commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to qualified facilities, as defined in 18 C.F.R. § 292.101, which were constructed before July 1, 1997.

6. As used in this section, “company” means any person, company, corporation or association engaged in the business described.

7. All other property must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

8. On or before November 1 of each year, the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560.

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ê1999 Statutes of Nevada, Page 468 (Chapter 105, SB 453)ê

jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560.

Sec. 47. Sections 34, 53, 87 and 88 of chapter 447, Statutes of Nevada 1997, at pages 1609, 1617 and 1633, are hereby amended to read respectively as follows:

Sec. 34. NRS 321.500 is hereby amended to read as follows:

321.500 1. The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.

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

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

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

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

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

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

Sec. 53. NRS 458.420 is hereby amended to read as follows:

458.420 The commission shall:

1. Develop and coordinate a state master plan [which] that must include [:] , without limitation:

(a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;

(b) A summary of the current activities of the commission;

(d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and

(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.

2. Prepare and deliver to the governor on or before September 1 of each year a report [which] that summarizes the status of the state master plan and of the efforts of the commission to achieve its goals and objectives.

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3. Hold and coordinate public hearings throughout the state as are necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.

4. Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.

5. Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.

6. Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.

7. Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.

8. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.

9. Disseminate information concerning the provisions of NRS 62.226 and 62.227 and sections 2 and 3 of [this act] Assembly Bill No. 176 of this session with the assistance of the department of [human resources,] employment, training and rehabilitation, the department of motor vehicles and public safety , and the superintendent of public instruction.

Sec. 87. NRS 630A.300 and 695A.008 , and section 13 of chapter 603, Statutes of Nevada 1997, at page 3024, are hereby repealed.

Sec. 88. 1. This section and sections 1 to 3, inclusive, sections 5 to 13, inclusive, sections 15 to 19, inclusive, sections 21 to 29, inclusive, section 33, sections [33] 35 to 39, inclusive, sections 41 to 87, inclusive, and section 89 of this act become effective upon passage and approval.

2. Sections 20, 30, 31 and 32 of this act become effective at 12:01 a.m. on July 1, 1997.

3. Section 34 of this act becomes effective on July 17, 1997.

4. Sections 4 and 14 of this act become effective at 12:01 a.m. on October 1, 1997.

Sec. 48. 1. Section 5 of chapter 454, Statutes of Nevada 1997, at page 1719, is hereby amended to read as follows:

Sec. 5. 1. This section and sections 2 and 3 of this act become effective upon passage and approval.

2. Sections 1 and 4 of this act become effective on October 1, 1997.

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3. Section 1.5 of this act becomes effective on July 1, 1999.

2. Chapter 454, Statutes of Nevada 1997, at page 1718, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:

Sec. 1.5. Section 1 of this act is hereby amended to read as follows:

Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The department, through the welfare division , [of health care financing and policy,] shall pay, under the state plan for Medicaid:

(a) A freestanding facility for hospice care licensed pursuant to NRS 449.030; or

(b) A program for hospice care licensed pursuant to NRS 449.030,

for the services for hospice care provided by that facility or program to a person who is eligible to receive Medicaid.

2. As used in this section:

(a) “Freestanding facility for hospice care” has the meaning ascribed to it in NRS 449.006.

(b) “Hospice care” has the meaning ascribed to it in NRS 449.0115.

Sec. 49. 1. Sections 2, 4, 5 and 6 of chapter 455, Statutes of Nevada 1997, at pages 1720, 1721 and 1722, are hereby amended to read respectively as follows:

Sec. 2. NRS 200.508 is hereby amended to read as follows:

200.508 1. A person who:

(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or

(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,

is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.

2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child [,] :

(a) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

(b) In all other such cases to which paragraph (a) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

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ê1999 Statutes of Nevada, Page 471 (Chapter 105, SB 453)ê

imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

3. As used in this section:

(a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

(b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

(c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

(d) “Physical injury” means:

(1) Permanent or temporary disfigurement; or

(2) Impairment of any bodily function or organ of the body.

(e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.

Sec. 4. NRS 201.195 is hereby amended to read as follows:

201.195 1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:

(a) If the minor actually engaged in such acts as a result [,] and:

(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

(2) The minor was 14 years of age or older, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(b) If the minor did not engage in such acts:

(1) For the first offense, is guilty of a gross misdemeanor.

(2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.

Sec. 5. NRS 201.230 is hereby amended to read as follows:

201.230 A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category [B] A felony and shall be punished by imprisonment in the state prison for [a minimum term of not less than 2 years and a maximum term of not more than] life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years [,] has been served, and may be further punished by a fine of not more than $10,000.

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shall be punished by imprisonment in the state prison for [a minimum term of not less than 2 years and a maximum term of not more than] life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years [,] has been served, and may be further punished by a fine of not more than $10,000.

Sec. 6. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

1. In addition to any conditions of parole required to be imposed pursuant to section 94 of Senate Bill No. 325 of this session, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years, the board shall, when appropriate:

(a) Require the parolee to participate in psychological counseling;

(b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and

(c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.

2. The provisions of subsection 1 apply to a prisoner who was convicted of:

(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;

(b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2 of NRS 200.508;

(d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;

(e) Lewdness with a child pursuant to NRS 201.230; or

(f) Any combination of the crimes listed in paragraphs (a) to (e), inclusive.

2. Chapter 455, Statutes of Nevada 1997, at page 1723, is hereby amended by adding thereto a new section to be designated as section 10, immediately following section 9, to read as follows:

Sec. 10. Sections 2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

Sec. 50. Section 5 of chapter 464, Statutes of Nevada 1997, at page 1739, is hereby amended to read as follows:

Sec. 5. NRS 354.624 is hereby amended to read as follows:

354.624 1. Each local government shall provide for an annual audit of all of its:

(a) Funds;

(b) Account groups; and

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A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government [which makes] that submits an application for an extension [.] to the department. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be [made] conducted by a public accountant who is certified or registered or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

2. The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

4. Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The department of taxation shall prescribe the form of the financial statements , [must be prescribed by the department of taxation,] and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

(a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;

(b) A comparison of the operations of the local government with the approved budget [and] , including a statement from the auditor that [previously noted] indicates whether the governing body has taken action by adoption as recommended, by adoption with modifications or by rejection on any deficiencies in operations and [previously made] recommendations for improvements [contained] which were noted or made in previous reports ; [have been acted upon by adoption as recommended, adoption with modifications or rejection; and]

(c) A statement from the auditor [indicating] that indicates whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

(1) An enterprise fund.

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(2) An internal service fund.

(3) A trust or agency fund.

(4) A self-insurance fund.

(5) A fund whose balance is required by law to be:

(I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

(II) Carried forward to the succeeding fiscal year in any designated amount [.] ; and

(d) A list and description of any property conveyed to a nonprofit organization pursuant to section 1 or 3 of this act.

5. The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

(a) The clerk or secretary of the governing body;

(b) The county clerk;

(d) In the case of a school district, the department of education.

6. The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

Sec. 51. Sections 1 and 8 of chapter 466, Statutes of Nevada 1997, at pages 1742 and 1750, respectively, are hereby amended to read respectively as follows:

Section 1. NRS 483.460 is hereby amended to read as follows:

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

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

(1) A violation of subsection 2 of NRS 484.377.

(2) A third or subsequent violation within 7 years of NRS 484.379.

(3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

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

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

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

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

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

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

(5) A second violation within 7 years of NRS 484.379 and, except as otherwise provided in subsection 3 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.

(6) A violation of NRS 484.348.

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

3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 [,] or section 3 of this act, the department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

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

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

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

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

6. When the department is notified that a court has:

(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of Assembly Bill No. 176 of this session or section 14 of Assembly Bill No. 486 of this session, ordered the suspension or delay in the issuance of a child’s license;

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(b) Pursuant to NRS 206.330, ordered the suspension or delay in the issuance of a person’s license; or

the department shall take such actions as are necessary to carry out the court’s order.

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

Sec. 8. 1. [Section] Sections 1 and 4 of this act [becomes] become effective at 12:01 a.m. on October 1, 1997.

2. Section 7 of this act becomes effective at 12:02 a.m. on October 1, 1997.

Sec. 52. 1. Sections 5, 27, 30, 31 and 64 of chapter 473, Statutes of Nevada 1997, at pages 1759, 1770, 1773, 1774 and 1788, respectively, are hereby amended to read respectively as follows:

Sec. 5. The department shall, on or before December 15 of each year:

1. Evaluate the information submitted by each school district pursuant to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and

2. Based upon its evaluation and in accordance with the criteria set forth in sections 6 and 7 of this act, designate each public school within each school district as:

(a) Demonstrating high achievement;

(b) Demonstrating adequate achievement; or

Sec. 27. 1. The commission on educational technology, consisting of 11 members, is hereby created. The superintendent of public instruction and the director of the department of information technology shall serve ex officio as nonvoting members of the commission.

2. The governor shall appoint the following voting members to the commission, at least two of whom must reside in a county whose population is less than 100,000:

(a) One administrator in a public school who possesses knowledge and experience in the general application of technology;

(b) One school teacher in a public elementary school who possesses knowledge and experience in the use of educational technology in the public schools;

(c) One school teacher in a public secondary school who possesses knowledge and experience in the use of educational technology in the public schools;

(d) One representative of public libraries who possesses knowledge and experience in the general application of technology;

(e) One representative of the University and Community College System of Nevada who possesses knowledge and experience in the use of educational technology in institutions of higher education;

(f) One representative of the private sector who possesses knowledge and experience in the use of technology; and

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(g) One parent or legal guardian who possesses knowledge and experience in the general application of technology.

3. The senate majority leader shall appoint two voting members to the commission:

(a) One of whom is a member of the senate; and

(b) One of whom is employed in the field of technology.

4. The speaker of the assembly shall appoint two voting members to the commission:

(a) One of whom is a member of the assembly; and

(b) One of whom is employed in the field of technology.

5. The governor shall appoint a chairman among the voting members of the commission.

6. The term of each member of the commission is 2 years, commencing on July 1 of each odd-numbered year and expiring on June 30 of the immediately succeeding odd-numbered year. Upon the expiration of a term of a member, he may be reappointed, if he still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.

7. The person or entity who appoints a member to the commission may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. Any vacancy in the membership of the commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.

8. The commission shall hold at least four regular meetings each year, and may hold special meetings at the call of the chairman.

9. Members of the commission who are not legislators serve without compensation, except that for each day or portion of a day during which a member of the commission attends a meeting of the commission or is otherwise engaged in the business of the commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

10. For each day or portion of a day during which a member of the commission who is a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, except during a regular or special session of the legislature, he is entitled to receive the:

(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers and employees generally; and

The compensation, per diem allowances and travel expenses of the legislative members of the commission must be paid from the legislative fund.

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Sec. 30. NRS 389.015 is hereby amended to read as follows:

389.015 1. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Writing; [and

(d) Science.

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 8 , 10 and 11.

(b) Administered in each school district at the same time. The time for the administration of the examinations must be prescribed by the state board.

(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school within the school district. Not more than 10 working days after each school receives the results of the examinations, the principal of each school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with

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Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board.

5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4 [or 8,] , 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating inadequate achievement pursuant to section 7 of this act, the pupil must, in accordance with the requirements set forth in this subsection, complete a program of remedial study pursuant to section 10 of this act.

6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

[6.] 7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading , [and] mathematics and science prescribed for grades 4 , [and] 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 , [and] 8 and 10 in this state to that of a national reference group of pupils in grades 4 [and 8.] , 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering and evaluating the examinations.

(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer’s duties.

(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

Sec. 31. NRS 389.017 is hereby amended to read as follows:

389.017 1. The state board shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction [,] and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th , 10th and 11th grades [of] to public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

2. The results of examinations administered to all pupils must be reported for each school, school district and this state as follows:

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(a) The average score of pupils with disabilities for whom different standards of achievement are adopted or other modifications or accommodations are made if such reporting does not violate the confidentiality of the test scores of any individual pupil;

(b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and

3. On or before November 1 of each year, each school district shall report to the department the following information for each examination administered in the public schools in the school district:

(a) The examination administered;

(b) The grade level or levels of pupils to whom the examination was administered;

(d) The purpose, if any, for which the results of the examination are used by the school district.

On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

4. The superintendent of schools of each school district shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

(a) His proficiency in the English language is below the average proficiency of pupils at the same grade level; or

(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

5. In addition to the information required by subsection 3, the superintendent of public instruction shall:

(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

Sec. 64. 1. This section and section 63 of this act become effective upon passage and approval.

2. Subsection 1 of section 61 of this act becomes effective on June 30, 1997. Subsections 2 to 11, inclusive, of section 61 of this act become effective on July 1, 1997.

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3. Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.

4. Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.

5. Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, 2001.

6. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to [42,] 42.1, inclusive, 46 to 60, inclusive, and 62 of this act become effective on July 1, 1997.

7. Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.

8. Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.

2. Chapter 473, Statutes of Nevada 1997, at page 1779, is hereby amended by adding thereto a new section to be designated as section 42.1, immediately following section 42, to read as follows:

Sec. 42.1. Sections 42 and 43 of chapter 480, Statutes of Nevada 1997, at pages 1868 and 1869, respectively, are hereby amended to read respectively as follows:

Sec. 42. NRS 389.015 is hereby amended to read as follows:

389.015 1. The board of trustees of each school district shall administer examinations in all public schools [within its district to] of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Writing;

(d) Science.

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 8, 10 and 11.

(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

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3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district [.] and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school within the school district. Not more than 10 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating inadequate achievement pursuant to section 7 of [this act,] Senate Bill No. 482 of this session, the pupil must, in accordance with the requirements set forth in this subsection, complete a program of remedial study pursuant to section 10 of [this act.] Senate Bill No. 482 of this session.

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proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering and evaluating the examinations.

(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer’s duties.

Sec. 43. NRS 389.017 is hereby amended to read as follows:

389.017 1. The state board shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils [in] of the district [.] and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

2. The results of examinations administered to all pupils must be reported for each school, including, without limitation, each charter school, school district and this state as follows:

(b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and

3. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district [:] or charter school:

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ê1999 Statutes of Nevada, Page 484 (Chapter 105, SB 453)ê

following information for each examination administered in the public schools in the school district [:] or charter school:

(a) The examination administered;

(b) The grade level or levels of pupils to whom the examination was administered;

(d) The purpose, if any, for which the results of the examination are used by the school district [.] or charter school.

4. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

(a) His proficiency in the English language is below the average proficiency of pupils at the same grade level; or

(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

5. In addition to the information required by subsection 3, the superintendent of public instruction shall:

(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

Sec. 53. Section 3 of chapter 474, Statutes of Nevada 1997, at page 1790, is hereby amended to read as follows:

Sec. 3. NRS 41.500 is hereby amended to read as follows:

41.500 1. Except as otherwise provided in NRS 41.505, any person in this state who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

2. Any person in this state who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

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volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

3. Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this state, other than a driver or attendant, of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.

4. Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

5. Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

6. Any person who:

(a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

(b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

(c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency, and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

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and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

7. For the purposes of subsection 6, a person who:

(a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to section 1 of [this act;] Senate Bill No. 316 of this session; and

(b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

shall be presumed to have acted other than in the course of his regular employment or profession.

8. Any person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:

(a) Included training in the operation and use of an automatic external defibrillator; and

(b) Was conducted in accordance with the standards of the American Heart Association,

and who renders emergency medical care involving the use of an automatic external defibrillator in accordance with his training is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care. A business or organization that employs a person who renders emergency care in accordance with this subsection is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automatic external defibrillator to the person for the purpose of rendering such care.

Sec. 54. Sections 3, 5, 6, 8 and 34 of chapter 476, Statutes of Nevada 1997, at pages 1802, 1804, 1806 and 1821, are hereby amended to read respectively as follows:

Sec. 3. NRS 171.137 is hereby amended to read as follows:

171.137 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, [a] any other person to whom he is related by blood [,] or marriage, a person with whom he is or was actually residing [or] , a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, [his] the minor child of any of those persons or [a] his minor child . [of that person.]

2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor.

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agressor. If the peace officer determines that one of the persons who allegedly [committing] committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

(a) Prior domestic violence involving either person;

(b) The relative severity of the injuries inflicted upon the persons involved;

(d) Whether one of the alleged batteries was committed in self-defense; and

(e) Any other factor [which helps] that may help the peace officer decide which person [is] was the primary physical aggressor.

3. A peace officer shall not base his decision regarding whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.

4. As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

Sec. 5. NRS 3.223 is hereby amended to read as follows:

3.223 1. Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

(a) Brought pursuant to chapter 31A, 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to the extent that a specific statute authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

(b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

(d) Otherwise within the jurisdiction of the juvenile court.

(e) To establish the date of birth, place of birth or parentage of a minor.

(f) To change the name of a minor.

(g) For a judicial declaration of the sanity of a minor.

(h) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

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2. The family court, where established, and the justices’ court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

3. The family court, where established, and the district court, have concurrent jurisdiction over any action for damages brought pursuant to section 16 of this act by a person who suffered injury as the proximate result of an act that constitutes domestic violence.

Sec. 6. NRS 4.373 is hereby amended to read as follows:

4.373 1. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

(d) Abstain from the use of alcohol and controlled substances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;

(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act; or

and that he comply with any other condition of suspension ordered by the justice of the peace.

3. The justice of the peace may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the compliance of the offender with the conditions of suspension.

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times as he deems appropriate [,] concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

[3.] 4. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

Sec. 8. NRS 5.055 is hereby amended to read as follows:

5.055 1. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:

(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

(d) Abstain from the use of alcohol and controlled substances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;

(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act; or

and that he comply with any other condition of suspension ordered by the municipal judge.

3. The municipal judge may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the compliance of the offender with the conditions of suspension.

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ê1999 Statutes of Nevada, Page 490 (Chapter 105, SB 453)ê

deems appropriate [,] concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense. [3.] 4. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

Sec. 34. 1. This section and section 30 of this act become effective on July 1, 1997.

2. Sections 1 [to 6, inclusive,] , 2, 4, 4.5, 9 to 17, inclusive, 20 to 23, inclusive, 25 to 29, inclusive, 31, 32 and 33 of this act become effective on October 1, 1997.

3. Sections 3, 5, 7 [, 8] and 24 of this act become effective at 12:01 a.m. on October 1, 1997.

4. Sections 6 and 8 of this act become effective at 12:02 a.m. on October 1, 1997.

5. Sections 18 and 19 of this act become effective on January 1, 1998.

Sec. 55. Sections 38, 55 and 56 of chapter 480, Statutes of Nevada 1997, at pages 1865 and 1875, are hereby amended to read respectively as follows:

Sec. 38. NRS 388.367 is hereby amended to read as follows:

388.367 1. There is hereby created in the state treasury the fund for the school to careers program to be administered by the state board. The superintendent may accept gifts and grants of money from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may be reduced only by specific legislative action. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to careers adopted pursuant to NRS 388.368.

3. Money in the fund must not be:

(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.

4. The state board shall establish annually, within the limits of money available in the fund, a basic allocation of [$25,000] :

(a) Twenty-five thousand dollars to each school district and each university and community college within the University and Community College System of Nevada whose application to participate in the program adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of that section. [The remaining]

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(b) Not more than $25,000 to each charter school whose application to participate in the program adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of that section.

5. Any money remaining after the allocations made pursuant to subsection 4 must be allocated to:

(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 [through] to 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; [and]

(b) Charter schools with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the charter school on the last day of the first month of the school year preceding the school year for which the money is being provided; and

(c) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.

Sec. 55. NRS 392.170 is hereby amended to read as follows:

392.170 Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:

1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child who is 17 years of age or younger for violation of any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, and sections 3 to 7, inclusive, of [this act.] Assembly Bill No. 486 of this session.

2. Make and file a written report of the investigation and the findings thereof in the records of the board.

Sec. 56. NRS 392.180 is hereby amended to read as follows: