1999 Statutes of Nevada, Pages 2387-2574

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ê1999 Statutes of Nevada, Page 2387 (Chapter 468, AB 347)ê

3. An abandonment or plugging of a well pursuant to an agreement entered into pursuant to subsection 1 must be conducted in a manner approved by the State Engineer.

4. As used in this section, “public water system” has the meaning ascribed to it in NRS 445A.840.

Sec. 14.5. The Southern Nevada Water Authority may, in consultation with the advisory committee, operate a project for the recharge and recovery or underground storage and recovery of water pursuant to chapter 534 of NRS for the benefit of owners of wells in the basin.

Sec. 2. Section 1 of chapter 572, Statutes of Nevada 1997, at page 2799, is hereby amended to read as follows:

Section 1. As used in sections 2 to 16, inclusive, and sections 14.3 and 14.5 of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. Section 13 of chapter 572, Statutes of Nevada 1997, at page 2802, is hereby amended to read as follows:

Sec. 13. 1. The Southern Nevada Water Authority may establish and collect each calendar year a fee to be assessed on users of ground water in the basin. Money raised from the fees must be used as provided in section 14 of this act.

2. Except as otherwise provided in this section:

(a) Users of ground water, other than owners of domestic wells, may be assessed a fee each calendar year of not more than [~~$10]~~ $13 per acre-foot, or its equivalent, of ground water in the basin to which they have a water right in that year.

(b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than [~~$10.]~~ $13.

3. Except as otherwise provided in subsections 4 and 5, if the Southern Nevada Water Authority operates a project for the recharge and recovery or underground storage and recovery of water pursuant to section 14.5 of this act:

(a) Users of ground water, other than owners of domestic wells, may be assessed a fee each calendar year of not more than $30 per acre-foot, or its equivalent, of ground water in the basin to which they have a water right in that year.

(b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than $30.

4. The maximum fees specified in [subsection] subsections 2 and 3 may be adjusted once each year for inflation. The maximum amount of the adjustment must be determined by multiplying the respective amounts of the fees by the percentage of inflation, if any. The Consumer Price Index published by the United States Department of Labor for July preceding the year for which the adjustment is made must be used in determining the percentage of inflation.

[4.] 5. The maximum fees may be increased by an amount [which] that is greater than the amount of the adjustment for inflation as calculated pursuant to subsection [3] 4 only if [:

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ê1999 Statutes of Nevada, Page 2388 (Chapter 468, AB 347)ê

(a) A majority of all of the voting members of the advisory committee recommends the change;

(b) The board of directors approves the recommendation; and

[5.] 6. As used in this section, “water right” means the legal right to use water that has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, permit, certificate, decree or claim of vested right.

Sec. 4. Section 14 of chapter 572, Statutes of Nevada 1997, at page 2802, is hereby amended to read as follows:

Sec. 14. Money collected pursuant to section 13 of this act must be used to:

1. Develop and distribute information promoting education and the conservation of ground water in the basin.

2. Perform such comprehensive inventories of wells of all types located within the basin as may be needed. Such inventories must be done in conjunction with the State Engineer.

3. Prepare, for use by the advisory committee, such cost-benefit analyses relating to the recharge and recovery or underground storage and recovery of [the ground] water in the basin as may be needed.

4. Develop recommendations for additional activities for the management of the basin and the protection of the aquifer in which the basin is located [.] , and to conduct such activities if the activities have been approved by the board of directors.

5. Develop and implement a program to provide financial assistance to owners of real property served by:

(a) Domestic wells; or

(b) Wells that are operated pursuant to temporary permits,

in existence before October 1, 1999, who are required by the state engineer to connect the real property to a public water system.

6. Perform such other duties as are necessary for the Southern Nevada Water Authority and the advisory committee to carry out the provisions of this act . [related to the management program.]

Sec. 5. Section 20 of chapter 572, Statutes of Nevada 1997, at page 2803, is hereby amended to read as follows:

Sec. 20. [1.] This act becomes effective upon passage and approval.

[2. If the Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin pursuant to section 18 of this act includes in the joint report to the 70th session of the Nevada Legislature the advisory committee’s recommendation that the management program be terminated, this act expires by limitation 90 days after the date on which the report is submitted to the Director of the Legislative Counsel Bureau pursuant to section 12 of this act.]

Sec. 6. Section 18 of chapter 572, Statutes of Nevada 1997, at page 2803, is hereby repealed.

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ê1999 Statutes of Nevada, Page 2389 (Chapter 468, AB 347)ê

Sec. 7. The amendatory provisions of subsection 3 of section 13 of chapter 572, Statutes of Nevada 1997, as amended by this act, do not apply to a state agency in the Las Vegas Valley Ground Water Basin until July 1, 2001.

Sec. 8. This act becomes effective upon passage and approval.

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CHAPTER 469, AB 346

Assembly Bill No. 346–Committee on Ways and Means

CHAPTER 469

AN ACT making an appropriation to the Motor Pool Division of the Department of Administration for the purchase of additional vehicles; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. There is hereby appropriated from the state general fund to the Motor Pool Division of the Department of Administration the sum of $816,788 for the purchase of additional vehicles.

Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 470, AB 321

Assembly Bill No. 321–Committee on Ways and Means

CHAPTER 470

AN ACT making an appropriation to the legislative fund for additional equipment and software for information systems for the Legislative Counsel Bureau; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $874,000 for additional equipment and software for information systems for the Legislative Counsel Bureau.

Sec. 3. This act becomes effective upon passage and approval.

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ê1999 Statutes of Nevada, Page 2390ê

CHAPTER 471, AB 298

Assembly Bill No. 298–Committee on Government Affairs

CHAPTER 471

AN ACT relating to public works projects; requiring the adoption of criteria for the qualification of bidders on certain contracts for public works; making an exemption for local governments and the department of transportation in certain circumstances; requiring a person to qualify before bidding on such contracts in certain circumstances; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

Sec. 2. 1. A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:

(a) Sections 3 to 11, inclusive, of this act; or

(b) NRS 338.143, 338.145 and 338.147.

2. The provisions of sections 3 to 11, inclusive, of this act and NRS 338.143, 338.145 and 338.147 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the department of transportation pursuant to NRS 408.313 to 408.433, inclusive.

Sec. 3. 1. Except as otherwise provided in section 6 of this act, a public body shall not accept a bid on a contract for a public work unless the person who submits the bid has qualified pursuant to section 5 of this act to bid on that contract.

2. The governing body of each local government that sponsors or finances a public work may adopt criteria for the qualification of bidders on contracts for public works of the local government. If a governing body adopts criteria pursuant to this subsection, the governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.

3. The state public works board shall adopt criteria for the qualification of bidders on contracts for public works of this state. The criteria adopted by the state public works board pursuant to this subsection must be used by the state public works board to determine the qualification of bidders on contracts for public works of this state.

4. Before adopting criteria pursuant to this section, the state public works board or a governing body shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:

(a) Construction trade associations; and

(b) Labor unions representing trades in the building industry.

Sec. 4. The criteria adopted by the state public works board or a governing body pursuant to section 3 of this act to determine whether an applicant is qualified to bid on a contract for a public work:

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ê1999 Statutes of Nevada, Page 2391 (Chapter 471, AB 298)ê

1. Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

2. May include only:

(a) The financial ability of the applicant to perform the contract;

(b) The principal personnel of the applicant;

(c) Whether the applicant has breached any contracts with a public agency or person in this state or any other state; and

(d) Whether the applicant has been disqualified from being awarded the contract pursuant to NRS 338.017 or 338.145.

Sec. 5. 1. Except as otherwise provided in section 6 of this act, a person who wishes to qualify as a bidder on a contract for a public work must submit an application to the state public works board or the governing body.

2. Upon receipt of an application pursuant to subsection 1, the state public works board or the governing body shall:

(a) Investigate the applicant to determine whether he is qualified to bid on the contract; and

(b) After conducting the investigation, determine whether the applicant is qualified to bid on the contract. The determination must be made within 30 days after receipt of the application.

3. The state public works board or the governing body shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of his right to a hearing pursuant to section 7 of this act.

4. The state public works board or the governing body shall not use any criteria other than the criteria described in section 4 of this act in determining whether to approve or deny an application.

5. Financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the state public works board or a governing body to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

Sec. 6. A public body may accept a bid on a contract for a public work from a person who does not qualify pursuant to section 5 of this act if the person holds:

1. An unlimited contractor’s license issued by the state contractors’ board in the branch of general engineering contracting or general building contracting, or in both branches, and:

(a) At the time he submits his bid, he provides a bid bond equal to 10 percent of the amount of the bid; and

(b) At the time the contract is awarded, he provides a performance bond, a labor and material bond, and a guaranty bond, each equal to 100 percent of the amount of the contract; or

2. A contractor’s license issued by the state contractors’ board that is designated in any classification if he:

(a) Has, in the 5 years immediately preceding the submission of the bid, been found to be a responsible contractor in the classification in which his contractor’s license is designated;

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ê1999 Statutes of Nevada, Page 2392 (Chapter 471, AB 298)ê

(b) Provides a bid bond, a performance bond, a guaranty bond, and a labor and material bond in such amounts as the state public works board or governing body may require; and

(c) Employs a person determined by the state contractors’ board to be qualified to supervise each classification of construction upon which the person submitting the bid is bidding.

Sec. 7. 1. If, within 10 days after receipt of the notice denying his application, the applicant files a written request for a hearing with the state public works board or the governing body of the local government, the board or governing body shall set the matter for a hearing within 10 days after receipt of the request. The hearing must be held not later than 20 days after the receipt of the request for a hearing.

2. The hearing must be held at a time and place prescribed by the board or governing body. At least 10 days before the date set for the hearing, the board or governing body shall serve the applicant with written notice of the hearing. The notice may be served by personal delivery to the applicant or by certified mail to the last known business or residential address of the applicant.

3. The board or governing body shall issue a decision on the matter within 5 days after the hearing and notify the applicant, in writing, of its decision within 5 days after it is issued. The decision of the board or governing body is a final decision for purposes of judicial review.

Sec. 8. 1. Except as otherwise provided in subsection 7 and NRS 338.1906 and 338.1907, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:

(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or

(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

2. Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

3. Each advertisement for bids must include a provision that sets forth:

(a) The requirement that a contractor must be qualified pursuant to section 5 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to section 6 of this act; and

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ê1999 Statutes of Nevada, Page 2393 (Chapter 471, AB 298)ê

(b) The period during which an application to qualify as a bidder on the contract must be submitted.

4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

(a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;

(b) The bidder is not responsive;

(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

(d) The public interest would be served by such a rejection.

6. Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

(a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

(b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

(d) An estimate of the total cost of the project; and

(e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.

7. This section does not apply to:

(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

Sec. 9. 1. Except as otherwise provided in subsection 7, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:

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ê1999 Statutes of Nevada, Page 2394 (Chapter 471, AB 298)ê

(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or

(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

3. Each advertisement for bids must include a provision that sets forth:

(b) The period during which an application to qualify as a bidder on the contract must be submitted.

5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

(a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;

(b) The bidder is not responsive or responsible;

(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

(d) The public interest would be served by such a rejection.

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ê1999 Statutes of Nevada, Page 2395 (Chapter 471, AB 298)ê

(d) An estimate of the total cost of the project; and

(e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.

7. This section does not apply to:

(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

Sec. 10. 1. A public body awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.

2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body to be a qualified bidder pursuant to section 5 of this act or was exempt from meeting such qualifications pursuant to section 6 of this act without requiring that new bids be submitted.

Sec. 11. 1. A public body shall award a contract for a public work to the contractor who submits the best bid.

2. Except as otherwise provided in subsection 4 or limited by subsection 5, for the purposes of this section, a contractor who:

(a) Has been determined by the public body to be a qualified bidder pursuant to section 5 of this act or is exempt from meeting such qualifications pursuant to section 6 of this act; and

(b) At the time he submits his bid, provides to the public body proof of the payment of:

(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of his bid;

(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of his bid; or

(3) Any combination of those sales and use taxes and motor vehicle privilege tax,shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

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ê1999 Statutes of Nevada, Page 2396 (Chapter 471, AB 298)ê

shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

3. A contractor who has previously provided the public body awarding a contract with the proof of payment required pursuant to subsection 2 may update that proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.

4. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply if the application of those provisions would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

5. Except as otherwise provided in subsection 6, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

6. Except as otherwise provided in subsection 8, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 7, the provisions of subsection 2 apply only to those joint venturers who have that responsibility.

7. For the purposes of subsection 6, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:

(a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;

(b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

(d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

8. The provisions of subsection 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

Sec. 12. NRS 338.010 is hereby amended to read as follows:

338.010 As used in this chapter:

1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

2. “Eligible bidder” means a person who was [found] :

(a) Found to be a responsible contractor by a [public body] local government which awarded a contract for a public work [.] in accordance with paragraph (b) of subsection 1 of section 2 of this act; or

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ê1999 Statutes of Nevada, Page 2397 (Chapter 471, AB 298)ê

(b) Determined by a public body which awarded a contract for a public work pursuant to sections 3 to 11, inclusive, of this act, to be qualified to bid on that contract pursuant to section 5 of this act or was exempt from meeting such qualifications pursuant to section 6 of this act.

3. “Offense” means failing to:

(a) Pay the prevailing wage required pursuant to this chapter;

(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or

4. “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

5. “Public work” means any project for the new construction, repair or reconstruction of:

(a) A project financed in whole or in part from public money for:

(1) Public buildings;

(2) Jails and prisons;

(3) Public roads;

(4) Public highways;

(5) Public streets and alleys;

(6) Public utilities which are financed in whole or in part by public money;

(7) Publicly owned water mains and sewers;

(8) Public parks and playgrounds;

(9) Public convention facilities which are financed at least in part with public funds; and

(10) [All] Any other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.

(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by [the] this state or from federal money.

6. “Wages” means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

7. “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.

Sec. 13. NRS 338.0115 is hereby amended to read as follows:

338.0115 1. Except as otherwise provided in subsection 2, the provisions of this chapter and chapters 332 and 339 of NRS do not apply to a contract under which a private developer, for the benefit of a private development, constructs a water or sewer line extension and any related appurtenances:

(a) Which qualify as a public work pursuant to NRS 338.010; and

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ê1999 Statutes of Nevada, Page 2398 (Chapter 471, AB 298)ê

(b) For which he will receive a monetary contribution or refund from a public body as reimbursement for a portion of the costs of the project.

2. If, pursuant to the provisions of such a contract, the developer is not responsible for paying all of the initial construction costs of the project, the provisions of NRS 338.013 to 338.090, inclusive, and 338.140 to 338.147, inclusive, and sections 2 to 11, inclusive, of this act apply to the contract.

Sec. 14. NRS 338.143 is hereby amended to read as follows:

338.143 1. Except as otherwise provided in subsection 6 and NRS [338.1906 and 338.1907, an agency or political subdivision of the state,] 338.1907, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work [,] who represents that local government, shall not:

(a) Commence such a project [,] for which the estimated cost exceeds $100,000 [,] unless it advertises in a newspaper of general circulation in [the] this state for bids for the project; or

(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

2. Except as otherwise provided in subsection 6, a [public body] local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The [public body] local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the [public body] local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

4. Any [or all] bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

(a) The bidder is not responsive or responsible;

(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

5. Before [an agency or political subdivision of the state] a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

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ê1999 Statutes of Nevada, Page 2399 (Chapter 471, AB 298)ê

(a) A list of all persons, including supervisors, [who the agency or political subdivision] whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

(b) A list of all equipment that the [agency or political subdivision] local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

(d) An estimate of the total cost of the project; and

(e) An estimate of the amount of money the [agency or political subdivision] local government expects to save by rejecting the bids and performing the project itself.

6. This section does not apply to:

(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

Sec. 15. NRS 338.143 is hereby amended to read as follows:

338.143 1. Except as otherwise provided in subsection 6, [an agency or political subdivision of the state,] a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work [,] who represents that local government, shall not:

(a) Commence such a project [,] for which the estimated cost exceeds $100,000 [,] unless it advertises in a newspaper of general circulation in [the] this state for bids for the project; or

(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

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ê1999 Statutes of Nevada, Page 2400 (Chapter 471, AB 298)ê

4. Any [or all] bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

(a) The bidder is not responsive or responsible;

(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

(d) An estimate of the total cost of the project; and

(e) An estimate of the amount of money the [agency or political subdivision] local government expects to save by rejecting the bids and performing the project itself.

6. This section does not apply to:

(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

Sec. 16. NRS 338.145 is hereby amended to read as follows:

338.145 1. A [public body] local government awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2401 (Chapter 471, AB 298)ê

2. If, after awarding the contract, the [public body] local government discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the [public body] local government shall reject the bid and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.

Sec. 17. NRS 338.147 is hereby amended to read as follows:

338.147 1. A [public body] local government shall award a contract for a public work to the contractor who submits the best bid.

2. Except as otherwise provided in subsection 4 or limited by subsection 5, for the purposes of this section, a contractor who:

(a) Has been found to be a responsible contractor by the [public body;] local government; and

(b) At the time he submits his bid, provides to the [public body] local government proof of the payment of:

(3) Any combination of such sales and use taxes and motor vehicle privilege tax,

3. A contractor who has previously provided the [public body] local government awarding a contract with the proof of payment required pursuant to subsection 2 may update such proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.

4. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

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ê1999 Statutes of Nevada, Page 2402 (Chapter 471, AB 298)ê

(a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;

(b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

(d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

8. The provisions of subsection 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

Sec. 18. NRS 338.1906 is hereby amended to read as follows:

338.1906 1. Upon request by or consultation with an officer or employee of the state who is responsible for the budget of a department, board, commission, agency or other entity of the state, the appropriate energy retrofit coordinator may request the approval of the state board of examiners to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission, agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.

2. Upon approval of the state board of examiners, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

(a) The name and location of the coordinator;

(b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

(c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

(d) The date and time not later than which proposals must be received by the coordinator; and

(e) The date and time when responses will be opened.

3. The request for proposals must be published in at least one newspaper of general circulation in the state.

4. After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

(a) The best interests of the state;

(b) The experience and financial stability of the persons submitting the proposals;

(d) The prices of the proposals; and

(e) Any other factor disclosed in the request for proposals.

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ê1999 Statutes of Nevada, Page 2403 (Chapter 471, AB 298)ê

5. The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

6. After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the board of examiners to award the contract. The request for approval must include the proposed method of financing the audit and retrofit , which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the state to make payments beyond the biennium in which the contract is executed , but the interest due on any debt created pursuant to this section must be paid at least semiannually, payments must be made on the principal at least annually and the debt must be fully repaid on or before May 1, 2013.

7. Before approving a retrofit pursuant to this section, the state board of examiners shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the state to make payments beyond the biennium in which the contract is executed to ensure that:

(a) The amount of energy to be saved will likely justify the cost of the retrofit;

(b) The state is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings; and

8. Upon approval of the state board of examiners, the coordinator shall execute the contract and notify:

(a) The state board of examiners of the total amount of money committed by the contract per year; and

(b) Each officer or employee who is responsible for the budget of a department, board, commission, agency or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

9. The total amount of money committed beyond the biennium for all contracts executed pursuant to this section must not exceed $5,000,000 at any one time.

10. The legislature hereby pledges that a tax will be levied to pay the principal and interest on any indebtedness resulting from a contract executed pursuant to this section as they become due if the required payments will not be made by the entity that executed the contract from its budgeted accounts and the proceeds from any such taxes are hereby specially appropriated for this purpose.

11. [NRS 338.143] Section 8 of this act does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2404 (Chapter 471, AB 298)ê

Sec. 19. NRS 338.1907 is hereby amended to read as follows:

338.1907 1. The governing body of a local government may designate one or more energy retrofit coordinators for the buildings occupied by the local government.

2. If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.

3. Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

(a) The name and location of the coordinator;

(b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

(c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

(d) The date and time not later than which proposals must be received by the coordinator; and

(e) The date and time when responses will be opened.

4. The request for proposals must be published in at least one newspaper of general circulation in the county in which the local government is located.

5. After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

(a) The best interests of the local government;

(b) The experience and financial stability of the persons submitting the proposals;

(d) The prices of the proposals; and

(e) Any other factor disclosed in the request for proposals.

6. The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

7. After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit , which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2405 (Chapter 471, AB 298)ê

8. Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:

(a) The amount of energy to be saved will likely justify the cost of the retrofit; and

(b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.

9. Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

10. NRS 338.143 [does] and section 8 of this act do not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.

Sec. 20. NRS 341.147 is hereby repealed.

Sec. 21. 1. This section and sections 2 to 8, inclusive, 10 to 14, inclusive, and 16 to 20, inclusive, of this act become effective on October 1, 1999.

2. Sections 9 and 15 of this act become effective at 12:01 a.m. on May 1, 2013.

3. Sections 8, 14, 18 and 19 of this act expire by limitation on May 1, 2013.

________

CHAPTER 472, AB 12

Assembly Bill No. 12–Committee on Government Affairs

CHAPTER 472

AN ACT relating to administrative procedure; revising the definition of “regulation” for purposes of the Nevada Administrative Procedure Act; exempting certain agencies from the provisions of the Act in certain circumstances; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:

An agency that takes an emergency action as described in paragraph (l) of subsection 2 of NRS 233B.038 shall file with the legislative counsel within 5 working days after taking the action a statement that describes the action taken and the reason for the action. If the agency is prohibited by federal law, regulation, interpretation or instruction from describing the action taken or the reason for the action, the statement must cite the federal law, regulation, interpretation or instruction that prohibits such disclosure.

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ê1999 Statutes of Nevada, Page 2406 (Chapter 472, AB 12)ê

disclosure. The legislative counsel shall include a statement filed pursuant to this section in the register of administrative regulations published pursuant to NRS 233B.0653.

Sec. 2. NRS 233B.038 is hereby amended to read as follows:

233B.038 1. “Regulation” means [~~an]~~ :

(a) An agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency [. The term includes a] ;

(b) A proposed regulation [and the] ;

(d) The general application by an agency of a written policy, interpretation, process or procedure to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.

2. The term does not include:

[1.] (a) A statement concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

[2.] (b) A declaratory ruling;

[3.] (c) An intraagency memorandum;

[~~4.]~~ (d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with a federal or state statute or regulation;

(e) An agency decision or finding in a contested case; [or

5.] (f) An advisory opinion issued by an agency that is not of general applicability;

(g) A published opinion of the attorney general;

(h) An interpretation of an agency that has statutory authority to issue interpretations;

(i) Letters of approval, concurrence or disapproval issued in relation to a permit for a specific project or activity;

(j) A contract or agreement into which an agency has entered;

(k) The provisions of a federal law, regulation or guideline;

(l) An emergency action taken by an agency that is necessary to protect public health and safety;

(m) The application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest;

(n) A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs [and signals.] , signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484.781; or

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2407 (Chapter 472, AB 12)ê

(o) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the board of wildlife commissioners pursuant to the provisions of Title 45 of NRS.

Sec. 3. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(d) The office of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The welfare division of the department of human resources.

(h) The state board of examiners acting pursuant to chapter 217 of NRS.

(i) Except as otherwise provided in NRS 533.365, the office of the state engineer.

(j) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.

(k) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

2. Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

(e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

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

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2408 (Chapter 472, AB 12)ê

(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

Sec. 4. NRS 590.830 is hereby amended to read as follows:

590.830 1. The fund for cleaning up discharges of petroleum is hereby created as a special revenue fund in the state treasury. The division shall administer the fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund. The board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

2. The expenses incurred by the division in performing its duties pursuant to NRS 590.700 to 590.920, inclusive, are a charge against the fund. The interest earned on money in the fund must be credited to the fund.

3. The board shall transmit a copy of any resolution that the board has adopted in carrying out its duties pursuant to this section to the legislative counsel within 5 working days after the adoption of the resolution for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

Sec. 5. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:

The division shall submit a written report quarterly to the advisory council of the division which lists each citation issued by the division for a violation of NRS 618.375 during that quarter and the circumstances for which the citation was issued. Within 5 working days after submission of such a report to the advisory council, the division shall transmit the report to the legislative counsel for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

Sec. 6. This act becomes effective on July 1, 1999, for the purpose of adopting regulations to comply with the amendatory provisions of section 2 of this act and on January 1, 2000, for all other purposes.

________

CHAPTER 473, SB 30

Senate Bill No. 30–Senator Amodei

CHAPTER 473

AN ACT relating to justices’ courts; increasing the monetary limit of claims adjudicated in justices’ courts pursuant to the procedure for small claims; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 4.060 is hereby amended to read as follows:

4.060 1. Except as otherwise provided in this section, each justice of the peace shall charge and collect the following fees:

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2409 (Chapter 473, SB 30)ê

(a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

If the sum claimed does not exceed $1,000............................................................................................................ $28.00

If the sum claimed exceeds $1,000 but does not exceed $2,500.......................................................................... 50.00

If the sum claimed exceeds $2,500 but does not exceed $4,500........................................................................ 100.00

If the sum claimed exceeds $4,500 but does not exceed $6,500........................................................................ 125.00

If the sum claimed exceeds $6,500 but does not exceed $7,500........................................................................ 150.00

In all other civil actions.................................................................................................................................................. 28.00

(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

If the sum claimed does not exceed $1,000.............................................................................................................. 25.00

If the sum claimed exceeds $1,000 but does not exceed $2,500.......................................................................... 45.00

If the sum claimed exceeds $2,500 but does not exceed [$3,500] $5,000.......................................................... 65.00

(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

In all civil actions............................................................................................................................................................ 12.00

For every additional defendant, appearing separately.............................................................................................. 6.00

(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

(e) For the filing of any paper in intervention................................................................................................................... 6.00

(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court........................................................................................................................................................ 6.00

(g) For filing a notice of appeal, and appeal bonds....................................................................................................... 12.00

One charge only may be made if both papers are filed at the same time.

(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.................................. 12.00

(i) For preparation and transmittal of transcript and papers on appeal.................................................................... 12.00

(j) For celebrating a marriage and returning the certificate to the county recorder................................................. 35.00

(k) For entering judgment by confession........................................................................................................................... 6.00

(l) For preparing any copy of any record, proceeding or paper, for each page............................................................ .30

(m) For each certificate of the clerk, under the seal of the court.................................................................................. 3.00

(n) For searching records or files in his office, for each year.......................................................................................... 1.00

(o) For filing and acting upon each bail or property bond .......................................................................................... 40.00

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2410 (Chapter 473, SB 30)ê

2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.

4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state treasurer pursuant to subsection 5.

5. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.

Sec. 2. NRS 73.010 is hereby amended to read as follows:

73.010 In all cases arising in the justice’s court for the recovery of money only, where the amount claimed does not exceed [$3,500] $5,000 and the defendant named:

1. Is a resident of;

2. Does business in; or

3. Is employed in,

the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.

Sec. 3. The amendatory provisions of this act apply only to an action filed on or after October 1, 1999.

________

CHAPTER 474, SB 31

Senate Bill No. 31–Senator Amodei

CHAPTER 474

AN ACT relating to holidays; changing the legal holiday for the observance of Nevada Day; removing the exception that allows schools to remain open on Nevada Day; revising the provision governing the transaction of banking business on holidays and weekends; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 236.015 is hereby amended to read as follows:

236.015 1. The following days are declared to be legal holidays for state, county and city governmental offices:

January 1 (New Year’s Day)

[Third] Martin Luther King, Jr.’s birthday is on January 15 but is to be observed on the third Monday in January [(Martin Luther King, Jr.’s Birthday)Third] Washington’s birthday is on February 22 but is to be observed on the third Monday in February [(Washington’s Birthday)]

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ê1999 Statutes of Nevada, Page 2411 (Chapter 474, SB 31)ê

Third] Washington’s birthday is on February 22 but is to be observed on the third Monday in February [(Washington’s Birthday)]

Last Monday in May (Memorial Day)

July 4 (Independence Day)

First Monday in September (Labor Day)

Nevada Day is October 31 [(Nevada Day)] but is to be observed on the last Friday in October

November 11 (Veterans’ Day)

Fourth Thursday in November (Thanksgiving Day)

Friday following the fourth Thursday in November (Family Day)

December 25 (Christmas Day)

Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans’ Day.

2. Except as otherwise provided by NRS 293.560 and 293C.527, all state, county and city offices, courts, public schools and the University and Community College System of Nevada must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.

3. If January 1, July 4, [October 31,] November 11 or December 25 falls upon a:

(a) Sunday, the Monday following must be observed as a legal holiday.

(b) Saturday, the Friday preceding must be observed as a legal holiday.

Sec. 2. NRS 293.560 is hereby amended to read as follows:

293.560 1. Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.

2. The offices of the county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the office of the county clerk must also be open from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

(a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.

(b) In all other counties, those offices must be open during the last 5 days before registration closes.

3. Except for a special election held pursuant to chapter 306 or 350 of NRS:

(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.

(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2412 (Chapter 474, SB 31)ê

4. The offices of the county clerk and other ex officio registrars may remain open on the last Friday in October [31] in each even-numbered year.

Sec. 3. NRS 388.110 is hereby amended to read as follows:

388.110 No school may be kept open on any day declared to be a legal holiday pursuant to NRS 236.015 . [except that any board of trustees of a school district may elect to keep school open on October 31 (or other day observed as Nevada Day) and observe such holiday with appropriate exercises.]

Sec. 4. NRS 662.255 is hereby amended to read as follows:

662.255 1. A bank may elect to close on Saturdays, Sundays or legal holidays. Except as otherwise provided in subsection 2 and NRS 104.4303, if a bank elects not to close on a Saturday, Sunday or legal holiday, all business transacted on a Saturday, Sunday or legal holiday shall be deemed to have been transacted on the next banking day that is not a Saturday, Sunday or legal holiday.

2. If a bank elects not to close on a Saturday, Sunday or legal holiday which falls on the last day of a calendar year, that day shall be deemed a regular banking day for the purposes of transacting business.

3. As used in this section, the term “legal holiday” includes all days which are declared by NRS 236.015 to be legal holidays.

Sec. 5. 1. This section and section 4 of this act become effective on October 1, 1999.

2. Sections 1, 2 and 3 of this act become effective on January 1, 2000.

________

CHAPTER 475, SB 38

Senate Bill No. 38–Committee on Commerce and Labor

CHAPTER 475

AN ACT relating to industrial insurance; requiring certain records of an employer who is insured by a private carrier to be open to inspection by that private carrier; expanding the types of organizations or associations of employers to which private carriers may provide industrial insurance; changing the period within which an insurer must provide notice that an employer has changed insurers or allowed his industrial insurance to lapse; revising the provisions concerning employee leasing companies; requiring an insurer to notify certain claimants of circumstances under which a claim for workers’ compensation may be closed automatically; providing a penalty; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 616A.465 is hereby amended to read as follows:

616A.465 1. Except as otherwise provided in this section, the division shall:

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

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

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2413 (Chapter 475, SB 38)ê

(c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and

(d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive.

2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:

(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 industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The 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.

6. As used in this section, “employee leasing company” has the meaning ascribed to it in NRS 616B.670.

Sec. 2. NRS 616A.485 is hereby amended to read as follows:

616A.485 1. The books, records and payrolls of an employer insured by the system must be open to inspection by the administrator, the system or its auditor or agent or by auditors of the department of taxation to determine:

(a) The accuracy of the payroll;

(b) The number of persons employed; and

2. The books, records and payroll of an employer who is self-insured, a member of an association of self-insured public or private employers or insured by a private carrier must be open to inspection by the administrator or his auditor or agent in the manner prescribed in subsection 1.

3. The books, records and payroll of an employer who is insured by a private carrier must be open to inspection by that private carrier or its auditor or agent in the manner prescribed in subsection 1.

Sec. 3. NRS 616B.026 is hereby amended to read as follows:

616B.026 1. An insurer, other than a self-insured employer or an association of self-insured public or private employers, shall provide to each employer to whom the insurer provides industrial insurance , whether or not the employer is a member of a group that is provided with industrial insurance pursuant to NRS 616B.036, a certificate of insurance which indicates that the employer has obtained a policy of industrial insurance.

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ê1999 Statutes of Nevada, Page 2414 (Chapter 475, SB 38)ê

2. A certificate of insurance provided by an insurer pursuant to subsection 1 must include, without limitation:

(a) The name of the insurer;

(b) The name of the insured;

(d) The period for which the policy is effective.

Sec. 4. NRS 616B.036 is hereby amended to read as follows:

616B.036 1. The system and private carriers may provide industrial insurance for an organization or association of employers as a group if:

(a) The members of the [group or] organization or association are engaged in a common trade or business; and

(b) The formation and operation of a program of industrial insurance for the organization or association will substantially assist in the handling of claims and the prevention of accidents for the employers as a group.

2. Notwithstanding the provisions of subsection 1, the system and private carriers may provide industrial insurance for an organization or association of employers as a group whose members are not engaged in a common trade or business if:

(a) The organization or association of employers is formed and maintained for purposes other than obtaining industrial insurance; and

(b) The contract or other agreement pursuant to which the system or the private carrier will provide industrial insurance for the organization or association provides that:

(1) A separate policy will be issued to each member of the organization or association; and

(2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not liable for the cost of the administration of claims or the compensation payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

3. The commissioner must approve each [group or] organization or association before a policy of industrial insurance may be issued to it [.

3.] as a group pursuant to subsection 1 or 2.

4. The commissioner shall adopt regulations for the qualification of [groups for industrial insurance.] organizations or associations of employers described in subsections 1 and 2.

Sec. 5. NRS 616B.460 is hereby amended to read as follows:

616B.460 1. An employer may elect to purchase industrial insurance from a private carrier for his employees pursuant to chapters 616A to 617, inclusive, of NRS.

2. An employer may elect to purchase insurance from an insurer other than his present insurer if the employer has:

(a) Given at least 10 days’ notice to the administrator of the change of insurer; and

(b) Furnished evidence satisfactory to the administrator that the payment of compensation has otherwise been secured.

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ê1999 Statutes of Nevada, Page 2415 (Chapter 475, SB 38)ê

3. Each private carrier and the system shall notify the administrator if an employer has changed his insurer or has allowed his insurance to lapse, within [24 hours or by the end of the next working day] 15 days after the insurer has notice of the change or lapse.

Sec. 6. NRS 616B.670 is hereby amended to read as follows:

616B.670 As used in NRS 616B.670 to 616B.697, inclusive, unless the context otherwise requires:

1. “Applicant” means a person seeking a certificate of [insurance] registration pursuant to NRS 616B.670 to 616B.697, inclusive, to operate an employee leasing company.

2. “Client company” means a company which leases employees, for a fee, from an employee leasing company pursuant to a written or oral agreement.

3. “Employee leasing company” means a company which, pursuant to a written or oral agreement:

(a) Places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company on a regular basis without any limitation on the duration of their employment; or

(b) Leases to a client company:

(1) Five or more part-time or full-time employees; or

(2) Ten percent or more of the total number of employees within a classification of risk established by the [system.] commissioner.

Sec. 7. NRS 616B.673 is hereby amended to read as follows:

616B.673 1. A person shall not operate an employee leasing company in this state unless he has complied with the provisions of NRS 616B.670 to 616B.697, inclusive. The [manager] administrator shall issue a certificate of [insurance] registration to each applicant who complies with the provisions of NRS 616B.670 to 616B.697, inclusive.

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

3. Each certificate of [insurance] registration issued by the [manager] administrator pursuant to NRS 616B.670 to 616B.697, inclusive, expires 1 year after it is issued unless renewed before that date.

Sec. 8. NRS 616B.676 is hereby amended to read as follows:

616B.676 An applicant for the issuance or renewal of a certificate of [insurance] registration must submit to the [manager] administrator a written application upon a form provided by the [manager.] administrator.

Sec. 9. NRS 616B.679 is hereby amended to read as follows:

616B.679 1. Each application must include:

(a) The applicant’s name and title of his position with the employee leasing company.

(b) The applicant’s age, place of birth and social security number.

(d) The business address of the employee leasing company.

(e) The business address of the resident agent of the employee leasing company, if the applicant is not the resident agent.

(f) If the applicant is a:

(1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.

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ê1999 Statutes of Nevada, Page 2416 (Chapter 475, SB 38)ê

(2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

(g) Proof of:

(1) The payment of any taxes required by chapter 364A of NRS.

(2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.

(3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

(4) Insurance coverage for any benefit plan from an insurer authorized pursuant to Title 57 of NRS that is offered by the employee leasing company to its employees.

[(5) Membership in the National Staff Leasing Association, or its successor organization.]

(h) Any other information the [manager] administrator requires.

2. Each application must be notarized and signed under penalty of perjury:

(a) If the applicant is a sole proprietorship, by the sole proprietor.

(b) If the applicant is a partnership, by each partner.

3. An applicant shall submit to the [manager] administrator any change in the information required by this section within 30 days after the change occurs. The [manager] administrator may revoke the certificate of [insurance] registration of an employee leasing company which fails to comply with the provisions of [this subsection. If the manager revokes the certificate of insurance and cancels the] NRS 616B.670 to 616B.697, inclusive.

4. If an insurer cancels an employee leasing company’s policy, the [manager] insurer shall immediately notify the administrator [, who shall proceed in accordance with the provisions of NRS 616D.110.] in writing. The notice 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.

Sec. 10. NRS 616B.694 is hereby amended to read as follows:

616B.694 The [manager, in cooperation with the administrator of the employment security division of the department of employment, training and rehabilitation, shall, and the commissioner of insurance may,] administrator may adopt regulations to carry out the provisions of NRS 616B.670 to 616B.697, inclusive.

Sec. 11. NRS 616B.697 is hereby amended to read as follows:

616B.697 An action for damages caused by the failure of an employee leasing company to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any person who is required to sign the application for a certificate of [insurance] registration for the employee leasing company.

Sec. 12. NRS 616C.235 is hereby amended to read as follows:

616C.235 1. Except as otherwise provided in subsection 2:

(a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant.

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ê1999 Statutes of Nevada, Page 2417 (Chapter 475, SB 38)ê

first-class mail addressed to the last known address of the claimant. The notice must include a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

(b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

(c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

2. If , during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $500, the claim closes automatically . [if the claimant does not receive medical treatment for the injury for at least 12 months.] The claimant may not appeal the closing of such a claim. The insurer shall send to each claimant who receives less than $500 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed automatically pursuant to this subsection. The written notice does not create any right to appeal the contents of that notice. The written notice must be:

(a) Sent by first-class mail addressed to the last known address of the claimant; and

(b) A document that is separate from any other document or form that is used by the insurer.

The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

Sec. 13. NRS 616D.250 is hereby amended to read as follows:

616D.250 1. Any employer insured by the system who refuses to submit his books, records and payroll for inspection, as provided by NRS 616A.485, to a representative of the system or the administrator, or to an auditor from the department of taxation [,] presenting written authority for the inspection, is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the system or the administrator.

2. A self-insured employer, a member of an association of self-insured public or private employers or an employer insured by a private carrier who refuses to submit his books, records and payroll to the administrator or the private carrier for inspection as provided by NRS 616A.485 [,] is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the administrator [.] or the private carrier, as applicable.

3. The person who gives such refusal is guilty of a misdemeanor.

Sec. 14. 1. This section and sections 6 to 12, inclusive, of this act become effective on July 1, 1999.

2. Sections 1 to 5, inclusive, and 13 of this act become effective at 12:01 a.m. on July 1, 1999.

________

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ê1999 Statutes of Nevada, Page 2418ê

CHAPTER 476, SB 282

Senate Bill No. 282–Committee on Finance

CHAPTER 476

AN ACT relating to state financial administration; reallocating an appropriation for education that was made by the 69th session of the Nevada Legislature; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. Section 53 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:

Sec. 53. 1. There is hereby appropriated from the state general fund to the department of education the sum of [~~$23,950]~~ $57,850 for the payment of compensation, per diem allowances and travel expenses pursuant to subsection 8 of section 43 of this act.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 2. Section 54 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:

Sec. 54. 1. There is hereby appropriated from the state general fund to the department of education to pay the costs incurred by the department of education for purchasing, administering and scoring the examinations required of pupils who are enrolled in the 10th grade by the amendatory provisions of NRS 389.015:

For the fiscal year 1997-1998............................................ $130,000

For the fiscal year 1998-1999............................ [$85,000] $96,500

2. The examinations purchased and administered by the department of education must be:

(a) Purchased from the same vendor from whom the 4th and 8th grade examinations are purchased; and

(b) The version of the examination that is administered to pupils in the 4th and 8th grades which is appropriate for administration in the 10th grade.

3. The sums appropriated by subsection 1 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.

Sec. 3. Section 59 of chapter 473, Statutes of Nevada 1997, at page 1785, is hereby amended to read as follows:

Sec. 59. 1. There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of [~~$82,100]~~ $36,700 to pay the salary, travel expenses, administrative and equipment expenses of an employee responsible for carrying out, administering, monitoring and evaluating the effectiveness of programs of remediation adopted by the department of education pursuant to section 10 of this act.

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ê1999 Statutes of Nevada, Page 2419 (Chapter 476, SB 282)ê

effectiveness of programs of remediation adopted by the department of education pursuant to section 10 of this act.

Sec. 4. This act becomes effective upon passage and approval.

________

CHAPTER 477, SB 68

Senate Bill No. 68–Senator Jacobsen

CHAPTER 477

AN ACT relating to peace officers; reorganizing the peace officers’ standards and training committee in the department of motor vehicles and public safety into the peace officers’ standards and training commission and defining its duties; providing for the appointment of an executive director of the commission and defining his duties; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 284.174 is hereby amended to read as follows:

284.174 1. If personnel of the capitol police division of the department of motor vehicles and public safety are not available to provide security services for a building, office or other facility of a state agency, the state agency may, pursuant to NRS 284.173, contract with one or more independent contractors to provide such services.

2. An independent contractor with whom a state agency contracts pursuant to subsection 1 must:

(a) Be licensed as a private patrolman pursuant to chapter 648 of NRS or employed by a person so licensed; and

(b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the peace officers’ standards and training [committee] commission created pursuant to [NRS 481.053.] section 8 of this act.

Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 17, inclusive, of this act.

Sec. 3. As used in sections 3 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 4. “Category I peace officer” means a peace officer who has unrestricted duties and who is not otherwise listed as a category II or category III peace officer.

Sec. 5. “Category II peace officer” means:

1. The bailiff of the supreme court;

2. The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

3. Constables and their deputies whose official duties require them to carry weapons and make arrests;

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ê1999 Statutes of Nevada, Page 2420 (Chapter 477, SB 68)ê

4. Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

5. Parole and probation officers;

6. Special investigators who are employed full time by the office of any district attorney or the attorney general;

7. Investigators of arson for fire departments who are specially designated by the appointing authority;

8. The assistant and deputies of the state fire marshal;

9. The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred by chapter 565 of NRS;

10. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;

11. School police officers employed by the board of trustees of any county school district;

12. Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

13. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

14. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

15. Legislative police officers of the State of Nevada;

16. The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;

17. Parole counselors of the division of child and family services of the department of human resources;

18. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

19. Field investigators of the taxicab authority;

20. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests;

21. The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and

22. Criminal investigators who are employed by the secretary of state.

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ê1999 Statutes of Nevada, Page 2421 (Chapter 477, SB 68)ê

Sec. 6. “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the department of prisons.

Sec. 7. “Commission” means the peace officers’ standards and training commission.

Sec. 8. 1. The peace officers’ standards and training commission, consisting of seven members appointed by the governor, is hereby created. The governor shall appoint:

(a) One member from Clark County;

(b) One member from Washoe County;

(d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers;

(e) One member who is a category II peace officer; and

(f) One member who is a category III peace officer.

2. Members of the commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

3. The governor shall make the appointments to the commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state and employee organizations that represent only peace officers of this state who are certified by the commission.

Sec. 9. 1. The commission:

(a) Shall meet at the call of the chairman, who must be elected by a majority vote of the members of the commission.

(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this state.

(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

(1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

(2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;

(3) Qualifications for instructors of peace officers; and

(4) Requirements for the certification of a course of training.

(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

(e) May make necessary inquiries to determine whether the agencies of this state and of the local governments are complying with standards set forth in its regulations.

(f) Shall carry out the duties required of the commission pursuant to NRS 432B.610 and 432B.620.

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ê1999 Statutes of Nevada, Page 2422 (Chapter 477, SB 68)ê

(g) May perform any other acts that may be necessary and appropriate to the functions of the commission as set forth in sections 3 to 17, inclusive, of this act.

2. Regulations adopted by the commission:

(a) Apply to all agencies of this state and of local governments in this state that employ persons as peace officers;

(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

Sec. 10. The commission, by majority vote of its members, shall appoint an executive director of the commission. The executive director:

1. Must be selected with special reference to his training, experience, capacity and interest in the field of administering laws and regulations relating to the training of peace officers.

2. Is in the unclassified service of the state.

3. Shall not pursue any other business or occupation, or perform any other duties of any other office of profit without the prior approval of the commission.

4. May be removed by the commission, by a majority vote of its members, at any time for cause.

Sec. 11. With the advice of the commission, the executive director of the commission may:

1. Appoint employees, agents, consultants and other staff of the commission and prescribe their duties;

2. Administer and direct the daily operation of the staff and resources of the commission;

3. Inspect academies for training peace officers, and issue and revoke certificates of approval to such academies;

4. Certify qualified instructors for approved courses of training for peace officers and issue appropriate certificates to instructors;

5. Certify peace officers who have satisfactorily completed courses of training for peace officers and issue basic, intermediate, advanced and management professional certificates to peace officers;

6. Make recommendations to the commission concerning the issuance of executive certificates;

7. Cause annual audits to be made relating to the operation of academies for training peace officers;

8. Consult and cooperate with academies for training peace officers concerning the development of the basic and advanced training programs for peace officers;

9. Consult and cooperate with academies for training peace officers concerning the development of specialized courses of study in this state for peace officers in the areas of police science, police administration, corrections, probation, the social sciences and other related areas;

10. Consult and cooperate with other departments and agencies of this state and of local governments concerning the training of peace officers;

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ê1999 Statutes of Nevada, Page 2423 (Chapter 477, SB 68)ê

11. Report to the commission at the regular meetings of the commission and at such other times as the commission may require, and recommend the denial, suspension or revocation of certification of a peace officer to the commission as deemed necessary;

12. Execute contracts on behalf of the commission; and

13. Perform any other acts necessary and appropriate to the carrying out of his duties.

Sec. 12. 1. An account for the training of peace officers is hereby created in the state general fund. The account must be administered by the executive director of the commission. The executive director may apply for, accept and expend any gift, donation, bequest, grant or other source of money or other financial assistance from any person, association, corporation or other organization having an interest in the training of peace officers, and from the United States and any of its agencies or instrumentalities, for deposit in the account. The money in the account must be expended in accordance with the terms and conditions of the gift, donation, bequest or grant, or in accordance with subsection 2.

2. Except as otherwise provided in subsection 1, the money in the account may be used only for the training of persons whose primary duty is law enforcement or for other purposes approved by the commission.

Sec. 13. The persons upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the commission, except:

1. The chief parole and probation officer;

2. The director of the department of prisons;

3. The state fire marshal;

4. The director of the department of motor vehicles and public safety, the deputy directors of the department, the chiefs of the divisions of the department other than the investigation division, and the members of the state disaster identification team of the division of emergency management of the department;

5. The commissioner of insurance and his chief deputy;

6. Railroad policemen; and

7. California correctional officers.

Sec. 14. An application for certification as a peace officer must include the social security number of the applicant.

Sec. 15. 1. An applicant for certification as a peace officer shall submit to the peace officers’ standards and training commission the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

(b) A separate form prescribed by the commission.

3. An applicant may not be certified by the commission if the applicant for certification:

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

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ê1999 Statutes of Nevada, Page 2424 (Chapter 477, SB 68)ê

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

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

Sec. 16. 1. If the peace officers’ standards and training commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a peace officer, the commission shall deem the person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The peace officers’ standards and training commission shall reinstate a certification as a peace officer that has been suspended by a district court pursuant to NRS 425.540 if the commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 17. 1. As a condition of the certification of a peace officer employed by an agency that authorizes the use of a choke hold in the course of his duties, the peace officers’ standards and training commission shall require the peace officer to be trained in the proper use of the choke hold. In addition, the commission shall require annual training and recertification in the proper use of the choke hold if the agency employing the peace officer continues to authorize the official use of the choke hold.

2. The commission shall adopt regulations regarding the minimum training and testing required to comply with the requirements of subsection 1 and the manner in which each such agency shall demonstrate its continuing compliance with the requirements of subsection 1.

Sec. 18. NRS 289.010 is hereby amended to read as follows:

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

1. “Choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.

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ê1999 Statutes of Nevada, Page 2425 (Chapter 477, SB 68)ê

2. “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, and section 1 of [this act.

2.] Senate Bill No. 183 of this session.

3. “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

Sec. 19. NRS 289.360 is hereby amended to read as follows:

289.360 1. For the purpose of the administration and enforcement of the provisions of chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of NRS, the members of the state gaming control board and the Nevada gaming commission and those agents of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer.

2. An agent of the state gaming control board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the peace officers’ standards and training [committee,] commission, also has the powers of a peace officer when, during the performance of those duties:

(a) A felony, gross misdemeanor or misdemeanor is committed or attempted in his presence; or

(b) He is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of his presence.

3. For the purpose of protecting members of the state gaming control board and of the Nevada gaming commission and their families and property, and providing security at meetings of the board and of the commission, an agent of the board whose duties include the enforcement of statutes or regulations has the powers of a peace officer.

Sec. 20. NRS 289.410 is hereby amended to read as follows:

289.410 1. A peace officer shall not use a choke hold on any other person unless:

(a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and

(b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs him.

2. If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.

3. Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:

(a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of his duties;

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ê1999 Statutes of Nevada, Page 2426 (Chapter 477, SB 68)ê

(b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and

[4. As used in this section, “choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.]

Sec. 21. NRS 176.059 is hereby amended to read as follows:

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

Fine Assessment

$5 to $49.......................................................................................... $15

50 to 59............................................................................................... 30

60 to 69............................................................................................... 35

70 to 79............................................................................................... 40

80 to 89............................................................................................... 45

90 to 99............................................................................................... 50

100 to 199.......................................................................................... 60

200 to 299.......................................................................................... 70

300 to 399.......................................................................................... 80

400 to 499.......................................................................................... 90

500 to 1,000.................................................................................... 105

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

(a) An ordinance regulating metered parking; or

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

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

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

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ê1999 Statutes of Nevada, Page 2427 (Chapter 477, SB 68)ê

requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

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

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

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

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

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

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

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

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ê1999 Statutes of Nevada, Page 2428 (Chapter 477, SB 68)ê

(a) Training and education of personnel;

(b) Acquisition of capital goods;

(d) Audits.

8. Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:

(a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:

(1) Eighteen and one‑half percent of the amount distributed to the office of the court administrator for the administration of the courts.

(2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

(3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

(4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

(5) Three and one‑half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

(1) The central repository for Nevada records of criminal history;

(2) The peace officer’s standards and training [committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;] commission;

(3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

(4) The fund for the compensation of victims of crime.

9. As used in this section, “juvenile court” means:

(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

(b) In any other judicial district, the juvenile division of the district court.

Sec. 22. NRS 228.470 is hereby amended to read as follows:

228.470 1. The attorney general shall appoint a committee on domestic violence comprised of:

(a) One staff member of a program for victims of domestic violence;

(b) One staff member of a program for the treatment of persons who commit domestic violence;

(d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

(e) One law enforcement officer;

(f) One provider of mental health care;

(g) Two victims of domestic violence; and

(h) One person who:

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ê1999 Statutes of Nevada, Page 2429 (Chapter 477, SB 68)ê

(1) Has successfully completed a program for the treatment of persons who commit domestic violence;

(2) Has not committed a violent act following such treatment; and

(3) Has demonstrated leadership by assisting persons who commit domestic violence or victims of domestic violence.

At least two members of the committee must be residents of a county whose population is less than 100,000.

2. The committee shall:

(a) Adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence;

(b) Review, monitor and certify programs for the treatment of persons who commit domestic violence;

(c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the peace officers’ standards and training [committee] commission regarding such training;

(d) To the extent that money is available, arrange for the provision of legal services, including, without limitation, assisting a person in an action for divorce; and

(e) Submit on or before March 1 of each odd-numbered year a report to the director of the legislative counsel bureau for distribution to the regular session of the legislature. The report must include, without limitation, a summary of the work of the committee and recommendations for any necessary legislation concerning domestic violence.

3. The committee shall, at its first meeting and annually thereafter, elect a chairman from among its members.

4. The committee shall meet regularly at least semiannually and may meet at other times upon the call of the chairman. Any five members of the committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.

5. The attorney general shall provide the committee with such staff as is necessary to carry out the duties of the committee.

6. While engaged in the business of the committee, each member and employee of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

Sec. 23. NRS 432B.610 is hereby amended to read as follows:

432B.610 1. The peace officers’ standards and training [committee] commission shall:

(a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

(b) Not certify any person as a category I peace officer unless he has completed the program of training required pursuant to paragraph (a).

(d) Adopt regulations necessary to carry out the provisions of this section.

2. As used in this section, “category I peace officer” means:

(a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

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ê1999 Statutes of Nevada, Page 2430 (Chapter 477, SB 68)ê

(b) Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

(d) Members of the police department of the University and Community College System of Nevada;

(e) Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 289.260;

(f) The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety; and

(g) The personnel of the division of wildlife of the state department of conservation and natural resources who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS.

Sec. 24. NRS 432B.620 is hereby amended to read as follows:

432B.620 1. A peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years must be certified to carry out those duties by the peace officers’ standards and training [committee.] commission.

2. The peace officers’ standards and training [committee] commission shall require each peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years to complete, within 1 year after he is assigned to investigate those cases and each year thereafter, a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

3. If a law enforcement agency does not have a peace officer who is certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peace officer of another law enforcement agency who is so certified.

4. The peace officers’ standards and training [committee] commission shall:

(a) Establish the program of training required pursuant to subsection 2.

(b) Adopt regulations necessary to carry out the provisions of this section.

5. The provisions of this section do not prohibit a peace officer who is not certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610 from testifying or presenting evidence at any proceeding relating to the sexual abuse or sexual exploitation of a child under the age of 18 years.

Sec. 25. NRS 459.920 is hereby amended to read as follows:

459.920 1. A person or governmental entity shall not operate or display or cause to be operated or displayed a radar gun or similar device unless it is:

(a) On the Consumer Products List of the International Association of Chiefs of Police; and

(b) Inspected at least every 3 years to determine whether its level of power and structural integrity comply with the minimum performance specifications for that model established by the United States Department of Transportation.

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ê1999 Statutes of Nevada, Page 2431 (Chapter 477, SB 68)ê

2. Any person or governmental entity that causes to be operated or displayed a radar gun or similar device that emits nonionizing radiation shall adopt procedures for its use that protect the health and safety of the operator of the radar gun or device.

3. A peace officer must successfully complete a course of training in the proper use of a radar gun or similar device approved by the peace officers’ standards and training [committee of the department of motor vehicles and public safety] commission before he may be authorized to operate a radar gun or similar device.

Sec. 26. NRS 481.083 is hereby amended to read as follows:

481.083 1. Except for the operation of [the peace officers’ standards and training committee,] the investigation division, the division of emergency management, the state fire marshal division, the division of parole and probation and the capitol police division of the department, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.

2. All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.

Sec. 27. NRS 481.243 is hereby amended to read as follows:

481.243 1. If circumstances require the appointment of persons with special skills or training, the chief of the investigation division may appoint persons as investigators who have those special skills or training and have completed the requirements for the training of a category I peace officer . [pursuant to NRS 481.053.] A person appointed as an investigator has the powers of a peace officer while carrying out the duties assigned to him by the chief or a person designated by the chief.

2. As used in this section, “category I peace officer” has the meaning ascribed to it in NRS 432B.610.

Sec. 28. 1. Notwithstanding any specific statute to the contrary, the terms of office of all members of the peace officers’ standards and training committee expire on June 30, 1999.

2. Notwithstanding the provisions of section 8 of this act to the contrary:

(a) Not later than July 1, 1999, the governor shall appoint the seven persons who are members of the peace officers’ standards and training committee on the effective date of this section as the initial members of the peace officers’ standards and training commission, whose terms commence on July 1, 1999, and expire on the dates upon which their respective terms on the former peace officers’ standards and training committee would have expired.

(b) For the terms of the members of the peace officers’ standards commission who are appointed after the terms of the initial members of the peace officers’ standards commission expire, the governor shall appoint:

(1) Four members to serve until July 1, 2001; and

(2) Three members to serve until July 1, 2002.

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ê1999 Statutes of Nevada, Page 2432 (Chapter 477, SB 68)ê

Sec. 29. 1. Any administrative regulations adopted by the peace officers’ standards and training committee shall be deemed to have been adopted by the peace officers’ standards and training commission and remain in force until amended by the commission.

2. Any contract or other agreement entered into by the peace officers’ standards and training committee shall be deemed to have been entered into, and are binding upon and may be enforced by, the peace officers’ standards and training commission.

3. Any certification issued or other action taken by the peace officers’ standards and training committee shall be deemed to have been issued or taken, and remains in effect as if issued or taken, by the peace officers’ standards and training commission.

Sec. 30. The amendatory provisions of sections 14, 15 and 16 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

1. Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

2. Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

Sec. 31. NRS 481.053, 481.054, 481.0541, 481.0542, 481.0543 and 481.0545 are hereby repealed.

Sec. 32. 1. This section and section 28 of this act become effective upon passage and approval.

2. Sections 1 to 17, inclusive, 19 to 27, inclusive, 29 and 30 of this act become effective on July 1, 1999.

3. Sections 18 and 31 of this act become effective at 12:01 a.m. on July 1, 1999.

________

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ê1999 Statutes of Nevada, Page 2433ê

CHAPTER 478, SB 103

Senate Bill No. 103–Committee on Commerce and Labor

CHAPTER 478

AN ACT relating to professions; requiring applicants for licensure as professional engineers and land surveyors to be graduates of certain curricula approved by the state board of professional engineers and land surveyors; revising the provisions governing the active experience required of applicants for licensure as professional engineers; authorizing the state board of professional engineers and land surveyors to require certain business organizations to register with the board before engaging in or offering to engage in the practice of professional engineering or land surveying; revising the authority of the board to waive the examination on the fundamentals of engineering for certain applicants for a license as a professional engineer; revising the provisions governing the unlawful use of certain terms relating to the practice of professional engineering; providing a penalty; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 625.170 is hereby amended to read as follows:

625.170 1. The executive director of the board shall, once each year or at intervals established by the board, prepare a roster that shows, for each:

(a) Professional engineer, his name, the city in which he lives, his license number and the discipline of engineering in which he specializes.

(b) Professional land surveyor, his name, the city in which he lives and his license number.

2. The roster must be:

(a) Made available to each licensee in a manner prescribed by the board.

(b) Placed on file with the secretary of state and county and city clerks.

Sec. 2. NRS 625.177 is hereby amended to read as follows:

625.177 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to [obtain a license from] register with the board before engaging in or offering to engage in the practice of professional engineering in this state. The board may charge a fee of not more than $50 to [apply for the issuance of a license] register pursuant to this section.

2. The board may adopt regulations to carry out the provisions of this section.

Sec. 3. NRS 625.179 is hereby amended to read as follows:

625.179 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to [obtain a license from] register with the board before engaging in or offering to engage in the practice of land surveying in this state. The board may charge a fee of not more than $50 to [apply for the issuance of a license] register pursuant to this section.

2. The board may adopt regulations to carry out the provisions of this section.

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ê1999 Statutes of Nevada, Page 2434 (Chapter 478, SB 103)ê

Sec. 4. NRS 625.183 is hereby amended to read as follows:

625.183 1. A person who:

(a) Is 21 years of age or older; and

(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional engineer.

2. An applicant for licensure as a professional engineer must:

(a) Be of good character and reputation; and

(b) Pass the examination on the:

(1) Fundamentals of engineering or receive a waiver of that requirement; and

(2) Principles and practices of engineering,

pursuant to NRS 625.193.

3. An applicant for licensure as a professional engineer may not take the examination on the principles and practices of engineering, unless he:

(a) Is a graduate of an engineering curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in engineering that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work; or

(b) Has a record of 10 years or more of active experience in engineering work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work.

4. [For the purposes of determining] To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (a) of subsection 3:

(a) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a [person who is a] professional engineer [,] who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

(c) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

5. [For the purposes of determining] To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (b) of subsection 3:

(a) Satisfactory completion of 1 year of courses in engineering that are approved by the board, by a person who has not graduated from an engineering curriculum, is equivalent to 1 year of active experience in engineering.

(b) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

(c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a [person who is a] professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

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ê1999 Statutes of Nevada, Page 2435 (Chapter 478, SB 103)ê

(d) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

(e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.

6. A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.

Sec. 5. NRS 625.183 is hereby amended to read as follows:

625.183 1. A person who:

(a) Is 21 years of age or older; and

(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional engineer.

2. An applicant for licensure as a professional engineer must:

(a) Be of good character and reputation; and

(b) Pass the examination on the:

(1) Fundamentals of engineering or receive a waiver of that requirement; and

(2) Principles and practices of engineering,

pursuant to NRS 625.193.

3. An applicant for licensure as a professional engineer may not take the examination on the principles and practices of engineering, unless he [:

(a) Is] is a graduate of an engineering curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in engineering that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work . [; or

4. To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to [paragraph (a) of] subsection 3:

(a) [Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

(b)] Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

[(c)] (b) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

5. [To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (b) of subsection 3:

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ê1999 Statutes of Nevada, Page 2436 (Chapter 478, SB 103)ê

(b) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

(c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

(e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.

6.] A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.

Sec. 6. NRS 625.193 is hereby amended to read as follows:

625.193 1. The examination for licensure as a professional engineer must consist of:

(a) An 8-hour examination on the fundamentals of engineering that must cover the subject matter of a general education or training in engineering. If the applicant for licensure as a professional engineer has graduated from an engineering curriculum that is approved by the board and has 15 years or more of experience in engineering, the examination on the fundamentals of engineering may be waived [. For the purposes of determining the years of experience of an applicant for licensure as a professional engineer pursuant to this paragraph, the board shall consider graduation from an engineering curriculum that is approved by the board to be equivalent to 4 years of experience.] by the board.

(b) An 8-hour examination on the principles and practices of engineering that must cover the discipline of engineering in which the applicant is applying for licensure.

2. An applicant for licensure as a professional engineer must pass the examination on the fundamentals of engineering or receive a waiver of that requirement before he may take the examination on the principles and practices of engineering.

3. When determining the content of the examinations on the fundamentals of engineering and the principles and practices of engineering, the board shall consider the recognized disciplines of engineering and may conform the examination to the particular qualifications of the applicant.

4. The board may require additional examinations for licensure in specialized areas of practice within one or more recognized disciplines of engineering.

5. The board may administer or authorize an accredited college or university that offers a program in engineering approved by the board to administer the examination on the fundamentals of engineering to persons who are not applicants for licensure as professional engineers in this state.

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ê1999 Statutes of Nevada, Page 2437 (Chapter 478, SB 103)ê

6. The board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.

7. The board may require the examinations or any portion of the examinations set forth in this section to be completed:

(a) In writing, with a pen or pencil of a type that has been approved by the board;

(b) With a computer that has been provided or approved by the board; or

Sec. 7. NRS 625.270 is hereby amended to read as follows:

625.270 1. A person who:

(a) Is 21 years of age or older; and

(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional land surveyor.

2. An applicant for licensure as a professional land surveyor must:

(a) Be of good character and reputation; and

(b) Pass the examination on the:

(1) Fundamentals of land surveying or receive a waiver of that requirement; and

(2) Principles and practices of land surveying,

pursuant to NRS 625.280.

3. An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless he [:

(a) Is] is a graduate of a land-surveying curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in land surveying that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land-surveying work . [; or

(b) Has a record of 10 years or more of active experience in land-surveying work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land-surveying work.

4. For the purposes of determining]

4. To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to [paragraph (a) of] subsection 3:

(a) [Graduation from a college or university in a field other than land surveying is equivalent to 2 years of active experience.

(b)] Two of the 4 years of active experience must have been completed by working under the direct supervision of a [person who is a] professional land surveyor, unless that requirement is waived by the board.

[(c)] (b) The execution, as a contractor, of work designed by a professional land surveyor , or the supervision of the construction of that work [,] as a foreman or superintendent, is not equivalent to active experience in land surveying.

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ê1999 Statutes of Nevada, Page 2438 (Chapter 478, SB 103)ê

5. [For the purposes of determining whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to paragraph (b) of subsection 3:

(a) Satisfactory completion of 1 year of courses in land surveying that are approved by the board, by a person who has not graduated from a land-surveying curriculum, is equivalent to 1 year of active experience in land surveying.

(b) Graduation from a college or university in a field other than land surveying is equivalent to 2 years of active experience.

(c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a person who is a professional land surveyor unless that requirement is waived by the board.

(d) The execution, as a contractor, of work designed by a professional land surveyor or the supervision of the construction of that work, as a foreman or superintendent, is not equivalent to active experience in land surveying.

(e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.

6.] A person who is not working in the field of land surveying when he applies for licensure is eligible for licensure as a professional land surveyor if he complies with the requirements for licensure prescribed in this chapter.

Sec. 8. NRS 625.381 is hereby amended to read as follows:

625.381 1. The board shall issue a license to practice professional engineering or land surveying to any applicant who, in the opinion of the board, has [satisfactorily met] complied with all the requirements of this chapter concerning professional engineers or professional land surveyors, respectively.

2. A license to practice professional engineering or land surveying must:

(a) [Show] Set forth the full name of the licensee.

(b) Include the number of the license.

(d) Authorize the practice of professional engineering in the discipline for which the applicant has qualified or the practice of land surveying, respectively.

3. The issuance of a license to practice professional engineering or land surveying by the board is evidence that the [person named thereon] licensee is entitled to all the rights and privileges of a professional engineer or professional land surveyor, respectively, while the license remains [unrevoked or unexpired.] on active status.

Sec. 9. NRS 625.382 is hereby amended to read as follows:

625.382 1. The board may issue a license to practice professional engineering or land surveying to an applicant, upon presentation of evidence that he is licensed to practice professional engineering or land surveying, respectively, and in good standing in a state, territory, possession of the United States or country that maintains standards of engineering or land-surveying licensure, equivalent to those in [Nevada,] this state, if the applicant, in the judgment of the board, has the necessary qualifications pursuant to the provisions of this chapter.

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ê1999 Statutes of Nevada, Page 2439 (Chapter 478, SB 103)ê

2. The board may require an applicant for licensure as a professional engineer or professional land surveyor pursuant to subsection 1 to pass a written or oral examination conducted by not less than three professional engineers or professional land surveyors . [, respectively.]

Sec. 10. NRS 625.385 is hereby amended to read as follows:

625.385 1. The board shall certify as an engineer intern or land surveyor intern any person qualified pursuant to the provisions of this chapter.

2. A person certified as an engineer intern or land surveyor intern pursuant to subsection 1 may practice only engineering or land surveying, respectively, as a subordinate. Any work performed by an engineer intern or land surveyor intern may, if deemed of a satisfactory nature by the board, be applied toward the requirements for experience set forth in NRS 625.183 and 625.270 for [certification] licensure as an engineer [intern] or land surveyor , [intern,] respectively.

Sec. 11. NRS 625.407 is hereby amended to read as follows:

625.407 1. Except as otherwise provided in this section:

(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor, respectively, at each place of business where [such] the work is or will be performed; and

(b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.

2. If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:

(a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and

(b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.

3. Except as otherwise provided in subsection 5:

(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business in this state shall employ full time at that place of business a professional engineer licensed in that discipline.

(b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.

4. Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with the provisions of NRS 623.349, join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

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ê1999 Statutes of Nevada, Page 2440 (Chapter 478, SB 103)ê

registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

5. The provisions of this section do not apply to a firm, partnership, corporation or other person who:

(a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or

(b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.

Sec. 12. NRS 625.520 is hereby amended to read as follows:

625.520 1. Except as otherwise provided in subsection 4, it is unlawful for:

(a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:

(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any discipline thereof;

(2) Employ, use or cause to be used [any of the following terms] the term “licensed engineer,” “professional engineer” or “registered engineer” or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit ; [, namely, “engineer,” “engineering,” “engineered,” “professional engineer” or “licensed engineer”; or]

(3) Employ, use or cause to be used the term “engineer,” “engineering” or “engineered” or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit without disclosing that he is not qualified, registered or licensed to practice professional engineering in this state; or

(4) Directly or indirectly employ any means which in any manner tends or is likely to [create the impression on] mislead the public or any member thereof that any person is qualified or authorized to practice engineering.

(b) Any professional engineer to practice or offer to practice a discipline of professional engineering in which the board has not qualified him.

(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a license.

(e) Any person to impersonate [any other] a licensee of a like or different name.

(f) Any person to attempt to use an expired, suspended or revoked license.

(g) Any person to violate any of the provisions of this chapter.

2. [Whenever] If any person is engaging or is about to engage in any act or practice that constitutes a violation of this chapter, the district court in any county [, if the court] which would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against the act or practice pursuant to Rule 65 of the Nevada Rules of Civil Procedure.

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ê1999 Statutes of Nevada, Page 2441 (Chapter 478, SB 103)ê

3. This section does not prevent a contractor licensed in accordance with the provisions of chapter 624 of NRS from using the term “engineer” or “engineering” if the term is used by the state contractors’ board in describing a specific classification.

4. [Subparagraph (2)] The provisions of subparagraph (3) of paragraph (a) of subsection 1 [does] do not apply to any corporation using such a term in its corporate name, if the corporation:

(a) [Filed] Files its articles of incorporation with the secretary of state ; [on or before September 30, 1991;] and

(b) Files with the board a written statement signed by a corporate officer under penalty of perjury in which he states that the corporation:

(1) Is not practicing or offering to practice engineering in this state; and

(2) Will not do so unless [and until] it is [properly] licensed or exempted in accordance with the provisions of this chapter.

5. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

Sec. 13. NRS 78.045 is hereby amended to read as follows:

78.045 1. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state which provides that the name of the corporation [contain] contains the word “bank” or “trust,” unless:

(a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank or savings and loan association; and

(b) The articles or certificate of amendment is first approved by the commissioner of financial institutions.

2. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the provisions of this chapter [when] if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance or by the commissioner of financial institutions, unless the articles or certificate of amendment is [first] approved by the commissioner who will [be supervising] supervise the business of the corporation.

3. Except as otherwise provided in subsection 4, the secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed pursuant to the laws of this state if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

(a) The state board of professional engineers and land surveyors certifies that the principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

(b) The state board of professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.

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ê1999 Statutes of Nevada, Page 2442 (Chapter 478, SB 103)ê

4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act of 1934, which does not engage in the practice of professional engineering.

5. The commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them pursuant to the provisions of this section.

Sec. 14. NRS 80.010 is hereby amended to read as follows:

80.010 1. Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:

(a) File in the office of the secretary of state of this state:

(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

(2) A certificate of acceptance of appointment executed by its resident agent, who must be a resident or located in this state. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.

(3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:

(I) A general description of the purposes of the corporation; and

(II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

(b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par-value shares and their par value, and the number of no-par-value shares.

2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing pursuant to the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is at the time reserved in the manner provided in the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

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ê1999 Statutes of Nevada, Page 2443 (Chapter 478, SB 103)ê

3. The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

(a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

(b) The corporation is exempt from the prohibitions of NRS 625.520.

4. The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the commissioner of financial institutions, unless the commissioner certifies that:

(a) The corporation has obtained the authority required to do business in this state; or

(b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

Sec. 15. Section 2 of Senate Bill No. 19 of this session is hereby amended to read as follows:

Sec. 2. NRS 80.010 is hereby amended to read as follows:

(a) File in the office of the secretary of state of this state:

(I) A general description of the purposes of the corporation; and

(II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

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ê1999 Statutes of Nevada, Page 2444 (Chapter 478, SB 103)ê

(a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

(b) The corporation is exempt from the prohibitions of NRS 625.520.

(a) The corporation has obtained the authority required to do business in this state; or

(b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

5. As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

Sec. 16. The amendatory provisions of this act do not apply to offenses committed before the effective date of section 12 of this act.

Sec. 17. If a land‑surveying curriculum of 4 years or more is established at a university within the University and Community College System of Nevada, the board of regents of the University of Nevada shall, not later than 30 days after the curriculum is established:

1. Publicly declare that the curriculum has been established at the university; and

2. Provide written notification of the declaration to:

(a) The director of the legislative counsel bureau; and

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ê1999 Statutes of Nevada, Page 2445 (Chapter 478, SB 103)ê

(b) The executive director of the state board of professional engineers and land surveyors.

Sec. 18. 1. This section and sections 1 to 4, inclusive, 6 and 8 to 17, inclusive, of this act become effective upon passage and approval.

2. Section 5 of this act becomes effective on July 1, 2010.

3. Section 7 of this act becomes effective on July 1, 2010, if the board of regents of the University of Nevada publicly declares the establishment of the curriculum specified in section 17 of this act on or before July 1, 2006.

________

CHAPTER 479, SB 132

Senate Bill No. 132–Committee on Commerce and Labor

CHAPTER 479

AN ACT relating to industrial insurance; providing for the availability of benefits to certain police officers and firemen for exposure to a contagious disease; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:

“Police officer” has the meaning ascribed to it in NRS 617.135.

Sec. 2. NRS 616A.025 is hereby amended to read as follows:

616A.025 As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

Sec. 3. NRS 616A.035 is hereby amended to read as follows:

616A.035 1. “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

2. The term includes [medical] :

(a) Medical benefits as defined by NRS 617.130 [and any preventive] ;

(b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment [.] ; and

(c) Preventive treatment administered as a precaution to a police officer or a salaried or volunteer fireman who was exposed to a contagious disease:

(1) Upon battery by an offender; or

(2) While performing the duties of a police officer or fireman,

if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of section 5 of this act.

3. The term does not include:

(a) Exercise equipment, a hot tub or a spa for an employee’s home;

(b) Membership in an athletic or health club;

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ê1999 Statutes of Nevada, Page 2446 (Chapter 479, SB 132)ê

(d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

4. As used in this section, the term:

(a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

(b) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which he was exposed.

Sec. 4. NRS 616A.265 is hereby amended to read as follows:

616A.265 1. “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

2. For the purposes of chapters 616A to 616D, inclusive, of NRS:

(a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.

(b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

(c) The exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:

(1) Upon battery by an offender; or

(2) While performing the duties of a police officer or fireman,

shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of section 5 of this act. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

Sec. 5. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a police officer or a salaried or volunteer fireman is exposed to a contagious disease:

(a) Upon battery by an offender; or

(b) While performing the duties of a police officer or fireman,

the employer of the police officer or fireman shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or fireman, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.

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ê1999 Statutes of Nevada, Page 2447 (Chapter 479, SB 132)ê

contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.

2. If the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall, at the time of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test to screen for contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C, tuberculosis and human immunodeficiency virus. If a blood test administered pursuant to this subsection and provided to the employer reveals that a former police officer or a former salaried or volunteer fireman has a contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS. The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing blood tests required pursuant to this subsection.

3. As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

Sec. 6. NRS 616C.160 is hereby amended to read as follows:

616C.160 If, after a claim for compensation is filed pursuant to NRS 616C.020:

1. The injured employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and

2. The employee’s medical records for the injury reported do not include a reference to the injury or disease for which treatment is being sought, or there is no documentation indicating that there was possible exposure to an injury described in paragraph (b) or (c) of subsection 2 of NRS 616A.265,

the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury or disease for which treatment is being sought and the original accident.

Sec. 7. The provisions of this act do not apply to an employee who, before July 1, 1999, is receiving compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

Sec. 8. This act becomes effective on July 1, 1999.

________

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ê1999 Statutes of Nevada, Page 2448ê

CHAPTER 480, SB 152

Senate Bill No. 152–Committee on Transportation

CHAPTER 480

AN ACT relating to traffic laws; revising the definition of the phrase describing the minimum content of alcohol required to be in the blood or breath of a person for the person to be considered to be operating a vehicle or vessel under the influence of intoxicating liquor; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 483.025 is hereby amended to read as follows:

483.025 [“0.02 percent] The phrase “concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood [” means a concentration of alcohol in the blood or breath of a person of] or breath” means 0.02 gram or more but less than 0.10 gram [by weight] of alcohol per 100 milliliters of [his] the blood of a person or per 210 liters of his breath.

Sec. 2. NRS 483.461 is hereby amended to read as follows:

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

2. If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the department shall:

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

(b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

3. This section does not preclude:

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

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

Sec. 3. NRS 483.462 is hereby amended to read as follows:

483.462 1. A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood or breath shall prepare a written certificate indicating whether the peace officer:

(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;

(b) Served an order of suspension on the person pursuant to subsection 2; and

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ê1999 Statutes of Nevada, Page 2449 (Chapter 480, SB 152)ê

2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood [,] or breath, the peace officer shall:

(a) Serve an order of suspension of the license, permit or privilege;

(b) Seize any license or permit of the person;

(1) Administrative and judicial review of the suspension; and

(2) Have a temporary license;

(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and

(e) Transmit to the department:

(1) Any license or permit seized pursuant to paragraph (b); and

(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.

3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood [,] or breath, the peace officer shall transmit to the department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.

4. The department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:

(a) Review the result of the test and the written certificate; and

(b) If the department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.

5. An order for suspension issued by the department pursuant to subsection 4 must:

(a) Explain the grounds for the suspension;

(b) Indicate the period of the suspension;

(d) Explain that the person has a right to administrative and judicial review of the suspension.

6. An order for suspension issued by the department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the department specifying the date of mailing.

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ê1999 Statutes of Nevada, Page 2450 (Chapter 480, SB 152)ê

Sec. 4. NRS 483.463 is hereby amended to read as follows:

483.463 1. At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a hearing by the department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.

2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.

3. The director or his agent may:

(a) Issue subpoenas for:

(1) The attendance of witnesses at the hearing; and

(2) The production of relevant books and papers; and

(b) Require a re-examination of the requester.

4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:

(a) Was less than 21 years of age; and

(b) Had a concentration of alcohol of 0.02 [percent] or more but less than 0.10 [percent by weight of alcohol] in his blood [.] or breath.

5. The department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.

6. Upon an affirmative finding on the issues listed in subsection 4, the department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.

7. If the order of suspension is affirmed by the department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.

8. The court shall notify the department upon issuing a stay. Upon receiving such notice, the department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.

9. The hearing officer or the court shall notify the department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.

Sec. 5. NRS 483.922 is hereby amended to read as follows:

483.922 1. Except as otherwise provided in NRS 484.383, a person who drives or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or to detect the presence of a controlled substance in his system.

2. The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining the driver of a commercial motor vehicle, has reasonable grounds to believe that the driver was driving a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance.

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ê1999 Statutes of Nevada, Page 2451 (Chapter 480, SB 152)ê

Sec. 6. NRS 484.0135 is hereby amended to read as follows:

484.0135 The phrase [“0.10 percent] “concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [” includes a concentration of alcohol in the blood or breath of a person of] or breath” means 0.10 gram or more [by weight] of alcohol [:

1. Per] per 100 milliliters of [his blood; or

2. Per] the blood of a person or per 210 liters of his breath.

Sec. 7. NRS 484.379 is hereby amended to read as follows:

484.379 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has [0.10 percent] a concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [;] or breath; or

(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

2. It is unlawful for any person who is an habitual user of or under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.

3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

Sec. 8. NRS 484.37943 is hereby amended to read as follows:

484.37943 1. If a person is found guilty of a first violation, if the [weight] concentration of alcohol in the defendant’s blood or breath at the time of the offense was 0.18 [percent] or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2452 (Chapter 480, SB 152)ê

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

(a) A counselor certified to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;

(b) A physician certified to make that evaluation by the board of medical examiners; or

(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,

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

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

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

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

Sec. 9. NRS 484.3795 is hereby amended to read as follows:

484.3795 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, 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 and must be further punished by a fine of not less than $2,000 nor more than $5,000.

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ê1999 Statutes of Nevada, Page 2453 (Chapter 480, SB 152)ê

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 and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

Sec. 10. NRS 484.382 is hereby amended to read as follows:

484.382 1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath for the purpose of determining the [alcoholic content of] concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

2. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

Sec. 11. NRS 484.383 is hereby amended to read as follows:

484.383 1. Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content of] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

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ê1999 Statutes of Nevada, Page 2454 (Chapter 480, SB 152)ê

police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

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

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

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

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

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

(c) A police officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

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

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

(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

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

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

7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance in his blood.

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ê1999 Statutes of Nevada, Page 2455 (Chapter 480, SB 152)ê

of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance in his blood.

8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

Sec. 12. NRS 484.384 is hereby amended to read as follows:

484.384 1. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

2. If a revocation of a person’s license, permit or privilege to drive under NRS 62.227 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

Sec. 13. NRS 484.385 is hereby amended to read as follows:

484.385 1. As agent for the department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or has a detectable amount of a controlled substance in his system, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the department along with the written certificate required by subsection 2.

2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or had a detectable amount of a controlled substance in his system, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or with a detectable amount of a controlled substance in his system, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

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ê1999 Statutes of Nevada, Page 2456 (Chapter 480, SB 152)ê

revocation on the person and whether he issued the person a temporary license.

3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

5. As used in this section, “controlled substance” means any of the following substances for which a valid prescription has not been issued to the consumer:

(a) Amphetamine;

(b) Benzoylecgonine;

(d) Heroin;

(e) Lysergic acid diethylamide;

(f) Mecloqualone;

(g) Mescaline;

(h) Methamphetamine;

(i) Methaqualone;

(j) Monoacetylmorphine;

(k) Phencyclidine;

(l) N-ethylamphetamine;

(m) N, N-dimethylamphetamine;

(n) 2, 5-dimethoxyamphetamine;

(o) 3, 4-methylenedioxyamphetamine;

(p) 3, 4, 5-trimethoxyamphetamine;

(q) 4-bromo-2, 5-dimethoxyamphetamine;

(r) 4-methoxyamphetamine;

(s) 4-methyl-2, 5-dimethoxyamphetamine;

(t) 5-dimethoxy-alpha-methylphenethylamine; or

(u) 5-methoxy-3, 4-methylenedioxyamphetamine,

if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.

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ê1999 Statutes of Nevada, Page 2457 (Chapter 480, SB 152)ê

Sec. 14. NRS 484.386 is hereby amended to read as follows:

484.386 1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the [percentage] concentration of alcohol in a person’s breath may be used to establish that [percentage] concentration only if two consecutive samples of the person’s breath are taken and:

(a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the [percentage] concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.

2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the [percentage] concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the [percentage.] concentration.

3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 484.383.

Sec. 15. NRS 484.387 is hereby amended to read as follows:

484.387 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or a detectable amount of a controlled substance in his system. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.

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ê1999 Statutes of Nevada, Page 2458 (Chapter 480, SB 152)ê

4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

Sec. 16. NRS 484.3882 is hereby amended to read as follows:

484.3882 1. The committee on testing for intoxication shall:

(a) In the manner set forth in subsection 2, certify a device that the committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath; and

(b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the committee, described by manufacturer and type.

2. To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath, the committee may:

(a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or

(b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the director or his agent.

3. If such a device has been certified by the committee to be accurate and reliable pursuant to this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

4. This section does not preclude the admission of evidence of the [amount] concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the committee.

Sec. 17. NRS 484.3884 is hereby amended to read as follows:

484.3884 1. The committee on testing for intoxication shall adopt regulations which:

(a) Prescribe standards and procedures for calibrating devices used for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the director or his agent.

(b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the department. A certificate issued by the department may not be made effective for longer than 3 years.

(c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.

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ê1999 Statutes of Nevada, Page 2459 (Chapter 480, SB 152)ê

2. The director shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.

Sec. 18. NRS 484.3886 is hereby amended to read as follows:

484.3886 1. The committee on testing for intoxication shall adopt regulations which:

(a) Establish methods for ascertaining the competence of persons to:

(1) Operate devices for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

(2) Examine prospective operators and determine their competence.

(b) Provide for certification of operators and examiners by the department. A certificate issued by the department may not be made effective for longer than 3 years.

A person who is certified as an examiner is presumed to be certified as an operator.

2. The director shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.

3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the [amount] concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.

4. This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.

Sec. 19. NRS 484.3888 is hereby amended to read as follows:

484.3888 1. The committee on testing for intoxication may adopt regulations that require:

(a) The calibration of devices which are used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine;

(b) The certification of persons who make those calibrations;

(c) The certification of persons who operate devices for testing a person’s blood or urine to determine the [amount] concentration of alcohol or presence of a controlled substance in the person’s blood or urine; and

(d) The certification of persons who examine those operators.

2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine.

Sec. 20. NRS 484.391 is hereby amended to read as follows:

484.391 1. A person arrested for driving a vehicle while under the influence of intoxicating liquor or a controlled substance shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance in his blood.

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ê1999 Statutes of Nevada, Page 2460 (Chapter 480, SB 152)ê

2. The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

Sec. 21. NRS 484.3935 is hereby amended to read as follows:

484.3935 If:

1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; and

2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,

it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.

Sec. 22. NRS 484.394 is hereby amended to read as follows:

484.394 1. Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from each decedent, within 8 hours of the accident, a blood sample to be analyzed for the presence and [amount] concentration of alcohol.

2. The findings of the examinations are a matter of public record and must be reported to the department by the coroner or other public official within 30 days [of] after the death.

3. Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.

Sec. 23. NRS 484.3941 is hereby amended to read as follows:

484.3941 As used in NRS 484.3941 to 484.3947, inclusive, unless the context otherwise requires, “device” means a mechanism that:

1. Tests a person’s breath to determine the concentration of alcohol in his breath; and

2. If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevents the motor vehicle in which it is installed from starting.

Sec. 24. NRS 484.3947 is hereby amended to read as follows:

484.3947 1. The committee on testing for intoxication shall on or before January 1, 1990, adopt regulations which:

(a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevent the motor vehicle in which it is installed from starting.

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ê1999 Statutes of Nevada, Page 2461 (Chapter 480, SB 152)ê

(b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.

2. The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.

3. If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, will prevent the motor vehicle in which it is installed from starting.

Sec. 25. NRS 484.791 is hereby amended to read as follows:

484.791 1. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

(a) Homicide by vehicle;

(b) Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;

(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;

(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225;

(f) Reckless driving;

(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended; or

(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.

2. Whenever any person is arrested as authorized in this section he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) of subsection 1 a peace officer has the same discretion as is provided in other cases in NRS 484.795.

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ê1999 Statutes of Nevada, Page 2462 (Chapter 480, SB 152)ê

Sec. 26. NRS 488.405 is hereby amended to read as follows:

488.405 As used in NRS 488.410 and 488.420, the phrase [“0.10 percent] “concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [” includes a concentration of alcohol in the blood or breath of a person] or breath” means 0.10 gram or more [by weight of alcohol:

1. Per] per 100 milliliters of [his blood; or

2. Per] the blood of a person or per 210 liters of his breath.

Sec. 27. NRS 488.407 is hereby amended to read as follows:

488.407 1. Except as otherwise provided in subsections 5 and 6, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

2. If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

3. The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.

4. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.

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

6. Except as otherwise provided in subsection 9, if the [alcoholic content] concentration of alcohol in the blood or breath of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.

7. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

8. Except as otherwise provided in subsections 5 and 7, a peace officer shall not direct a person to submit to a urine test.

9. Except as otherwise provided in this subsection, a person who refuses to submit to a test required by this section must not be tested. If an officer has reasonable cause to believe that:

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ê1999 Statutes of Nevada, Page 2463 (Chapter 480, SB 152)ê

(a) The person to be tested was operating or in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance; and

(b) The person thereby caused the death or substantial bodily harm of another,

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

Sec. 28. NRS 488.410 is hereby amended to read as follows:

488.410 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath; or

(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

to operate or be in actual physical control of a vessel under power or sail on the waters of this state.

2. It is unlawful for any person who:

(a) Is under the influence of any controlled substance;

(b) Is under the combined influence of intoxicating liquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,

to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.

3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause [the] him to have a concentration of 0.10 or more of alcohol in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

Sec. 29. NRS 488.420 is hereby amended to read as follows:

488.420 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

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ê1999 Statutes of Nevada, Page 2464 (Chapter 480, SB 152)ê

(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail,

and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, 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 and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

4. If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

Sec. 30. NRS 488.450 is hereby amended to read as follows:

488.450 1. Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to a preliminary test of his breath to determine the [alcoholic content] concentration of alcohol in his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

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ê1999 Statutes of Nevada, Page 2465 (Chapter 480, SB 152)ê

2. If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

Sec. 31. NRS 488.460 is hereby amended to read as follows:

488.460 1. Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

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

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

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

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

(c) A peace officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

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

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

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ê1999 Statutes of Nevada, Page 2466 (Chapter 480, SB 152)ê

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

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

7. If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.

Sec. 32. NRS 488.470 is hereby amended to read as follows:

488.470 1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the [percentage] concentration of alcohol in a person’s breath may be used to establish that [percentage] concentration only if two consecutive samples of the person’s breath are taken and:

(a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.

3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 488.460.

Sec. 33. NRS 488.480 is hereby amended to read as follows:

488.480 1. If a person refuses to submit to a required chemical test provided for in NRS 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

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ê1999 Statutes of Nevada, Page 2467 (Chapter 480, SB 152)ê

2. A court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.460.

3. If a person submits to a chemical test provided for in NRS 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888.

5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

7. This section does not preclude the admission of evidence of a test of a person’s breath where the:

(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.

(b) Test has been performed by a person other than one who is certified by the director.

Sec. 34. NRS 488.490 is hereby amended to read as follows:

488.490 1. A person arrested for operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance in his blood.

2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.

3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.

Sec. 35. NRS 488.510 is hereby amended to read as follows:

488.510 If:

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ê1999 Statutes of Nevada, Page 2468 (Chapter 480, SB 152)ê

2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,

it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.

Sec. 36. NRS 488.520 is hereby amended to read as follows:

488.520 1. Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a vessel under power or sail on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and [amount] concentration of alcohol.

2. The findings of the examinations are a matter of public record and must be reported to the commission by the coroner or other public officer within 30 days after the death.

3. Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.

Sec. 37. NRS 50.315 is hereby amended to read as follows:

50.315 1. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:

(a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the [amount by weight] concentration of alcohol in his breath;

(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant; and

(b) That the solution or gas has the chemical composition necessary for accurately calibrating it.

3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;

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ê1999 Statutes of Nevada, Page 2469 (Chapter 480, SB 152)ê

(d) Upon completing the calibration of the device, it was operating properly.

4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The identity of the person from whom the affiant or declarant withdrew the sample;

(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and

(d) The identity of the person to whom the affiant or declarant delivered it.

5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal, civil or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and

6. If, at or before the time of the trial, the defendant establishes that:

(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. 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.

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

Sec. 38. 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:

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ê1999 Statutes of Nevada, Page 2470 (Chapter 480, SB 152)ê

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] concentration 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.

Sec. 39. NRS 202.257 is hereby amended to read as follows:

202.257 1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath , or

(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,

to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.

2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

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

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ê1999 Statutes of Nevada, Page 2471 (Chapter 480, SB 152)ê

4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” has the meaning ascribed to it in NRS 484.0135.

Sec. 40. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

Sec. 41. Sections 16 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.

________

CHAPTER 481, SB 191

Senate Bill No. 191–Senator Titus

CHAPTER 481

AN ACT relating to land use; requiring a master plan to include a school facilities plan; requiring a person who proposes to develop a project of significant impact in the Las Vegas urban growth zone to submit an impact statement in certain circumstances; prohibiting a local governmental entity from approving such a project in certain circumstances; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 278.160 is hereby amended to read as follows:

278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

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ê1999 Statutes of Nevada, Page 2472 (Chapter 481, SB 191)ê

(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

(e) Housing plan. The housing plan must include, but is not limited to:

(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.

(2) An inventory of affordable housing in the community.

(3) An analysis of the demographic characteristics of the community.

(4) A determination of the present and prospective need for affordable housing in the community.

(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.

(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.

(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.

(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

(k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

(l) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

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ê1999 Statutes of Nevada, Page 2473 (Chapter 481, SB 191)ê

(m) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

[(m)] (n) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

[(n)] (o) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

[(o)] (p) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.

[(p)] (q) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

Sec. 2. 1. Except as otherwise provided in this section, in addition to any other requirement of the local government or unit thereof, a person who proposes to develop a project of significant impact within the Las Vegas urban growth zone, as that zone is described in NRS 463.3094, shall, unless the project was approved before the effective date of this act, submit an impact statement to the local government or unit thereof having authority over the zoning and approval of the project. The impact statement must be submitted at least 15 days before the date on which the governing body of the local government or unit thereof, or a person or agency authorized to take final action by the governing body:

(a) Takes final action on the final map pertaining to the project, if the project is a residential subdivision; or

(b) Considers the project for final action, if the project is a project other than a residential subdivision.

2. An impact statement required pursuant to subsection 1 must set forth:

(a) The number of vehicle trips that the project will generate, estimated by applying to the proposed project the average trip rates for the peak days and hours established by the Institute of Transportation Engineers or its successor.

(b) The estimated number of additional pupils for each elementary school, junior high or middle school, and high school that the project will cause to be enrolled in local schools.

(c) The quantity of sewage effluent that the project will generate, estimated by applying a sewage generation factor established by the provider of sewer service or an equivalent calculation to the number of units or area of indoor floor space that will be created by the project.

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ê1999 Statutes of Nevada, Page 2474 (Chapter 481, SB 191)ê

(d) The quantity of water that the project will demand during and after its construction, estimated by applying a demand factor established by the provider of water service or an equivalent calculation to the number of units that will be created by and the gross acreage that will be occupied by the project.

(e) The increase in quantity of storm water runoff that the project will generate, estimated by using standard hydrologic methods.

(f) The distance from the site on which the project will be located to the nearest facilities from which fire-fighting, police and emergency services are provided, including, without limitation, facilities that are planned, but not yet constructed, and facilities which have been included in a plan for capital improvements prepared by the appropriate local government pursuant to NRS 278.0226.

(g) The existing and planned capacities of schools, roads, sources of water supply and facilities for wastewater and flood control that will be affected by the project. This information must be obtained from the appropriate local providers of those services.

(h) A brief statement setting forth the anticipated effect of the project on housing, mass transit, open space and recreation.

3. A person shall not develop in phases, subdivide or otherwise partition a proposed project for the purpose of evading or avoiding the provisions of this section.

4. An impact statement required pursuant to this section may include by reference any information or data relevant to such a statement that is a matter of public record or is generally available to the public, including, without limitation, information:

(a) Contained in a report required by another federal or state law or local ordinance, or as a condition imposed as a part of the process for approving the project; or

(b) Regarding a phase of a project that consists of multiple phases of construction, if information pertaining to that phase has already been disclosed in a report pertaining to another phase or to the project as a whole.

5. A local government or unit thereof having authority over the zoning and approval of a project of significant impact shall not approve such a project unless:

(a) An impact statement has been submitted for the project pursuant to subsection 1;

(b) The local government or unit thereof determines that the appropriate local school district has been given an opportunity to review the project pursuant to NRS 278.346, if the provisions of that section are applicable.

(c) Except as otherwise provided in this subsection, the local government or unit thereof determines that the capacities of roads, sources of water supply and facilities for wastewater and flood control will be sufficient to support the project. A local government or unit thereof may approve a project with respect to which the capacities of roads, sources of water supply or facilities for wastewater and flood control will not be sufficient to support the project if the local government or unit thereof requires the person who proposes to develop the project to carry out appropriate measures of mitigation to reduce the impact of the project on those elements of infrastructure.

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ê1999 Statutes of Nevada, Page 2475 (Chapter 481, SB 191)ê

mitigation to reduce the impact of the project on those elements of infrastructure.

6. The provisions of this section do not apply with respect to real property that is subject to a development agreement with a local government if the development agreement became effective before the effective date of this act.

7. As used in this section, “project of significant impact” means a project that would create:

(a) Final maps or planned unit developments of 500 units or more;

(b) Tourist accommodations of 300 units or more;

(d) A nonresidential development encompassing more than 160 acres.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 482, SB 203

Senate Bill No. 203–Committee on Transportation

CHAPTER 482

AN ACT relating to motor vehicles; revising the requirements for obtaining a driver’s license, motorcycle driver’s license or an instruction permit by an applicant who was born outside the United States; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 483.290 is hereby amended to read as follows:

483.290 1. Every application for an instruction permit or for a driver’s license must:

(a) Be made upon a form furnished by the department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department [are hereby authorized to administer such] may administer those oaths without charge.

(d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

(f) Include such other information as the department may require to determine the [applicant’s] competency and eligibility [.] of the applicant.

2. Every applicant must furnish proof of his age by displaying:

(a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the [applicant’s] date of birth [,] of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the department; or

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ê1999 Statutes of Nevada, Page 2476 (Chapter 482, SB 203)ê

and other proof that is determined to be necessary and is acceptable to the department; or

(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice [,] or a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state or the District of Columbia [, a passport] or other proof acceptable to the department [.] other than a passport issued by a foreign government.

3. At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

4. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the [applicant’s] social security number [;] of the applicant; or

(b) Other proof acceptable to the department, including, but not limited to, records of employment or federal income tax returns.

Sec. 2. NRS 486.081 is hereby amended to read as follows:

486.081 1. Every application for a motorcycle driver’s license must be made upon a form furnished by the department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department [are hereby authorized to administer such] may administer those oaths without charge.

2. Every application must:

(a) State the full name, date of birth, sex and residence address of the applicant;

(b) Briefly describe the applicant;

(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

(e) Give such other information as the department requires to determine the [applicant’s] competency and eligibility [.] of the applicant.

3. Every applicant shall furnish proof of his age by displaying:

(a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the department; or

(b) If he was born outside the United States, a:

(1) Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;

(2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;

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ê1999 Statutes of Nevada, Page 2477 (Chapter 482, SB 203)ê

(3) Driver’s license issued by another state or the District of Columbia; or

(4) Passport [.] issued by the United States Government.

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CHAPTER 483, SB 263

Senate Bill No. 263–Senator Jacobsen

CHAPTER 483

AN ACT relating to veterans; creating an office of veterans’ services; changing the name and transferring the offices of the executive and deputy executive directors for veteran affairs from the office of the military to the office of veterans’ services; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. NRS 417.010 is hereby amended to read as follows:

417.010 As used in this chapter:

1. “Deputy executive director” means the deputy executive director for [veteran affairs.] veterans’ services.

2. “Executive director” means the executive director for [veteran affairs.] veterans’ services.

Sec. 2. NRS 417.020 is hereby amended to read as follows:

417.020 1. The office of veterans’ services is hereby created.

2. The office consists of the offices of the executive director for [veteran affairs] veterans’ services and the deputy executive director for [veteran affairs are hereby created within the office of the military.] veterans’ services.

3. The executive director shall serve as the director of the office of veterans’ services and is responsible for the performance of the duties imposed upon the office, and for such other duties as may be prescribed by this chapter.

4. The executive director may adopt such regulations as are necessary to carry out the provisions of this chapter.

Sec. 3. NRS 160.040 is hereby amended to read as follows:

160.040 1. Except as otherwise provided in this section, it is unlawful for any person to accept appointment as guardian of any ward if [such] the proposed guardian is at that time acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the Department of Veterans Affairs [under] pursuant to this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from [such] the guardian and shall discharge [such guardian] him in the case.

2. The limitations of this section do not apply where the guardian is a bank or trust company acting for the wards’ estates only.

3. An individual may be guardian of more than five wards if they are all members of the same family.

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ê1999 Statutes of Nevada, Page 2478 (Chapter 483, SB 263)ê

4. The limitations of this section do not apply to the executive director for [veteran affairs] veterans’ services or to a public guardian.

Sec. 4. NRS 160.090 is hereby amended to read as follows:

160.090 1. Before making an appointment under the provisions of this chapter the court shall establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.

2. Upon the appointment being made the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter the amount of [such bond shall] the bond must be equal to the total value of the personal estate plus the annual income. The bond [shall] must be in the form and be conditioned as required of guardians appointed [under] pursuant to the provisions of chapter 159 of NRS. The premiums on all such bonds [shall] must be paid from the estate.

3. If a banking corporation as defined in NRS 657.016, or a trust company, as defined by NRS 669.070, doing business in this state is appointed guardian of the estate of a ward, no bond is required of [such] the guardian unless the court by specific order requires a bond. If the executive director [for veteran affairs] veterans’ services is appointed guardian, no bond is required.

4. If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as defined by NRS 669.070, doing business in this state and that such estate and income, or any part thereof, [shall] must not be withdrawn without authorization of the court, then the amount of the guardian’s bond [shall] must be reduced in an amount equal to the amount of the estate and income on deposit [with such] the banking corporation, and the surety on [such bonds shall] the bonds must be exonerated from any loss to the estate in connection with [such] the deposit.

5. Where a bond is tendered by a guardian with personal sureties, [such] the sureties shall file with the court a certificate under oath which describes the property owned, both real and personal, and contains a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

Sec. 5. NRS 244.401 is hereby amended to read as follows:

244.401 1. The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans. If such an office is created, the board shall appoint a qualified veteran to hold the office and the board shall establish his compensation.

2. The coordinator of services for veterans shall:

(a) Assist a veteran or his spouse or dependent, if the person requesting assistance is a resident of the county, in preparing, submitting and pursuing any claim that the person has against the United States, or any state, to establish his right to any privilege, preference, care or compensation to which he believes that he is entitled;

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ê1999 Statutes of Nevada, Page 2479 (Chapter 483, SB 263)ê

(b) Aid, assist and cooperate with the executive director for [veteran affairs] veterans’ services and the deputy executive director for [veteran affairs] veterans’ services and with the Nevada veterans’ services commission;

(c) Disseminate information relating to veterans’ benefits in cooperation with the executive director for [veteran affairs] veterans’ services and the deputy executive director for [veteran affairs;] veterans’ services; and

(d) Perform such other services related to assisting a veteran, his spouse or his dependent as requested by the board of county commissioners.

3. Two or more counties jointly may create one office of coordinator of services for veterans to serve those counties.

Sec. 6. NRS 244.406 is hereby amended to read as follows:

244.406 1. Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.

2. The board of county commissioners of a county that creates the office of coordinator of services for veterans is authorized to accept funds from the executive director for [veteran affairs] veterans’ services pursuant to subsection 8 of NRS 417.090 for the support of the office.

3. The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the health division of the department of human resources for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the health division of the department of human resources and which benefit or result in cost avoidance for the health division.

4. The board of county commissioners of a county that creates the office of coordinator of services for veterans shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature describing the efficiency and effectiveness of the office. The report must include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.

Sec. 7. This act becomes effective on July 1, 1999.

Sec. 8. The legislative counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to the:

1. “Executive director for veteran affairs” to “executive director for veterans’ services”; and

2. “Deputy executive director for veteran affairs” to “deputy executive director for veterans’ services.”

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ê1999 Statutes of Nevada, Page 2480ê

CHAPTER 484, SB 362

Senate Bill No. 362–Senator O’Connell

CHAPTER 484

AN ACT relating to taxation; prohibiting, under certain circumstances, the imposition of penalties and interest on delinquent taxes for the period during which an audit of a taxpayer is extended; revising the manner in which penalties and interest are calculated if a taxpayer has made overpayments and underpayments; providing for the appeal of any decision of the executive director or other officer of the department of taxation to the Nevada tax commission; requiring the commission to adopt certain regulations; expanding the Taxpayers’ Bill of Rights; increasing the amount of taxes, penalties and interest that may be waived if a taxpayer has relied to his detriment on the advice of the department; authorizing certain actions relating to the payment of taxes to be brought in various counties; and providing other matters properly relating thereto.

[Approved June 8, 1999]

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

Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

Sec. 2. 1. If an audit is conducted by the department pursuant to the provisions of this Title, the date on which the audit will be completed must be included in the notice to the taxpayer that the audit will be conducted.

2. The date on which the audit will be completed may be extended by the department if the department gives prior written notice of the extension to the taxpayer. The notice must include an explanation of the reason or reasons that the extension is required.

3. If, after the audit, the department determines that delinquent taxes are due, interest and penalties may not be imposed for the period of the extension if the taxpayer did not request the extension or was not otherwise the cause of the extension.

Sec. 3. If an officer, employee or agent of the department determines that a taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law, he shall give written notice of that determination to the taxpayer. The notice must:

1. Be given within 30 days after the officer, employee or agent makes his determination or, if the determination is made as a result of an audit, within 30 days after the completion of the audit; and

2. If appropriate, include:

(a) An explanation that an overpayment may be credited against any amount due from the taxpayer; or

(b) Instructions indicating the manner in which the taxpayer may petition for a refund of any overpayment.

Sec. 3.5. The Nevada tax commission shall adopt regulations to carry out the provisions of NRS 360.294 and 360.417.

Sec. 4. NRS 360.245 is hereby amended to read as follows:

360.245 1. Except as otherwise provided in this Title:

(a) All decisions of the executive director or other officer of the department made pursuant to [subsection 2 of NRS 360.130] this Title are final unless appealed to the Nevada tax commission . [as provided by law.]

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ê1999 Statutes of Nevada, Page 2481 (Chapter 484, SB 362)ê

(b) Any natural person, partnership, corporation, association or other business or legal entity who is aggrieved by such a decision may [so] appeal the decision by filing a notice of appeal with the department within 30 days after service of the decision upon that person or business or legal entity.

2. Service of the decision must be made personally or by certified mail. If service is made by certified mail:

(a) The decision must be enclosed in an envelope which is addressed to the taxpayer at his address as it appears in the records of the department.

(b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.

3. The Nevada tax commission, as head of the department, may review all [other] decisions made by the executive director [and] that are not otherwise appealed to the commission pursuant to this section.

4. The Nevada tax commission may reverse, affirm or modify [them.

4.] any decision of the department that is:

(a) Appealed to the commission by a taxpayer pursuant to this section; or

(b) Reviewed by the commission pursuant to this section.

5. A decision of the Nevada tax commission is a final decision for the purposes of judicial review. The executive director or any other employee or representative of the department shall not seek judicial review of such a decision.

[5.] 6. The Nevada tax commission shall provide by regulation for:

(a) Notice to be given to each county of any decision upon an appeal to the commission that the commission determines is likely to affect the revenue of the county or other local government. The regulations must specify the form and contents of the notice and requirements for the number of days before a meeting of the commission that the notice must be transmitted . [to the county or counties.] If the parties to the appeal enter into a stipulation as to the issues that will be heard on appeal, the commission shall transmit a copy of the notice to the district attorney of each county which the commission determines is likely to be affected b