2001 Statutes of Nevada, Pages 1-288

LAWS OF THE STATE OF NEVADA

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ê2001 Statutes of Nevada, Page 1ê

LAWS OF THE STATE OF NEVADA

Passed at the

SEVENTY-FIRST SESSION OF THE LEGISLATURE

2001

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Raggio and Titus

CHAPTER 1

AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.

[Approved: February 8, 2001]

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 $10,000,000.

Sec. 2. This act becomes effective upon passage and approval.

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CHAPTER 2, AB 78

Assembly Bill No. 78–Assemblymen Dini, Anderson, Price, Bache, Buckley, Chowning, Gibbons, Giunchigliani, Goldwater, Humke, Koivisto, Marvel and Perkins

CHAPTER 2

AN ACT relating to health care; revising the definitions of “practice of practical nursing” and “practice of professional nursing” to specify that a nurse may accept direction from a physician’s assistant; authorizing a registered nurse to possess and administer certain drugs and medicines at the direction of a physician’s assistant; and providing other matters properly relating thereto.

[Approved: March 9, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 632.017 is hereby amended to read as follows:

632.017 “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed physician’s assistant, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

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ê2001 Statutes of Nevada, Page 2 (Chapter 2, AB 78)ê

podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

Sec. 2. NRS 632.018 is hereby amended to read as follows:

632.018 “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed physician’s assistant, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

Sec. 3. NRS 454.213 is hereby amended to read as follows:

454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

1. A practitioner.

2. A physician’s assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

3. Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician’s assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

4. In accordance with applicable regulations of the board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

(a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

(b) Acting under the direction of the medical director of that agency or facility who works in this state.

5. An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of:

(a) The state board of health in a county whose population is less than 100,000;

(b) A county board of health in a county whose population is 100,000 or more; or

6. A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

7. A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

8. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

(a) In the presence of a physician or a registered nurse; or

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(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

9. Any person designated by the head of a correctional institution.

10. An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

11. A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

12. A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

13. A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

14. A physical therapist, but only if the drug or medicine is a topical drug which is:

(a) Used for cooling and stretching external tissue during therapeutic treatments; and

(b) Prescribed by a licensed physician for:

(1) Iontophoresis; or

(2) The transmission of drugs through the skin using ultrasound.

15. In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

16. A veterinary technician at the direction of his supervising veterinarian.

17. In accordance with applicable regulations of the board, a registered pharmacist who:

(a) Is trained in and certified to carry out standards and practices for immunization programs;

(b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

(c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

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ê2001 Statutes of Nevada, Page 4ê

CHAPTER 3, AB 153

Assembly Bill No. 153–Committee on Commerce and Labor

CHAPTER 3

AN ACT relating to real estate; clarifying that an appraiser who completes a statement of visual condition that is required for a federally insured home loan is acting within the scope of his practice as an appraiser and is not subject to the provisions governing inspectors of structures; and providing other matters properly relating thereto.

[Approved: March 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 645D.100 is hereby amended to read as follows:

645D.100 The provisions of this chapter do not apply to:

1. A federal or state employee, or an employee of a local government, who prepares or communicates an inspection report as part of his official duties, unless a certificate is required as a condition of his employment.

2. A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

3. A board of appraisers acting pursuant to NRS 269.135.

4. A person licensed, certified or registered pursuant to chapter 645, 645C or 684A of NRS while he is performing an act within the scope of his license, certification or registration. For the purposes of this subsection, a person licensed, certified or registered pursuant to chapter 645C of NRS shall be deemed to be acting within the scope of his license, certification or registration while he is performing an appraisal prescribed by federal law that requires a statement of visual condition and while he is preparing or communicating a report of such an appraisal.

5. A person who makes an evaluation of an improvement as an incidental part of his employment for which special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

6. A person who provides an estimate of cost, repair or replacement of any improvements upon real estate.

Sec. 2. This act becomes effective upon passage and approval.

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ê2001 Statutes of Nevada, Page 5ê

CHAPTER 4, AB 32

Assembly Bill No. 32–Assemblywoman Gibbons

CHAPTER 4

AN ACT relating to chiropractic; revising provisions governing the issuance of a license to practice chiropractic and a temporary license to practice chiropractic; increasing the number of chiropractic assistants that a chiropractor may supervise; and providing other matters properly relating thereto.

[Approved: March 22, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 634.090 is hereby amended to read as follows:

634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the board [that:

(a) He] :

(a) That he is of good moral character [and, if licensed to practice chiropractic in another state, possesses a good professional reputation;

(b) He] ;

(b) Not less than 60 days before the date of the examination, that he has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:

(1) Anatomy;

(2) Bacteriology;

(3) Chiropractic theory and practice;

(4) Diagnosis and chiropractic analysis;

(5) Elementary chemistry and toxicology;

(6) Histology;

(7) Hygiene and sanitation;

(8) Obstetrics and gynecology;

(9) Pathology;

(10) Physiology; and

(11) Physiotherapy; and

(1) Holds certificates which indicate that he has passed parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or

(2) Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him.

2. Except as otherwise provided in subsection 3, every applicant is required to submit evidence of his successful completion of not less than 60 credit hours at an accredited college or university.

3. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 2.

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ê2001 Statutes of Nevada, Page 6 (Chapter 4, AB 32)ê

Sec. 2. NRS 634.115 is hereby amended to read as follows:

634.115 1. [Upon] Except as otherwise provided in subsections 4 and 5, upon application, payment of the required fee and the approval of its secretary and president, the board may, without examination, grant a temporary license to practice chiropractic in this state to a person [whose] who holds a corresponding license or certificate in another jurisdiction which is in good standing [.] and who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this state.

2. [An] Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the secretary of the board not less than [45] 30 days before the applicant intends to practice chiropractic in this state. [The] Upon the request of an applicant, the president or secretary may, for good cause, authorize the applicant to file his application fewer than 30 days before he intends to practice chiropractic in this state.

3. An application for a temporary license must be accompanied by a fee of $50 and include:

(a) The applicant’s name, the address of his primary place of practice and his telephone number;

(b) A current photograph of the applicant measuring 2 by 2 inches;

(c) The name of the chiropractic school or college from which the applicant graduated and the date of his graduation; and

(d) The number of the applicant’s license to practice chiropractic in another jurisdiction . [; and

(e) A list of the names and addresses of the patients to be treated by the applicant in this state or the name of the organization whose members the applicant intends to treat in this state.

3.] 4. A temporary license is valid for the 10-day period designated on the license and is not renewable.

[4.] 5. The board may not grant more than two temporary licenses to an applicant during any calendar year.

Sec. 3. NRS 634.127 is hereby amended to read as follows:

634.127 No chiropractor may supervise more than [two] four chiropractor’s assistants at the same time.

Sec. 4. This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 7ê

CHAPTER 5, SB 64

Senate Bill No. 64–Committee on Government Affairs

CHAPTER 5

AN ACT relating to property taxes; authorizing the payment of taxes assessed upon personal property in installments under certain circumstances; and providing other matters properly relating thereto.

[Approved: March 27, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 361.483 is hereby amended to read as follows:

361.483 1. Except as otherwise provided in subsection [4,] 5, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.

2. Taxes assessed upon the real property tax roll may be paid in four approximately equal installments if the taxes assessed on the parcel exceed $100.

3. Taxes assessed upon a mobile or manufactured home may be paid in four installments if the taxes assessed exceed $100.

4. Except as otherwise provided in NRS 361.505, taxes assessed upon personal property may be paid in four approximately equal installments if:

(a) The total personal property taxes assessed exceed $10,000;

(b) Not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265;

(c) The taxpayer files with the county assessor, or county treasurer if the county treasurer has been designated to collect taxes, a written request to be billed in quarterly installments and includes with the request a copy of the written statement of personal property required pursuant to NRS 361.265; and

(d) The business has been in existence for at least 3 years if the personal property assessed is the property of a business.

5. If a person elects to pay in installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.

[5.] 6. If any person charged with taxes which are a lien on real property fails to pay:

(a) Any one installment of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.

(b) Any two installments of the taxes, together with accumulated penalties, on or within 10 days following the day the later installment of taxes becomes due, there must be added thereto a penalty of 5 percent of the two installments due.

(c) Any three installments of the taxes, together with accumulated penalties, on or within 10 days following the day the latest installment of taxes becomes due, there must be added thereto a penalty of 6 percent of the three installments due.

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(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.

[6.] 7. Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after the installment payment is due is subject to the following provisions:

(a) A penalty of 10 percent of the taxes due;

(b) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

[7.] 8. The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.419 and 361.4835.

Sec. 2. NRS 361.770 is hereby amended to read as follows:

361.770 1. If newly constructed real property is not assessed on the secured assessment roll for the current tax year and the roll has been closed pursuant to NRS 361.310, the county assessor of any county wherein the property is located shall assess the property as personal property and give his receipt for the taxes paid thereon in the amount received by him. If the amount of the taxes exceeds $100, they may be paid in installments as provided in NRS 361.483 [.] for property assessed upon the real property tax roll.

2. An assessment may be made at any time between July 1 and December 15. The receipt issued by the county assessor must specify the description of the property, together with the year for which the tax is paid.

3. Any taxes for property assessed pursuant to this section which become delinquent must be treated in the same manner as if the property had been placed on the secured roll.

4. The receipt issued by the county assessor is conclusive evidence for the payment of all taxes against the property described for the year named on the receipt and is a complete defense to any action for taxes which may be brought for the period covered by the receipt.

Sec. 3. NRS 268.785 is hereby amended to read as follows:

268.785 1. After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the higher level of police protection found beneficial to the public interest for the next ensuing fiscal year.

2. The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

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later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection [4] 5 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

4. A district is not entitled to receive any distribution of supplemental city-county relief tax.

Sec. 4. NRS 268.795 is hereby amended to read as follows:

268.795 1. After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the maintenance found beneficial to the public interest for the next ensuing fiscal year.

2. The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

3. The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection [4] 5 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

4. A district is not entitled to receive any distribution of supplemental city-county relief tax.

Sec. 5. This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 10ê

CHAPTER 6, AB 22

Assembly Bill No. 22–Assemblyman Lee

CHAPTER 6

AN ACT relating to judges; amending the charter of the City of Las Vegas to extend the terms of municipal judges; and providing other matters properly relating thereto.

[Approved: March 27, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 1.140 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 526, Statutes of Nevada 1997, at page 2515, is hereby amended to read as follows:

Sec. 1.140 Elective offices.

1. The elective officers of the city consist of:

(a) A mayor.

(b) One councilman from each ward.

2. The terms of office of the mayor [, councilmen and, except as is otherwise provided in subsection 3 of section 4.010 of this charter, municipal judges] and councilmen are 4 years.

3. Except as otherwise provided in subsection 3 of section 4.010 of this charter, the term of office of a municipal judge is 6 years.

Sec. 2. Section 4.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 454, Statutes of Nevada 1989, at page 967, is hereby amended to read as follows:

Sec. 4.010 Municipal court.

1. There is a municipal court of the city which consists of at least two departments, each of which must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapters 5 and 266 of NRS which relate to municipal courts.

2. The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.

3. At the first general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of [2 or 4] not more than 6 years, as determined by the city council, in order to effectuate the intent of this provision that, as nearly as practicable, [one‑half] at least one-third of the number of municipal judges be elected every 2 years.

4. The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.

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

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ê2001 Statutes of Nevada, Page 11ê

CHAPTER 7, AB 107

Assembly Bill No. 107–Committee on Judiciary

CHAPTER 7

AN ACT relating to crimes; clarifying that a person convicted of a battery that constitutes domestic violence within 7 years before or after the principal offense has committed a prior offense for the purposes of determining a penalty; and providing other matters properly relating thereto.

[Approved: March 27, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.485 is hereby amended to read as follows:

200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:

(a) For the first offense within [the immediately preceding] 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.

(b) For the second offense within [the immediately preceding] 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within [the immediately preceding] 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

(a) For the first offense within [the immediately preceding] 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

(b) For the second offense within [the immediately preceding] 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

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ê2001 Statutes of Nevada, Page 12 (Chapter 7, AB 107)ê

3. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

[4.] 5. In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse in the department of human resources.

[5.] 6. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge 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 court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

[6.] 7. For the purposes of this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and

(b) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

Sec. 2. This act becomes effective upon passage and approval.

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ê2001 Statutes of Nevada, Page 13ê

CHAPTER 8, SB 7

Senate Bill No. 7–Senator Wiener

CHAPTER 8

AN ACT relating to children; authorizing a director of juvenile services to create and administer a fund to finance a program of restitution through work; limiting the amount that may be deducted from the wages of a child in a program of restitution through work; authorizing a director of juvenile services to create and administer a fund to finance a program of cognitive training and human development; and providing other matters properly relating thereto.

[Approved: April 2, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. To finance a program of restitution through work established pursuant to NRS 62.2185, a director of juvenile services may establish, with the county treasurer as custodian, a special fund to be known as the restitution through work fund.

2. All grants, gifts, donations, bequests and devises of money that a director of juvenile services is authorized to accept pursuant to NRS 62.2185 must be deposited with the county treasurer for credit to the fund.

3. The fund must be a separate and continuing fund, and no money in the fund reverts to the general fund of the county at any time. The interest earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

4. Expenditures from the fund must be used only for carrying out the provisions of NRS 62.2185 and expended, to the extent permitted by law, in accordance with the terms of the grant, gift, donation, bequest or devise. No expenditure from the fund may be made until authorized by the director of juvenile services.

Sec. 3. 1. To finance a program of cognitive training and human development established pursuant to NRS 62.2195, a director of juvenile services may establish, with the county treasurer as custodian, a special fund to be known as the cognitive training and human development fund.

2. All grants, gifts, donations, bequests and devises of money that a director of juvenile services is authorized to accept pursuant to NRS 62.2195 must be deposited with the county treasurer for credit to the fund.

4. Expenditures from the fund must be used only for carrying out the provisions of NRS 62.2195 and expended, to the extent permitted by law, in accordance with the terms of the grant, gift, donation, bequest or devise. No expenditure from the fund may be made until authorized by the director of juvenile services.

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Sec. 4. NRS 62.020 is hereby amended to read as follows:

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

1. Except as otherwise provided in this subsection, “child” means a person who is:

(a) Less than 18 years of age; or

(b) Less than 21 years of age and subject to the jurisdiction of the juvenile court for an act of delinquency that was committed before the person reached 18 years of age.

The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.

2. “Court” means the juvenile division of the district court.

3. “Director of juvenile services” means:

(a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

(b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225; or

(1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

(2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive.

4. “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

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

[5.] 6. “Judge” means the judge of the juvenile division of the district court.

[6.] 7. “Juvenile court” or “juvenile division” 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.

[7.] 8. “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:

(a) A violation of chapter 484 or 706 of NRS that causes the death of a person;

(b) A violation of NRS 484.379; or

Sec. 5. NRS 62.2185 is hereby amended to read as follows:

62.2185 1. In addition to the options set forth in NRS 62.211 and 62.213, the court may order a child who is found to be within the purview of this chapter to participate in a program of restitution through work that is established pursuant to this section if the child:

(a) Is 14 years of age or older;

(b) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

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

ê2001 Statutes of Nevada, Page 15 (Chapter 8, SB 7)ê

(d) Voluntarily agrees to participate in the program of restitution through work.

2. If the court orders a child to participate in a program of restitution through work, the court may order any or all of the following, in the following order of priority if practicable:

(a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

(b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

3. A director of juvenile services may establish a program of restitution through work. A program of restitution through work must:

(a) Include, without limitation, instruction in skills for employment and work ethics; and

(b) Require a child who participates in the program to:

(1) With the assistance of the program and if practicable, seek and obtain a position of employment with a public or private employer; and

(2) Sign an authorization form that permits money to be deducted from the wages of the child to pay restitution. The director of juvenile services may prescribe the contents of the authorization form and may determine the amount of money to be deducted from the wages of the child to pay restitution [.] , but the director shall not require that more than 50 percent of the wages of the child be deducted to pay restitution.

4. A program of restitution through work may include, without limitation, cooperative agreements with public or private employers to make available positions of employment for a child who participates in the program.

5. A director of juvenile services may terminate participation by a child in a program of restitution through work for any lawful reason or purpose.

6. A director of juvenile services may:

(a) Apply for , [and] accept and expend grants , [or] gifts , donations, bequests or devises to finance a program of restitution through work [;] in the manner provided in section 2 of this act; and

(b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of restitution through work.

7. A director of juvenile services may designate a person to carry out the provisions of this section.

8. The provisions of this section do not:

(a) Create a right on behalf of a child to participate in a program of restitution through work or to hold a position of employment; or

(b) Establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in or for removal from a program of restitution through work or for denial of or removal from a position of employment.

[8. As used in this section, “director of juvenile services” means:

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

ê2001 Statutes of Nevada, Page 16 (Chapter 8, SB 7)ê

(a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

(b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225;

(1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

(2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive; or

(d) Any other person who is designated by a person listed in paragraph (a), (b) or (c) to carry out the provisions of this section.]

Sec. 6. NRS 62.2195 is hereby amended to read as follows:

62.2195 1. In addition to any other action authorized pursuant to the provisions of this chapter, the court may order a child who is found to be within the purview of this chapter to complete a program of cognitive training and human development pursuant to this section if:

(a) The child has never been found to be within the purview of this chapter; and

(b) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim.

2. If the court orders a child to complete a program of cognitive training and human development, the court may order any or all of the following, in the following order of priority if practicable:

(a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

(c) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

3. A program of cognitive training and human development must include, without limitation, education, instruction or guidance in one or more of the following subjects, as deemed appropriate by the court:

(a) Motivation.

(b) Habits, attitudes and conditioning.

(d) Developing a successful way of life.

(e) The process of solving problems.

(f) Emotions and emotional blocks.

(g) Assurances and demonstrative maturity.

(h) Family success.

(i) Family relationships.

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

ê2001 Statutes of Nevada, Page 17 (Chapter 8, SB 7)ê

(j) Interfamilial understanding and communications.

(k) Financial stability.

(l) Effective communications.

(m) Conflict resolution.

(n) Anger management.

(o) Obtaining and retaining employment.

4. A director of juvenile services may:

(a) Apply for , [and] accept and expend grants , [or] gifts , donations, bequests or devises to finance a program of cognitive training and human development [;] in the manner provided in section 3 of this act; and

(b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of cognitive training and human development.

5. [As used in this section, “director of juvenile services” means:

(a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

(b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225;

(1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

(2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive; or

(d) Any other person who is designated by a person listed in paragraph (a), (b) or (c) to carry out the provisions of this section.] A director of juvenile services may designate a person to carry out the provisions of this section.

Sec. 7. This act becomes effective upon passage and approval.

________

CHAPTER 9, SB 16

Senate Bill No. 16–Senator Rhoads

CHAPTER 9

AN ACT relating to real property; requiring the seller of a home or improved lot that is adjacent to open range to disclose to the purchaser information regarding grazing on open range; providing that compliance with the requirement of disclosure constitutes an affirmative defense in certain actions brought against the seller; and providing other matters properly relating thereto.

[Approved: April 2, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Before the purchaser of a home or improved lot that is adjacent to open range signs a sales agreement, the seller shall, by separate written document, disclose to the purchaser information regarding grazing on the open range.

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

ê2001 Statutes of Nevada, Page 18 (Chapter 9, SB 16)ê

document, disclose to the purchaser information regarding grazing on the open range. The written document must contain a statement with the following language:

This property is adjacent to open range on which livestock are permitted to graze or roam. Unless you construct a fence that will prevent livestock from entering this property, livestock may enter the property and you will not be entitled to collect damages because the livestock entered the property. Regardless of whether you construct a fence, it is unlawful to kill, maim or injure livestock that have entered this property.

2. The seller shall retain a copy of the disclosure document that has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document.

3. Compliance with this section by a seller constitutes an affirmative defense in any action brought against the seller by the purchaser based upon any damages allegedly suffered as the result of livestock entering the property.

4. As used in this section, “open range” has the meaning ascribed to it in NRS 568.355.

________

CHAPTER 10, SB 29

Senate Bill No. 29–Committee on Judiciary

CHAPTER 10

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

[Approved: April 2, 2001]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 20.015 is hereby amended to read as follows:

20.015 Whenever a party to an action or proceeding desires to give an undertaking pursuant to any provision of Titles 2 to 6 of NRS, it is sufficient if the sureties sign an undertaking indicating that they are bound to the obligations imposed by the statute under which the undertaking is given. Such undertaking may be in substantially the following form:

UNDERTAKING

State of Nevada...................................... }

}ss.

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

In the ............................... court ................................ (state title of the action). Whereas the above named ................................ desires to give an undertaking for ................................ (state purpose) as provided by NRS ................ Now, therefore, we the undersigned sureties, do hereby obligate ourselves, jointly and severally to ................................

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

ê2001 Statutes of Nevada, Page 19 (Chapter 10, SB 29)ê

ourselves, jointly and severally to ................................ (name the obligee) under the provisions of NRS ................ in the sum of $............. Dated this ............. day of […………, A.D. 19…..] the month of .....……. of the year …….

(Signature of Principal)

(Signature of Sureties)

Sec. 2. NRS 21.025 is hereby amended to read as follows:

21.025 A writ of execution issued on a judgment for the recovery of money must be substantially in the following form:

(Title of the Court)

(Number and abbreviated title of the case)

EXECUTION

THE PEOPLE OF THE STATE OF NEVADA:

To the sheriff of ................................ County.

Greetings:

On [……………., 19….,] ....……..(month)......(day)......(year), a judgment was entered by the above-entitled court in the above-entitled action in favor of ........................ as judgment creditor and against ....................... as judgment debtor for:

$ principal,

$ attorney’s fees,

$ interest, and

$ costs, making a total amount of

$ the judgment as entered, and

WHEREAS, according to an affidavit or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

$ accrued interest, and

$ accrued costs, together with $........ fee, for the issuance of this writ, making a total of

$ as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of

which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of

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

ê2001 Statutes of Nevada, Page 20 (Chapter 10, SB 29)ê

actually due on the date of the issuance of this writ, of which

bears interest at ........ percent per annum, in the amount of $........ per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.

NOW, THEREFORE, SHERIFF OF ........................................ COUNTY, you are hereby commanded to satisfy this judgment with interest and costs as provided by law, out of the personal property of the judgment debtor, except that for any pay period, 75 percent of the disposable earnings of the debtor during this period or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed thereon with what you have done.

Dated: This .......... day of […………, 19…..] the month of .......….. of the year …….

........................., Clerk.

By,......................... Deputy Clerk.

Sec. 3. NRS 31.290 is hereby amended to read as follows:

31.290 1. The interrogatories to the garnishee may be in substance as follows:

INTERROGATORIES

Are you in any manner indebted to the defendants

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

or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.

Answer:.....................................................

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

Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount each defendant presently earns during a pay period.

Answer:.....................................................

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

Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................ is interested? If so, state its value, and state fully all particulars.

Answer:.....................................................

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

Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ........................... is interested, and now in the possession or under the control of others?

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

ê2001 Statutes of Nevada, Page 21 (Chapter 10, SB 29)ê

and now in the possession or under the control of others? If so, state particulars.

Answer:.....................................................

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

State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.

Answer:.....................................................

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

Garnishee

I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.

(Signature of garnishee)

SUBSCRIBED and SWORN to before me this ........ day of [……………, 19….] the month of …………… of the year ........

2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.

Sec. 4. NRS 34.735 is hereby amended to read as follows:

34.735 A petition must be in substantially the following form, with appropriate modifications if the petition is filed in the supreme court:

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

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

IN THE .................. JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF..................

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

Petitioner,

v. PETITION FOR WRIT

OF HABEAS CORPUS

(POST-CONVICTION)

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

Respondent.

INSTRUCTIONS:

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

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

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

ê2001 Statutes of Nevada, Page 22 (Chapter 10, SB 29)ê

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

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

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

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

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

PETITION

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

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

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

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

3. Date of judgment of conviction: ...

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

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

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

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

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

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

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

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

7. Nature of offense involved in conviction being challenged:

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

8. What was your plea? (check one)

(a) Not guilty ........

(b) Guilty ........

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

ê2001 Statutes of Nevada, Page 23 (Chapter 10, SB 29)ê

(d) Nolo contendere ........

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

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

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

(a) Jury ........

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

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

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

13. If you did appeal, answer the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Did you receive an evidentiary hearing on your petition, application or motion?

Yes ........ No ........

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

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

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

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

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

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

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

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

(4) Did you receive an evidentiary hearing on your petition, application or motion?

Yes ........ No ........

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

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

ê2001 Statutes of Nevada, Page 24 (Chapter 10, SB 29)ê

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Which of the grounds is the same:

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

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

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

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

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

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

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

19. Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)

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

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

ê2001 Statutes of Nevada, Page 25 (Chapter 10, SB 29)ê

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

If yes, state what court and the case number:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTED at ................... on the ....... day of […………, 19….] the month of ....... of the year .......

Signature of petitioner

Address

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

Signature of attorney (if any)

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

Attorney for petitioner

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

Address

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

ê2001 Statutes of Nevada, Page 26 (Chapter 10, SB 29)ê

VERIFICATION

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

Petitioner

Attorney for petitioner

CERTIFICATE OF SERVICE BY MAIL

I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on this ........ day of [……………, 19….,] the month of ........ of the year ........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:

Respondent prison or jail official

Address

Attorney General

Heroes’ Memorial Building

Capitol Complex

Carson City, Nevada 89710

District Attorney of County of Conviction

Address

Signature of Petitioner

Sec. 5. NRS 34.830 is hereby amended to read as follows:

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

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

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

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

ê2001 Statutes of Nevada, Page 27 (Chapter 10, SB 29)ê

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

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

IN THE ....... JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

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

Petitioner,

v. NOTICE OF ENTRY OF

DECISION OR ORDER

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

Respondent.

PLEASE TAKE NOTICE that on [……….., 19….,] ..... (month) ..... (day) ..... (year), the court entered a decision or order in this matter, a true and correct copy of which is attached to this notice.

You may appeal to the supreme court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within 33 days after the date this notice is mailed to you. This notice was mailed on […………, 19….] ..... (month) ..... (day) ..... (year)

Dated [……….., 19….] ..... (month) ..... (day) ..... (year)

Clerk of court

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

Deputy

Sec. 6. NRS 41.331 is hereby amended to read as follows:

41.331 As used in NRS 41.331 to 41.338, inclusive, [except where] unless the context otherwise requires, the words and terms defined in NRS 41.332 to 41.335, inclusive, have the meanings ascribed to them in [NRS 41.332 to 41.335, inclusive.] those sections.

Sec. 7. NRS 52.260 is hereby amended to read as follows:

52.260 1. The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.

2. The custodian of the record or other qualified person must verify in the affidavit that the record was made:

(a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and

(b) In the course of the regularly conducted activity.

3. The affidavit required by subsection 2 must be in substantially the following form:

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

ê2001 Statutes of Nevada, Page 28 (Chapter 10, SB 29)ê

CERTIFICATE OF CUSTODIAN OF RECORDS

State of Nevada...................................... }

}ss.

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

NOW COMES ................................, who after first being duly sworn deposes and says:

1. That the deponent is the ................ (position or title) ................ of ............... (name of employer) ................ and in his capacity as .............. (position or title) ................ is a custodian of the records of ............. (name of employer) ................

2. That ................. (name of employer) ................ is licensed to do business as a ................... in the State of ................

3. That on the ....... day of [……………, 19….,] the month of ....... of the year ......., the deponent was served with a subpoena in connection with the above-entitled cause, calling for the production of records pertaining to

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

4. That the deponent has examined the original of those records and has made or caused to be made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.

5. That the original of those records was made at or near the time of the act, event, condition, opinion or diagnosis recited therein by or from information transmitted by a person with knowledge, in the course of a regularly conducted activity of the deponent or ............ (name of employer) ................

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

Subscribed and sworn to before me, a Notary Public, on this ....... day of [……………, 19…..] the month of ....... of the year .......

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

Notary Public ................ County, Nevada

My appointment expires:........................

4. A party intending to offer an affidavit pursuant to this section must serve on the other parties a notice of the intent and make available for inspection or copying the records of the regularly conducted activity at least 10 days before the records are to be introduced at a hearing, unless the court shortens this time for good cause shown.

5. If during a trial or a proceeding for discovery, the authenticity of a record of a regularly conducted activity is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the record or other qualified person and may order that the original records be produced.

6. For the purposes of this section:

(a) “Custodian of the records” means an employee or agent of an employer who has the care, custody and control of the records of the regularly conducted activity of the employer.

(b) “Employer” means:

(1) The State of Nevada, any state agency, county, city, town, school district or other unit of local government;

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

ê2001 Statutes of Nevada, Page 29 (Chapter 10, SB 29)ê

(2) Any public or quasi-public corporation; or

(3) Any other person, firm, corporation, partnership or association.

(c) “Records” means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by an employer.

Sec. 8. NRS 68.010 is hereby amended to read as follows:

68.010 The justice, on demand of a party in whose favor judgment is rendered, must give him an abstract of the judgment in substantially the following form (filling blanks according to the facts):

State of Nevada, ................ county, ................, plaintiff, v. ................, defendant. In justice’s court, before ................, justice of the peace, ................ township (or city), county ................[, 19….] (inserting date of abstract). Judgment entered for plaintiff (or defendant) for $....., on the ..... day of ........ I certify that the foregoing is a correct abstract of a judgment rendered in the action in my court, ................, or (as the case may be) in the court of ................, justice of the peace, as appears by his docket, now in my possession, as his successor in office.

Justice of the Peace.

Sec. 9. NRS 108.2415 is hereby amended to read as follows:

108.2415 The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in this state, as surety, in substantially the following form:

(Title of court and cause, if action has been commenced)

WHEREAS, ................................ (name of owner, contractor, or other person disputing lien) desires to give a bond for releasing the following described real property from that certain claim of mechanic’s lien in the sum of $................ recorded [……………, 19….,] ..... (month) ..... (day) ..... (year) in the office of the recorder in ................................ (name of county where the real property is situated):

(legal description)

NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to the claimant named in the mechanic’s lien, ................................, (name of claimant) under the conditions prescribed by NRS 108.2413 to 108.2425, inclusive, in the sum of $................ (1 1/2 x claim), from which sum they will pay the claimant such amount as a court of competent jurisdiction may adjudge to have been secured by his lien, with interest, costs and attorney’s fees.

IN TESTIMONY WHEREOF, the principal and surety have executed this bond at ................................, Nevada, on the ....... day of [……………, 19…..] the month of ....... of the year .......

(Signature of Principal)

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

ê2001 Statutes of Nevada, Page 30 (Chapter 10, SB 29)ê

(SURETY CORPORATION)

BY........………....................

(Its Attorney in Fact)

State of Nevada...................................... }

}ss.

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

On [……………, 19….,] ..... (month) ..... (day) ..... (year) before me, the undersigned, a notary public of this county and state, personally appeared ................................. who acknowledged that he executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ................................ known (or satisfactorily proved) to me to be the attorney in fact of the corporation that executed the foregoing instrument, known to me to be the person who executed that instrument on behalf of the corporation therein named, and he acknowledged to me that that corporation executed the foregoing instrument.

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

(Notary Public in and for

the County and State)

Sec. 10. NRS 108.2437 is hereby amended to read as follows:

108.2437 1. As soon as practicable, but not later than 10 days after a lien of record upon real property pursuant to NRS 108.221 to 108.246, inclusive, is satisfied or discharged, the lienor shall cause to be recorded a discharge or release of the lien in substantially the following form:

DISCHARGE OR RELEASE OF LIEN

NOTICE IS HEREBY GIVEN THAT:

The undersigned did, on the ....... day of [……………, 19….,] the month of ....... of the year ......., record in Book ............, as Document No. ............, in the office of the county recorder of ............. County, Nevada, its Notice of Lien, or has otherwise given notice of his intention to hold and claim a lien upon the following described property, owned or purportedly owned by ..............., situated in the County of ............, State of Nevada, to wit:

(Legal Description or Address of the Property)

NOW, THEREFORE, for valuable consideration the undersigned does release, satisfy and discharge the claim or lien on the property described above by reason of such Notice of Lien, or by reason of the work and labor on, or materials furnished for, that property.

(Signature of Lienor)

2. If the lienor fails to comply with the provisions of subsection 1, he is liable in a civil action to the owner of the real property, his heirs or assigns for any actual damages caused by his failure to comply with those provisions or $100, whichever is greater, and for a reasonable attorney’s fee and the costs of bringing the action.

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

ê2001 Statutes of Nevada, Page 31 (Chapter 10, SB 29)ê

or $100, whichever is greater, and for a reasonable attorney’s fee and the costs of bringing the action.

Sec. 11. NRS 108.620 is hereby amended to read as follows:

108.620 The form of the notice required by NRS 108.610 must be substantially as follows:

Notice is hereby given that ................................ has rendered services in hospitalization for ................................, a person who was injured on the ....... day of [……………, 19….,] the month of ....... of the year ....... in the city of ................, county of ................................, on or about the ....... day of [……………, 19….;] the month of ....... of the year .......; and that ................................ (name of claimant) hereby claims a lien upon any money due or owing or any claim for compensation, damages, contribution, settlement or judgment from ................................, alleged to have caused the injuries, or any other person, corporation or association liable for the injury. The hospitalization was rendered to the injured person between the ....... day of [……………, 19….,] the month of ....... of the year ....... and the ....... day of [……………, 19….] the month of ....... of the year .......

Itemized Statement

That 90 days have not elapsed since the termination of hospitalization; that the claimant’s demands for such care or service is in the sum of $................ and that no part thereof has been paid except $................; and that there is now due and owing and remaining unpaid of such sum, after deducting all credits and offsets, the sum of $................, in which amount lien is hereby claimed.

, Claimant.

State of Nevada...................................... }

}ss.

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

I, ................................, being first duly sworn, on oath say:

That I am ................................, named in the foregoing claim of lien; that I have read the same and know the contents thereof and believe the same to be true.

Subscribed and sworn to before me this ....... day of [……………, 19….] the month of ....... of the year .......

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

Notary Public in and for the above-named county and state.

Sec. 12. NRS 122.050 is hereby amended to read as follows:

122.050 The marriage license must be substantially in the following form:

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

ê2001 Statutes of Nevada, Page 32 (Chapter 10, SB 29)ê

Marriage License

(Expires 1 Year After Issuance)

State of Nevada...................................... }

}ss.

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

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

Witness my hand and the seal of the county, this ..... day of [………… A.D. 19…..] the month of ………. of the year ............

(Seal) Clerk

Deputy clerk

Sec. 13. NRS 122.120 is hereby amended to read as follows:

122.120 1. After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.

2. The certificate of marriage must be in substantially the following form:

State of Nevada

Marriage Certificate

State of Nevada...................................... }

}ss.

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

This is to certify that the undersigned, ................................ (a minister of the gospel, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of […………, A.D. 19….,] the month of ………. of the year ...............,

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

ê2001 Statutes of Nevada, Page 33 (Chapter 10, SB 29)ê

as the case may be), did on the ................ day of […………, A.D. 19….,] the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join in lawful wedlock ................ (name), of ................ (city), State of ................ and ................ (name), of ................(city), State of ................ with their mutual consent, in the presence of ................ and ................ (witnesses).

Signature of person performing

(Seal of County Clerk)....... the marriage

Name under signature typewritten

or printed in black ink

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

County Clerk

Official title of person performing

the marriage

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

Couple’s mailing address

3. All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

Sec. 14. NRS 127.055 is hereby amended to read as follows:

127.055 1. Any or all of the attesting witnesses to any consent to adoption may, at the request of the person or persons who executed the consent, make and sign an affidavit before any person authorized to administer oaths in this state, stating such facts as they would be required to testify to in court to prove the due execution of the consent to adoption. The affidavit must be written on the consent to adoption, or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court in any action or proceeding relating to the validity or due execution of the consent to adoption as if it had been taken before the court.

2. The affidavit described in subsection 1 may be substantially in the following form:

State of Nevada...................................... }

}ss.

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

(Date)

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

ê2001 Statutes of Nevada, Page 34 (Chapter 10, SB 29)ê

Then and there personally appeared the within-named ................ and ................, who, being duly sworn, depose and say: That they witnessed the execution of the within consent to adoption by ................ (name of person or persons consenting); that she (he or they) subscribed the consent to adoption and declared the same to be a voluntary consent to adoption in their presence; that at the time the consent to adoption was executed it contained the names of the person or persons to whom consent was thereby given to adopt the child; that they thereafter subscribed the same as witnesses in the presence of ................ (name of person or persons consenting) and in the presence of each other and at the request of ................ (name of person or persons consenting); that at the time of the execution of the consent to adoption ................ (name of person or persons consenting) acknowledged to them that she (he or they) was (were), and she (he or they) appeared to them to be, in full possession of her (his or their) faculties and not under the influence of any drug or sedative or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at her (his or their) request.

Subscribed and sworn to before me this ....... day of […………, 19…..] the month of ....... of the year ……..

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

Notary Public

Sec. 15. NRS 128.080 is hereby amended to read as follows:

128.080 The notice must be in substantially the following form:

In the .................... Judicial District Court of the State of Nevada,

in and for the County of .........................

In the matter of parental rights

as to ........................, a minor.

Notice

To ........................, the father or ........................, the mother of the above-named person; or, to the father and mother of the above-named person, and to all persons claiming to be the father or mother of this person; or, to ........................, related to the above-named minor as ........................; and, to ........................, the legal custodian or guardian of the above-named minor:

You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ........................, in the County of ........................, on the .......... day of […………, 19….,] the month of ………. of the year ....... at........ o’clock ........m., at which time and place you are required to be present if you desire to oppose the petition.

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

ê2001 Statutes of Nevada, Page 35 (Chapter 10, SB 29)ê

Dated [……………, 19…..] ........ (month) ........ (day) ........ (year)

Clerk of court.

(SEAL)

Deputy.

Sec. 16. NRS 129.100 is hereby amended to read as follows:

129.100 1. After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing of the petition, and requiring the person served with the notice to appear before the court at the hearing if he desires to oppose the petition.

2. The notice issued pursuant to subsection 1 must be in substantially the following form:

In the ................................ Judicial District Court of the State of Nevada,

in and for the County of ................................

In the matter of the emancipation

of ................................, a minor.

Notice

To ................................, the father or ................................, the mother of the above-named minor; or, to the father and mother of the above-named minor; or, to ................................, the legal guardian of the above-named minor; or, to ................................, related to the above-named minor as ...............................:

You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation of the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ................................, in the County of ................................, on the .......... day of […………, 19….,] the month of ………. of the year ....... at .......... o’clock ...m., at which time and place you are required to be present if you desire to oppose the petition.

Dated [……………, 19…..] ............. (month) ………. (day) …… (year)

Clerk of court.

(SEAL)

Deputy.

Sec. 17. NRS 159.075 is hereby amended to read as follows:

159.075 When a guardian has taken the official oath and filed a bond as provided herein, the court shall cause to be issued letters of guardianship to the guardian. Letters of guardianship may be in the following form:

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

ê2001 Statutes of Nevada, Page 36 (Chapter 10, SB 29)ê

State of Nevada...................................... }

}ss.

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

To All To Whom These Presents Come, Greeting:

Know Ye, that on [……………, (month) (day) 19….,] .......... (month) .......... (day) ..........(year) the ................ Judicial District Court, ................ County, State of Nevada, appointed......................... (name of guardian) ...........................(guardian of the person or estate or person and estate or special guardian) for ........................, (name of ward) a(n) ........................., (minor or adult) that the named guardian has qualified and has the authority and shall perform the duties of ...................................................... ....................... (guardian of the person or estate or person and estate or special guardian) for the named ward as provided by law.

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on [……………, (month) (day) 19…..] .......... (month) .......... (day) .......... (year).

Clerk

(SEAL)

Deputy clerk

Sec. 18. NRS 174.063 is hereby amended to read as follows:

174.063 1. If a plea of guilty is made in a written plea agreement, the agreement must be substantially in the following form:

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

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

IN THE .................. JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF.............,

The State of Nevada

PLAINTIFF,

(Name of defendant)

DEFENDANT.

GUILTY PLEA AGREEMENT

I hereby agree to plead guilty to: (List charges to which defendant is pleading guilty), as more fully alleged in the charging document attached hereto as Exhibit 1.

My decision to plead guilty is based upon the plea agreement in this case which is as follows:

(State the terms of the agreement.)

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

ê2001 Statutes of Nevada, Page 37 (Chapter 10, SB 29)ê

CONSEQUENCES OF THE PLEA

I understand that by pleading guilty I admit the facts which support all the elements of the offenses to which I now plead as set forth in Exhibit 1.

I understand that as a consequence of my plea of guilty I may be imprisoned for a period of not more than (maximum term of imprisonment) and that I (may or will) be fined up to (maximum amount of fine). I understand that the law requires me to pay an administrative assessment fee.

I understand that, if appropriate, I will be ordered to make restitution to the victim of the offenses to which I am pleading guilty and to the victim of any related offense which is being dismissed or not prosecuted pursuant to this agreement. I will also be ordered to reimburse the State of Nevada for expenses related to my extradition, if any.

I understand that I (am or am not) eligible for probation for the offense to which I am pleading guilty. (I understand that, except as otherwise provided by statute, the question of whether I receive probation is in the discretion of the sentencing judge, or I understand that I must serve a mandatory minimum term of (term of imprisonment) or pay a minimum mandatory fine of (amount of fine) or serve a mandatory minimum term (term of imprisonment) and pay a minimum mandatory fine of (amount of fine).)

I understand that if more than one sentence of imprisonment is imposed and I am eligible to serve the sentences concurrently, the sentencing judge has the discretion to order the sentences served concurrently or consecutively.

I understand that information regarding charges not filed, dismissed charges or charges to be dismissed pursuant to this agreement may be considered by the judge at sentencing.

I have not been promised or guaranteed any particular sentence by anyone. I know that my sentence is to be determined by the court within the limits prescribed by statute. I understand that if my attorney or the State of Nevada or both recommend any specific punishment to the court, the court is not obligated to accept the recommendation.

I understand that the division of parole and probation of the department of motor vehicles and public safety may or will prepare a report for the sentencing judge before sentencing. This report will include matters relevant to the issue of sentencing, including my criminal history. I understand that this report may contain hearsay information regarding my background and criminal history. My attorney (if represented by counsel) and I will each have the opportunity to comment on the information contained in the report at the time of sentencing.

WAIVER OF RIGHTS

By entering my plea of guilty, I understand that I have waived the following rights and privileges:

1. The constitutional privilege against self-incrimination, including the right to refuse to testify at trial, in which event the prosecution would not be allowed to comment to the jury about my refusal to testify.

2. The constitutional right to a speedy and public trial by an impartial jury, free of excessive pretrial publicity prejudicial to the defense, at which trial I would be entitled to the assistance of an attorney, either appointed or retained. At trial, the state would bear the burden of proving beyond a reasonable doubt each element of the offense charged.

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

ê2001 Statutes of Nevada, Page 38 (Chapter 10, SB 29)ê

3. The constitutional right to confront and cross-examine any witnesses who would testify against me.

4. The constitutional right to subpoena witnesses to testify on my behalf.

5. The constitutional right to testify in my own defense.

6. The right to appeal the conviction, with the assistance of an attorney, either appointed or retained, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings and except as otherwise provided in subsection 3 of NRS 174.035.

VOLUNTARINESS OF PLEA

I have discussed the elements of all the original charges against me with my attorney (if represented by counsel) and I understand the nature of these charges against me.

I understand that the state would have to prove each element of the charge against me at trial.

I have discussed with my attorney (if represented by counsel) any possible defenses and circumstances which might be in my favor.

All of the foregoing elements, consequences, rights and waiver of rights have been thoroughly explained to me by my attorney (if represented by counsel).

I believe that pleading guilty and accepting this plea bargain is in my best interest and that a trial would be contrary to my best interest.

I am signing this agreement voluntarily, after consultation with my attorney (if represented by counsel) and I am not acting under duress or coercion or by virtue of any promises of leniency, except for those set forth in this agreement.

I am not now under the influence of intoxicating liquor, a controlled substance or other drug which would in any manner impair my ability to comprehend or understand this agreement or the proceedings surrounding my entry of this plea.

My attorney (if represented by counsel) has answered all my questions regarding this guilty plea agreement and its consequences to my satisfaction and I am satisfied with the services provided by my attorney.

Dated: This ........... day of […………, 19…..] the month of ………. of the year …….

Defendant.

Agreed to on this .......... day of [………, 19…..] the month of ………. of the year …….

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

Deputy District Attorney.

2. If the defendant is represented by counsel, the written plea agreement must also include a certificate of counsel that is substantially in the following form:

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

ê2001 Statutes of Nevada, Page 39 (Chapter 10, SB 29)ê

CERTIFICATE OF COUNSEL

I, the undersigned, as the attorney for the defendant named herein and as an officer of the court hereby certify that:

1. I have fully explained to the defendant the allegations contained in the charges to which guilty pleas are being entered.

2. I have advised the defendant of the penalties for each charge and the restitution that the defendant may be ordered to pay.

3. All pleas of guilty offered by the defendant pursuant to this agreement are consistent with all the facts known to me and are made with my advice to the defendant and are in the best interest of the defendant.

4. To the best of my knowledge and belief, the defendant:

(a) Is competent and understands the charges and the consequences of pleading guilty as provided in this agreement.

(b) Executed this agreement and will enter all guilty pleas pursuant hereto voluntarily.

(c) Was not under the influence of intoxicating liquor, a controlled substance or other drug at the time of the execution of this agreement.

Dated: This ........... day of […………, 19…..] the month of ………. of the year …….

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

Attorney for defendant.

Sec. 19. NRS 179.320 is hereby amended to read as follows:

179.320 A warrant of arrest may be in substantially the following form:

Warrant of Arrest

County of ............................... The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: A complaint, upon oath, has been this day laid before me by A. B. that the crime of (designate it) has been committed, and accusing C. D. thereof; you are therefore commanded forthwith to arrest the above-named C. D. and bring him before me at (naming the place), or, in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

Dated at ............................., this ....... day of […………, 19…..] the month of ............ of the year .......

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

(Signature and official title of magistrate)

Sec. 20. NRS 179.325 is hereby amended to read as follows:

179.325 A summons may be in substantially the following form:

Summons

State of Nevada...................................... }

}ss.

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

The State of Nevada to the (naming defendant or corporation):

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

ê2001 Statutes of Nevada, Page 40 (Chapter 10, SB 29)ê

You are hereby summoned to appear before me at (naming the place) on (specifying the day and hour), to answer a charge made against you upon the complaint of A. B. for (designating the offense generally).

Dated at .............................., this ....... day of […………, 19…..] the month of ........... of the year .......

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

(Signature and official title of magistrate)

Sec. 21. NRS 179.330 is hereby amended to read as follows:

179.330 A search warrant may be in substantially the following form:

Search Warrant

State of Nevada...................................... }

}ss.

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

The State of Nevada, to any peace officer in the county of ................. Proof by affidavit having been made before me by (naming every person whose affidavit has been taken) that (stating the grounds or probable cause for issuance).

You are hereby commanded to search (naming the person or describing with reasonable particularity the place to be searched) for the following property (describing it with reasonable particularity), making the search (in the daytime or at any time, as determined by the magistrate) and if any such property is found there to seize it, prepare a written inventory of the property seized and bring the property before me (or another designated magistrate).

Dated at .............................., this ....... day of […………, 19…..] the month of ........... of the year .......

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

(Signature and official title of magistrate)

Sec. 22. NRS 179.340 is hereby amended to read as follows:

179.340 An undertaking for bail after arrest and before preliminary examination may be in substantially the following form:

Undertaking

A warrant having been issued on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., by ........................, a justice of the peace of ........................ County, for the arrest of ........................ (stating name of the accused), upon a charge of ........................ (stating briefly the nature of the offense), upon which he has been arrested and duly ordered admitted to bail in the sum of .................. dollars and ordered to appear before the magistrate who issued the warrant, we, ......................., of ........................, and ........................ (stating their names and place of residence), hereby undertake that the above-named ........................ shall appear and answer the charge above mentioned, at ............. o’clock ...m., on the ....... day of […………, A.D. 19….,] the month of ........... of the year ......., before ........................, the magistrate issuing the warrant, at his office in .....................,

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

ê2001 Statutes of Nevada, Page 41 (Chapter 10, SB 29)ê

in ....................., ..................... County, State of Nevada, and that the above-named (insert name of accused) shall appear and answer the charge above mentioned in whatever court and before whatever magistrate it may be prosecuted, or before which he may be required to appear by law, and shall at all times render himself amenable to the orders and process of the court and the requirements of the law, and if convicted shall appear for judgment and render himself in execution thereof; or if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of ............. dollars (inserting the sum in which the defendant is admitted to bail).

(Signatures of Sureties)

Sec. 23. NRS 179.360 is hereby amended to read as follows:

179.360 A commitment where defendant is held to answer after a preliminary examination may be in substantially the following form:

Commitment

County of ........................ (as the case may be).

The State of Nevada to the sheriff of the county of .............................: An order having been this day made by me that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.

Dated this ........ day of […………, 19…..] the month of ............ of the year .......

(Signatures and official title of magistrate)

Sec. 24. NRS 179.365 is hereby amended to read as follows:

179.365 An undertaking for bail after preliminary examination and before arraignment may be in substantially the following form:

Undertaking

An order having been made on the ........ day of […………, A.D. 19….,] the month of ............ of the year ....... by A. B., a justice of the peace of ............................... County (or as the case may be), that C. D. be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been duly admitted to bail in the sum of ............. dollars, we, E. F. and G. H. (stating their place of residence), hereby undertake that the above-named C. D. shall appear and answer the charge above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear for judgment and render himself in execution thereof, or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the

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

ê2001 Statutes of Nevada, Page 42 (Chapter 10, SB 29)ê

sum of ............ dollars (inserting the sum in which the defendant is admitted to bail).

(Signature of Sureties)

Sec. 25. NRS 179.370 is hereby amended to read as follows:

179.370 An indictment may be substantially in the following form:

Indictment

State of Nevada...................................... }

}ss.

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

The State of Nevada, plaintiff, against A. B., defendant (or John Doe, whose real name is unknown). Defendant A. B., above named, is accused by the grand jury of the county of ........................, of a felony (or of the crime of murder or other name of crime), committed as follows: The said A. B., on the ....... day of […………, A.D. 19….,] the month of ........... of the year ......., or thereabouts, at the county of .........................., State of Nevada, without authority of law and with malice aforethought, killed Richard Roe, by shooting with a pistol (or with a gun or other weapon, according to the facts).

District Attorney

or District Attorney, by Deputy.

Sec. 26. NRS 179.375 is hereby amended to read as follows:

179.375 An information may be in substantially the following form:

Information

State of Nevada...................................... }

}ss.

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

In the ....................... court. The State of Nevada against A. B., C. D. district attorney within and for the county of ........................ in the state aforesaid, in the name and by the authority of the State of Nevada, informs the court that A. B. on the ........ day of […………, A.D. 19….,] the month of ........... of the year ......., at the county of ........................, did (here state offense) against the peace and dignity of the State of Nevada.

C. D., District Attorney

or C. D., District Attorney, by H. M., Deputy.

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

ê2001 Statutes of Nevada, Page 43 (Chapter 10, SB 29)ê

Sec. 27. NRS 179.380 is hereby amended to read as follows:

179.380 A warrant upon the finding of a presentment, indictment or information may be in substantially the following form:

Warrant

County of ........................ The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: A presentment having been made or an indictment having been found (or information filed) on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., in the district court of the ........................, county of ........................., charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring him before that court to answer the presentment, indictment or information; or if the court is not in session that you deliver him into the custody of the sheriff of the county of ........................ By order of the court. Given under my hand with the seal of the court affixed this ........ day of […………, A.D. 19…..] the month of ............ of the year ....... .

(Seal) E. F., Clerk.

Sec. 28. NRS 179.385 is hereby amended to read as follows:

179.385 An undertaking for bail after arrest on a warrant following the finding of a presentment, indictment or information may be in substantially the following form:

Undertaking

A presentment having been made (or an indictment having been found or an information having been filed), on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., in the District Court of the ......................... Judicial District of the State of Nevada, in and for the County of ........................ (as the case may be), charging A. B. with the crime of (indicating it generally), and he having been duly admitted to bail in the sum of ............. dollars, we, C. D. and E. F. (stating their place of residence), hereby undertake that the above-named A. B. shall appear and answer the indictment or information above mentioned in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and processes of the court, and, if convicted, shall appear for judgment and render himself in execution thereof; or, if he fail to perform either of these conditions, that we will pay to the State of Nevada the sum of ............. dollars (inserting the sum in which the defendant is admitted to bail).

(Signature of Sureties)

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

ê2001 Statutes of Nevada, Page 44 (Chapter 10, SB 29)ê

Sec. 29. NRS 179.390 is hereby amended to read as follows:

179.390 A subpoena or subpoena duces tecum may be in substantially the following form:

Subpoena

The State of Nevada to A. B.: You are commanded to appear before C. D., a justice of the peace of ................ township, in ................ County (or, the court of ................, as the case may be), at (naming the place), on (stating the day and hour), as a witness in a criminal action, prosecuted by the State of Nevada against E. F. Given under my hand this ........ day of […………, A.D. 19…..] the month of ............ of the year ....... . G. H., Justice of the Peace (seal) (or “By order of the court, L. M., Clerk (seal)” as the case may be). (If books, papers or documents are required, a direction to the following effect must be contained in the subpoena: “And you are required also to bring with you the following (describing intelligibly the books, papers or documents required).”)

Sec. 30. NRS 179.395 is hereby amended to read as follows:

179.395 A bench warrant may be in substantially the following form:

Bench Warrant

State of Nevada...................................... }

}ss.

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

The State of Nevada, to any sheriff, constable, marshal, policeman or other peace officer in this state: A. B. having been on the ........ day of […………, A.D. 19….,] the month of ............ of the year ........ duly convicted in the .................... Judicial District Court of the State of Nevada and in and for the County of ...................., of the crime of (designating it generally); you are therefore commanded forthwith to arrest the above-named A. B. and bring him before that court for judgment, or if the court has adjourned, that you deliver him into the custody of the sheriff of the county of .................... Given, by order of the court, under my hand with the seal of the court affixed, this the ........ day of […………, A.D. 19…..] the month of ............ of the year ....... .

(Seal) E. F., Clerk.

Sec. 31. NRS 179.400 is hereby amended to read as follows:

179.400 When bail is taken upon the recommitment of the defendant, the undertaking shall be in substantially the following form:

Undertaking

An order having been made on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., by the court (naming it), that A. B. be admitted to bail in the sum of $.........., in an action pending in that court against him, in behalf of the State of Nevada, upon a (presentment, indictment, information, or appeal, as the case may be), we, C. D. and E. F., of (stating their place of residence), hereby undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (presentment, indictment, information, or appeal, as the case may be), and shall at all times render himself amenable to its orders and processes, and appear for judgment, and surrender himself in execution thereof; or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of $..........

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

ê2001 Statutes of Nevada, Page 45 (Chapter 10, SB 29)ê

against him, in behalf of the State of Nevada, upon a (presentment, indictment, information, or appeal, as the case may be), we, C. D. and E. F., of (stating their place of residence), hereby undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (presentment, indictment, information, or appeal, as the case may be), and shall at all times render himself amenable to its orders and processes, and appear for judgment, and surrender himself in execution thereof; or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of $.......... (inserting the sum in which the defendant is admitted to bail).

(Signature of Sureties)

Sec. 32. NRS 244.110 is hereby amended to read as follows:

244.110 The style of ordinances shall be as follows:

The Board of County Commissioners of the

County of................Do Ordain:

(Body of ordinance)

(Last section of ordinance)

Proposed on [the …. day …….., 19….] ………. (month) …. (day) …. (year)

Proposed by Commissioner.....................

Passed [the day …. of …….., 19….] ………. (month) …. (day) …. (year)

Vote:

Ayes: Commissioners...........................

Nays: Commissioners...........................

Absent:.......................... Commissioners.

Attest:

County Clerk. Chairman of the Board

This ordinance shall be in force and effect from and after the ........ day of [……….., 19…..] the month of ………… of the year …….

Sec. 33. NRS 244.3501 is hereby amended to read as follows:

244.3501 1. An ordinance of the liquor board shall not be passed except by bill. When any ordinance is amended, the section or sections thereof shall be reenacted as amended, and an ordinance shall not be revised or amended by reference only to its title.

2. Every liquor board ordinance shall:

(a) Bear a summary, which shall appear before the title and which shall state in brief the subject matter of the ordinance.

(b) Embrace but one subject and matters necessarily connected therewith and pertaining thereto. The subject shall be clearly indicated in the title. In all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.

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

ê2001 Statutes of Nevada, Page 46 (Chapter 10, SB 29)ê

all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.

3. All proposed liquor board ordinances, when first proposed, shall be read aloud in full to the liquor board, and final action thereon shall be deferred until the next regular meeting of the board; but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.

4. All ordinances shall be:

(a) Signed by the chairman of the liquor board.

(b) Attested by the county clerk.

(c) Published by title only, together with the names of the liquor board members voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same shall go into effect. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.

5. The style of liquor board ordinances shall be as follows:

The Liquor Board of the

County of................Do Ordain:

(Body of ordinance)

(Last section of ordinance)

Proposed on [the …. day …………, 19….] ………… (month) …. (day) …. (year)

Proposed by Member.............................

Passed [the …. day of …………, 19….] ………… (month) …. (day) …. (year)

Vote:

Ayes: Members......................................

Nays: Members......................................

Absent:..................................... Members.

Attest:

County Clerk Chairman of the Liquor Board

This ordinance shall be in force and effect from and after the...........day of […………, 19…..] the month of………… of the year …….

6. The county clerk shall record all liquor board ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. The book, or a certified copy of an ordinance therein recorded and under the seal of the county, shall be received as prima facie evidence in all courts and places without further proof.

Sec. 34. NRS 267.090 is hereby amended to read as follows:

267.090 If upon the canvass it is found that a majority of the votes cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city shall thereupon attach to the charter a certificate in substance as follows:

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

ê2001 Statutes of Nevada, Page 47 (Chapter 10, SB 29)ê

I, ................, mayor of ................, do hereby certify that in accordance with the terms and provisions of section 8 of article 8 of the constitution, and the laws of the State of Nevada, an election was held on the .......... day of […………, 19….,] the month of ………. of the year ….., at which 15 qualified electors were elected to prepare a charter for the city of ......................; that notice of the election was given in the manner provided by law; that on the .......... day of […………, 19….,] the month of ………. of the year ….., the election was held, and the votes cast at that election were canvassed by the governing body of the city, and the following persons were declared elected to prepare and propose a charter for the city of .................

That thereafter, on the .......... day of […………, 19….,] the month of ………. of the year ….., the board of electors returned a proposed charter for the city of ................, signed by the following members thereof: .................

That thereafter the proposed charter was published once in a newspaper and posted in three of the most public places in the city, to wit: For one publication, the publication in a newspaper on the .......... day of […………, 19….,] the month of ………. of the year ….., and was posted on the .......... day of […………, 19…..] the month of ………. of the year ……

That thereafter, on the .......... day of […………, 19….,] the month of ………. of the year ….., an election was held at which the proposed charter was submitted to the qualified electors of the city, and the returns of the election were canvassed by the governing body at a meeting held on the .......... day of […………, 19….,] the month of ………. of the year ….., and the result of the election was found to be as follows: For the proposed charter, ........ votes; against the proposed charter, ........ votes. Majority for the proposed charter, ........ votes.

Whereupon the charter was ratified by a majority of the qualified electors voting at the election.

And I further certify that the foregoing is a full, true and complete copy of the proposed charter voted upon and ratified as aforesaid.

In testimony whereof, I hereunto set my hand and affix the corporate seal of the city this .......... day of […………, 19…..] the month of ………. of the year ……

Mayor of the city of...............................

Attest: ,

Clerk of the city of ...................................

Sec. 35. NRS 269.105 is hereby amended to read as follows:

269.105 1. All salaries of officers mentioned in this chapter and all expenses incurred in carrying on any government herein provided for shall be paid out of the general fund of the town or city, to the affairs of which the government relates.

2. All claims for such salaries and expenses shall be presented to the town board or board of county commissioners, who shall consider and allow or reject the same, in whole or in part, and a record of their action shall be entered upon their minutes.

3. If allowed in whole or in part by a majority vote of all the members composing the town board or board of county commissioners, the clerk thereof shall certify the claims to the county auditor, who shall thereupon issue his warrant to the holder, substantially in the following form:

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

ê2001 Statutes of Nevada, Page 48 (Chapter 10, SB 29)ê

No ......... [……………19….] ….… (month) …… (day) …… (year)

The county treasurer of ................ County will pay to ................. the sum of ........ dollars, for (stating in general terms the nature of the claim), and charge the same to the general fund of the (town or city of) ................

$......... County Auditor

The county auditor shall appropriately fill all blanks.

4. Upon presentation of any warrant, the county treasurer shall immediately pay the same if he has money in his hands sufficient therefor belonging to the fund upon which it is drawn; but, if he has not, he shall endorse on the warrant, “Not paid for want of funds,” adding thereto the date of the endorsement and signing his name officially to the same; and thereafter he shall pay the warrant out of the first money applicable thereto coming into his hands.

5. Before 12 m. on the 1st Monday in each month, the county treasurer shall post a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the treasury to pay.

6. On paying any warrant, the county treasurer shall write across the face thereof, in red ink, “Paid,” with the date of payment, and sign his name officially thereto, and the warrant, thus canceled, shall be a sufficient voucher for the county treasurer for his official settlement, which settlement shall be made in time and manner as provided for settlement for county funds.

7. The chairman of the board of county commissioners shall, in addition to such settlement, once a month examine the books and vouchers of the county treasurer concerning the state of the finances in his hands, as mentioned in this chapter, and report the result to the board, which report shall be spread upon the minutes of the board. Such report shall be delivered to the town boards, if any, created pursuant to NRS 269.0165 and NRS 269.017 to 269.019, inclusive. Such town boards shall have access, at all reasonable times, to the books and vouchers of the county treasurer which relate to the respective towns.

Sec. 36. NRS 269.110 is hereby amended to read as follows:

269.110 1. In all cases where a town or city in any county of this state has been incorporated by an act of the legislature thereof, or of the Territory of Nevada, or otherwise, or may be incorporated, and the same has been or may hereafter be disincorporated, and where at the time of such disincorporation there exists any funded debt or outstanding bonds, the board of county commissioners shall provide for the payment of the principal and interest of the same substantially in time, manner and form as provided by law or ordinance existent touching the same at the time of disincorporation. If there be no such law or ordinance, all such claims shall be paid out of the debt service fund of such town or city, as provided in this chapter for the payment of other indebtedness.

2. The board of county commissioners of such county shall take possession of all the books, papers, documents, money, credits, claims, demands and other property of the town or city, and collect, hold or dispose of the same for the use and benefit of the inhabitants thereof; and in case the town or city shall have been at the time of disincorporation involved in debt, other than as above specified, the board of county commissioners shall ascertain the amount thereof, and cause evidences of indebtedness bearing interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of the indebtedness, which evidences of indebtedness shall be in the following form:

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

ê2001 Statutes of Nevada, Page 49 (Chapter 10, SB 29)ê

interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of the indebtedness, which evidences of indebtedness shall be in the following form:

No ......... [……………19….] ….… (month) …… (day) …... (year) $..........

This is to certify that the (designating the town or city by its name) is indebted to ................ in the sum of ........ dollars principal, and ........ dollars interest, payable out of the debt service fund of ................; the principal sum of ........ dollars to bear interest from this date at the legal rate per annum, principal, interest, and accruing interest payable in lawful money of the United States.

Chairman of the Board of County Commissioners

of ................................................ County, Nevada.

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

Clerk of ................ County, Nevada.

All blanks shall be appropriately filled.

3. No such evidence of indebtedness shall be issued upon any account, claim, demand, bond, warrant, scrip or other instrument, unless the same be filed with the clerk of the board of county commissioners within 3 months after the disincorporation of the town or city; and simultaneously upon issuance the account, claim or demand on which the same is issued shall be receipted, and the bond, warrant, scrip or other instrument shall be canceled.

4. The county treasurer shall only use the money of the debt service fund for the payment of the preexisting bonds or funded debt not otherwise provided for, as hereinbefore mentioned, and such evidences as shall be issued as last hereinbefore mentioned, and the interest thereon as provided in this chapter.

Sec. 37. NRS 271.375 is hereby amended to read as follows:

271.375 1. The engineer shall make an assessment roll and state a proposed assessment therein upon each tract to be assessed, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the governing body.

2. When any assessment is reported by the engineer to the governing body, as directed in this section, the roll must be filed in the office of the clerk and numbered.

3. The report must be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:

(Form of Certificate)

State of Nevada...................................... }

}ss.

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

To the (insert “City Council,” or “Board of County Commissioners,” or other name of governing body) of ................................, Nevada:

I hereby certify and report that the foregoing is the assessment roll and assessments made by me for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ................

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

ê2001 Statutes of Nevada, Page 50 (Chapter 10, SB 29)ê

you decided should be paid and borne by special assessments for ................ Improvement District No. ..........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the provisions of chapter 271 of NRS.

Engineer

Dated at......................., Nevada, [………, 19...] ........... (month) …….. (day) ……. (year)

Sec. 38. NRS 293.130 is hereby amended to read as follows:

293.130 1. On the dates set by the respective state central committees in each year in which a general election is to be held, a county convention of each major political party must be held at the county seat of each county or at such other place in the county as the county central committee designates.

2. The county central committee of each major political party shall cause notice of the holding of the county convention of its party to be ublished in one or more newspapers, if any, published in the county. The notice must be in substantially the following form:

NOTICE OF.....(NAME OF PARTY).....CONVENTION

Notice is hereby given that the county Convention of the ................ Party for ................ County will be held at ................ in ................, on [………., the …. day of …………, 19….;] the …….. day of the month of …………… of the year ……; that at the convention delegates to the ........ State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention will be chosen at ........(name of party)........ precinct meetings to be held in each voting precinct in the county on or before the ..... day of […………, 19….;] the month of …………… of the year ……..; and that a voting precinct is entitled to a number of delegates in proportion to the number of registered voters of the ................ Party residing in the precinct as set forth in NRS 293.133.

County Central Committee of................ County, Nevada

By (Its Chairman)

And (Its Secretary)

Sec. 39. NRS 361.655 is hereby amended to read as follows:

361.655 The complaint in the action may be as follows in form:

In the (Title of Court)

State of Nevada...................................... }

v. } Complaint

A.B. & Co., and the real estate and..... }

improvements in (describing them)...... }

The State of Nevada, by C.D., district attorney of the county of ................................, complains of A.B. and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property), and for cause of action says that between July 1, [19….,] of the year ......, and January 2, [19….,] of the year ......, in the county of ................,

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

ê2001 Statutes of Nevada, Page 51 (Chapter 10, SB 29)ê

action says that between July 1, [19….,] of the year ......, and January 2, [19….,] of the year ......, in the county of ................, in the State of Nevada, E.F., then and there, being county assessor of the county, did duly assess and put down on an assessment roll all the real and personal property in the county subject to taxation, and that the assessment roll was afterward submitted to the county board of equalization of the county, and was by the board duly equalized as provided by law; that A.B. was then and there the owner of, and that there was duly assessed to him the above-described real estate, improvements upon real estate and certain personal property, and that upon such property there has been duly levied for the fiscal year [19….] ...... a state tax of ................ dollars, and a county tax of ................ dollars, amounting in the whole to ................ dollars, all of which is due and unpaid; of which amount ................ dollars was duly assessed and levied against the real estate, and ................ dollars against the improvements aforesaid, and ................ dollars against the personal property.

Wherefore, plaintiff prays judgment against A.B. for the sum of ................ dollars (the whole of the tax) and all penalties and costs, and a separate judgment against the real estate and improvements, for the sum of ................ dollars (the tax due on real estate, improvements, and personal property) and all penalties and costs, as provided by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of the taxes, and of this action.

C.D., District Attorney

County of……………

Sec. 40. NRS 361.680 is hereby amended to read as follows:

361.680 The notice required to be published or posted shall be substantially in the following form, and may include any number of cases in which the return day of the summons shall be the same:

State of Nevada...................................... }

} District Attorney’s Office

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

Notice of Suits Commenced

To the following-named defendants, and to all owners of, or claimants to, the real estate and improvements, when assessed separately, hereinafter described, known or unknown.

You are hereby notified that suits have been commenced in (name of court where held) by the State of Nevada, plaintiff, against each of the defendants hereinafter named, and each of the following-described tracts or parcels of land with the improvements thereon, and improvements when separately assessed, and all owners of, or claimants to the same, known or unknown, to recover the tax and delinquency assessed to the defendant against the property, for the fiscal year commencing ................, and ending ................, and that a summons has been duly issued in each case; and you are further notified that unless you appear and answer to the complaint filed in such cause, on or before the ............. day of […………, 19….,] the month of ............ of the year ......, judgment will be taken against you and the real estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit.

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

ê2001 Statutes of Nevada, Page 52 (Chapter 10, SB 29)ê

estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit.

Tax and delinquency: A.B. (describe real estate and improvements as in summons) .............................. ................. $................;

E.F., personal property, assessed at $..................

C.D., District Attorney

County of…………….

Sec. 41. NRS 362.050 is hereby amended to read as follows:

362.050 1. To obtain the exemption of the surface of a patented mine or mining claim from taxation ad valorem, pursuant to section 5 of article 10 of the constitution of this state, the owner must submit an affidavit to the county clerk for the county in which the mine is located on or before December 30 covering work done during the 12 months next preceding 12 a.m. on September 1 of that year. The exemption then applies to the taxes for the fiscal year beginning on July 1 following the filing of the affidavit. Upon receipt of such an affidavit, the county clerk shall cause it to be recorded in the office of the county recorder and transmit it to the county assessor.

2. The affidavit of labor must describe particularly the work performed, upon what portion of the mine or claim, and when and by whom done, and may be substantially in the following form:

State of Nevada...................................... }

}ss.

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

................................, being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the ............................... patented mine or mining claim, situated in the ........................................ Mining District, County of ..........................................., State of Nevada, during the federal mining assessment work period ending within the year [19…..] ....... . The work was done at the expense of .............................., the owner (or one of the owners) of the patented mine or mining claim, for the purpose of relieving it from the tax assessment. It was performed by ................................, at about ................ feet in a ................ direction from the monument of location, and was done between the ........ day of […………, 19….,] the month of ........ of the year ......., and the .......... day of […………, 19….,] the month of .......... of the year ......., and consisted of the following work:

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

(Signature)

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

ê2001 Statutes of Nevada, Page 53 (Chapter 10, SB 29)ê

Subscribed and sworn to before me

this ...... day of […………, 19….] the month of ...... of the year ……

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

Notary Public (or other person

authorized to administer oaths)

Sec. 42. NRS 412.2675 is hereby amended to read as follows:

412.2675 1. Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following form:

State of Nevada...................................... }

}ss.

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

To the (Sheriff) (Constable) (Chief of Police) of ................ (County) (Township and County) (City and County):

(Name of person to be arrested, rank, serial number)

a member of .............................. (Unit designation) Nevada National Guard, having failed or refused to report to his appointed place of duty at ................................, you are therefore commanded forthwith to arrest the above-named .............................. and bring him before me at ................ The arrest may be made either during the day or at night.

Dated at .....................……………........ this ….…............. day of […………, 19…..] the month of ………. of the year ……

/s/

(Name, rank, branch, organization,

and designation as commanding officer)

2. Fees and mileage allowed for the service of warrants must be the same as are provided by law for the service of criminal process and must be paid out of money appropriated to the office of the military, upon proper application therefor.

Sec. 43. NRS 463.313 is hereby amended to read as follows:

463.313 1. At all hearings before the commission other than investigative hearings:

(a) Oral evidence may be taken only upon oath or affirmation administered by the commission.

(b) Every party has the right to:

(1) Call and examine witnesses;

(2) Introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;

(3) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;

(4) Impeach any witness regardless of which party first called him to testify; and

(5) Offer rebuttal evidence.

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

ê2001 Statutes of Nevada, Page 54 (Chapter 10, SB 29)ê

(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.

(e) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.

2. The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.

3. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:

(a) The party wishing to use an affidavit must, not less than 10 days before the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).

(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance with this paragraph, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.

The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ........ day of […………, 19…..] the month of ………. of the year …… (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.

(Party or Counsel)

(Address)

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Sec. 44. NRS 463A.090 is hereby amended to read as follows:

463A.090 1. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent’s notice of defense. The commission shall deliver or send a notice of hearing by registered or certified mail to all parties at least 10 days prior to the hearing. Unless the respondent consents, the hearing shall not be held prior to the expiration of the time within which the respondent is entitled to file a notice of defense.

2. The notice of hearing shall be substantially in the following form, but may include other information:

You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the .......... day of […………, 19….,] the month of ………. of the year ……, at the hour of ................, upon the charges made in the statement of reasons served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.

Sec. 45. NRS 463A.100 is hereby amended to read as follows:

463A.100 1. Before a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.

2. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.

3. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:

(a) The party wishing to use an affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).

(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally.

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examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.

The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the .......... day of […………, 19…..] the month of ………. of the year ……. (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.

(Party or Counsel)

(Address)

Sec. 46. Section 3 of chapter 44, Statutes of Nevada 1999, at page 119, is hereby amended to read as follows:

Sec. 3. NRS 217.450 is hereby amended to read as follows:

217.450 1. The commission on mental health and developmental services shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.

2. The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.

3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:

(a) A basic allocation of $7,000 must be made [to provide services for residents of] for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

(b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is 14,000 or more.

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Sec. 47. 1. Section 1 of chapter 50, Statutes of Nevada 1999, at page 125, is hereby amended to read as follows:

Section 1. NRS 449.017 is hereby amended to read as follows:

449.017 1. Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to [:

(a) Any] an aged, infirm, mentally retarded or handicapped person . [; or

(b) Four or more females during pregnancy or after delivery.]

2. The term does not include:

(a) An establishment which provides care only during the day;

(b) A natural person who provides care for no more than two persons in his own home;

(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or

(d) A facility funded by [the welfare] a division or [the division of mental health and developmental services] program of the department of human resources.

2. Chapter 50, Statutes of Nevada 1999, at page 126, is hereby amended by adding thereto new sections to be designated as sections 2, 3 and 4, immediately following section 1, to read as follows:

Sec. 2. Section 13 of chapter 642, Statutes of Nevada 1999, at page 3611, is hereby amended to read as follows:

Sec. 13. 1. This section and sections 1, 2, 4 [, 5] and 7 to [12,] 11, inclusive, of this act become effective on October 1, 1999.

2. [Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.

3.] Section 3 of this act becomes effective upon passage and approval for the purpose of adopting standards and regulations, and on January 1, 2000, for all other purposes.

Sec. 3. Sections 5, 6, 11.5 and 12 of chapter 642, Statutes of Nevada 1999, at pages 3607, 3610 and 3611, are hereby repealed.

Sec. 4. 1. This section and sections 2 and 3 of this act become effective on September 30, 1999.

2. Section 1 of this act becomes effective on October 1, 1999.

Sec. 48. Section 4 of chapter 59, Statutes of Nevada 1999, at page 145, is hereby amended to read as follows:

Sec. 4. NRS 34.745 is hereby amended to read as follows:

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

(a) File:

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

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

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

(b) Take [such] other action [as] that the judge or justice deems appropriate.

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

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(a) File:

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

(2) A return,

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

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

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

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

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

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

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

Petitioner,

v. ORDER

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

Respondent.

Petitioner filed a petition for a writ of habeas corpus on [............, 19....] …………(month)…...(day),……(year). The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of his liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive.

Dated [……………, 19....]…………(month)…...(day),……(year)

District Judge

A copy of the order must be served on the petitioner or his counsel, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

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

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

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Sec. 49. Section 4 of chapter 63, Statutes of Nevada 1999, at page 155, is hereby amended to read as follows:

Sec. 4. NRS 366.221 is hereby amended to read as follows:

366.221 1. Except as otherwise provided in subsection 2, [no] a special fuel user’s license [may be] is not required of the following classes of special fuel users:

(a) Operators of motor vehicles who make occasional trips into this state for service or repair.

(b) Operators of house coaches as defined in NRS 484.067.

(d) Operators of unladen motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.

(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.

[(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.

(g) Private motor carriers of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

(h) A private motor carrier of property which is used to attend livestock shows or sales.]

2. A person otherwise exempt pursuant to subsection 1 who does not purchase special fuel in this state in an amount commensurate with his consumption of special fuel in the propulsion of motor vehicles on the highways of this state shall secure a special fuel user’s license.

[3. As used in this section, “private motor carrier of property” has the meaning ascribed to it in NRS 706.111.]

Sec. 50. Section 45 of chapter 91, Statutes of Nevada 1999, at page 228, is hereby amended to read as follows:

Sec. 45. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

(a) The premiums that would otherwise have been owed to the system or a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years; and

(b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.

2. The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

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administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, is:

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

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category C felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 51. 1. Section 7 of chapter 101, Statutes of Nevada 1999, at page 277, is hereby amended to read as follows:

Sec. 7. NRS 354.59811 is hereby amended to read as follows:

354.59811 1. Except as otherwise provided in NRS [350.087,] 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 and section 1 of [this act,] Assembly Bill No. 275 of this session, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as [a general or medium-term obligation] general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

[1.] (a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

[2.] (b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

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2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

2. Chapter 101, Statutes of Nevada 1999, at page 278, is hereby amended by adding thereto a new section to be designated as section 8.1, immediately following section 8, to read as follows:

Sec. 8.1. Section 4 of chapter 490, Statutes of Nevada 1999, at page 2537, is hereby amended to read as follows:

Sec. 4. NRS 354.59811 is hereby amended to read as follows:

354.59811 1. Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 , [and] section 1 of Assembly Bill No. 275 of this session [,] and section 2 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

(a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

(b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

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Sec. 52. Sections 35, 64 and 131 of chapter 104, Statutes of Nevada 1999, at pages 309, 323 and 363, respectively, are hereby amended to read respectively as follows:

Sec. 35. 1. A security interest in investment property, deposit accounts, letter-of-credit rights, or electronic chattel paper may be perfected by control of the collateral under section 5, 6, 7 or 8 of this act.

2. A security interest in deposit accounts, electronic chattel paper, or letter-of-credit rights is perfected by control under section 5, 6 or 8 of this act when the secured party obtains control and remains perfected by control only while the secured party retains control.

3. A security interest in investment property is perfected by control under section 7 of this act from the time the secured party obtains control and remains perfected by control until:

(a) The secured party does not have control; and

(b) One of the following occurs:

(1) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

(2) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

(3) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

Sec. 64. 1. Except as otherwise provided in subsection 2 and sections 69, 70, 71 and 72 of this act, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.

2. An agreement between the debtor and secured party which prohibits a transfer of the debtor’s rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

Sec. 131. 1. If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before that date, the action is effective to perfect a security interest that attaches under this article as amended within 1 year after that date. An attached security interest becomes unperfected 1 year after July 1, 2001, unless the security interest becomes a perfected security interest under this article as amended before the expiration of that period.

2. The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article as amended.

3. This article as amended does not render ineffective an effective financing statement that was filed before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in section 4 of this act as that section read at the time of filing. However, except as otherwise provided in subsections 4 and 5 and section 132 of this act, the financing statement ceases to be effective at the earlier of:

(a) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or

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(b) June 30, 2006.

4. The filing of a continuation statement on or after July 1, 2001, does not continue the effectiveness of the financing statement filed before that date. However, upon the timely filing of a continuation statement after that date and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before that date continues for the period provided by the law of that jurisdiction.

5. Paragraph (b) of subsection 3 applies to a financing statement that was filed against a transmitting utility before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in section 4 of this act as that section read at the time of filing only to the extent that Part 3 provides that the law of a jurisdiction other than jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

6. A financing statement that includes a financing statement filed before July 1, 2001, and a continuation statement filed after that date are effective only to the extent that the financing statement satisfies the requirements of Part 5 for an initial financing statement.

Sec. 53. Section 2 of chapter 130, Statutes of Nevada 1999, at page 767, is hereby amended to read as follows:

Sec. 2. Section 4 of chapter 422, Statutes of Nevada 1997, at page 1503, as amended by section 37 of chapter 105, Statutes of Nevada 1999, at page 455, is hereby amended to read as follows:

Sec. 4. 1. This section and sections 2.1 to 2.5, inclusive, of this act become effective on September 30, 1997.

2. Section 3 of this act becomes effective on October 1, 1997.

3. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.

4. Section 1 of this act becomes effective on [January 1, 2001.] October 1, 1999.

Sec. 54. 1. Sections 5 and 8 of chapter 135, Statutes of Nevada 1999, at pages 782 and 783, respectively, are hereby amended to read respectively as follows:

Sec. 5. NRS 41.0338 is hereby amended to read as follows:

41.0338 As used in NRS 41.0339 to 41.0349, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, “official attorney” means:

1. The attorney general, in an action which involves a present or former legislator, officer or employee of this state, immune contractor or member of a state board or commission.

2. The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission.

Sec. 8. 1. This section and section 4.1 of this act [becomes] become effective on June 30, 1999.

2. Sections 1 to 4, inclusive, 5, 6 and 7 of this act become effective on July 1, 1999 , and [expires] expire by limitation on June 30, 2001.

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2. Chapter 135, Statutes of Nevada 1999, at page 782, is hereby amended by adding thereto a new section to be designated as section 4.1, immediately following section 4, to read as follows:

Sec. 4.1. NRS 41.0338 is hereby amended to read as follows:

41.0338 As used in NRS 41.0339 to 41.0349, inclusive, unless the context otherwise requires, “official attorney” means:

1. The attorney general, in an action which involves a present or former legislator, officer or employee of this state, immune contractor or member of a state board or commission.

Sec. 55. Section 7 of chapter 137, Statutes of Nevada 1999, at page 788, is hereby amended to read as follows:

Sec. 7. NRS 278.464 is hereby amended to read as follows:

278.464 1. Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

2. If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

3. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60 days,

after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map.

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governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60 days,

after the date of the request for the waiver, or, in the absence of action, the waiver shall be deemed approved.

5. A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

6. An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60 days,

after the date the appeal is filed.

7. If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to section 3 of this act, has been vacated or abandoned in accordance with NRS 278.480.

Sec. 56. Section 1 of chapter 170, Statutes of Nevada 1999, at page 876, is hereby amended to read as follows:

Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, the welfare division shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:

(a) Failed to report any required information to the welfare division that the person knew at the time he signed the application; or

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(b) Failed to report to the welfare division within the period allowed by the welfare division any required information that the person obtained after he filed the application.

2. Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits on behalf of the recipient shall reimburse the division or appropriate state agency for the value of the incorrectly paid public assistance.

3. The state welfare administrator or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.

4. The state welfare administrator may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The state welfare administrator shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.

Sec. 57. Sections 1 to 5, inclusive, and 7 of chapter 177, Statutes of Nevada 1999, at pages 890 to 893, inclusive, are hereby amended to read respectively as follows:

Section 1. NRS 513.094 is hereby amended to read as follows:

513.094 1. An additional fee, in an amount established [by the commission for each claim,] pursuant to subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited in the same manner as provided in that section.

2. The administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. The administrator shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to those conditions found in the state as a whole. [The] In addition, the administrator shall [further] work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.

3. To carry out this program and these duties, the administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the division by statute.

4. The commission shall [provide] establish by regulation:

(a) The fee required pursuant to subsection 1, in an amount not to exceed $4 per claim.

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(b) Standards for determining the conditions created by the abandonment of a former mine or its associated works that constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger because of that violation.

[(b)] (c) Standards for abating the kinds of dangers usually found, including, but not limited to, standards for excluding persons and animals from dangerous open excavations.

Sec. 2. NRS 517.185 is hereby amended to read as follows:

517.185 1. In addition to any recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a filing fee [for each claim that is established by the commission on mineral resources.] in an amount established pursuant to subsection 2. The county recorder shall collect the filing fee and, on or before the fifth working day of each month, deposit with the county treasurer all such fees collected during the preceding month. The county treasurer shall quarterly pay the money collected to the division. The division shall deposit with the state treasurer, for credit to the account for the division of minerals created pursuant to NRS 513.103, all money received pursuant to this section.

2. The commission on mineral resources shall, by regulation, establish the filing fee required pursuant to subsection 1 in an amount not to exceed $6 per claim.

Sec. 3. NRS 519A.250 is hereby amended to read as follows:

519A.250 1. An operator who is required by federal law to file a plan of operation or an amended plan of operation with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after the approval of the plan or amended plan, provide the division of minerals of the commission on mineral resources with a copy of the filing and pay to the division of minerals a fee in an amount established [by the commission on mineral resources] pursuant to subsection 5 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed pursuant to an amended plan.

2. The division of minerals shall adopt by regulation a method of refunding a portion of the fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.

3. All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer programs for:

(a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals; and

(b) The education of the members of the general public concerning the dangers of the hazardous conditions described in paragraph (a).

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All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals created pursuant to NRS 513.103.

4. On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.

5. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $30 per acre.

Sec. 4. NRS 522.050 is hereby amended to read as follows:

522.050 1. A person desiring to drill a well in search of oil or gas shall notify the division of that intent on a form prescribed by the division and shall pay a fee in an amount established [by the commission on mineral resources] pursuant to subsection 2 for a permit for each well. Upon receipt of the notification and fee, the division shall promptly issue to the person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

2. The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.

Sec. 5. NRS 522.150 is hereby amended to read as follows:

522.150 1. Any expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission must be paid from the account for the division of minerals created pursuant to NRS 513.103.

2. To pay the expenses of the division, every producer of oil or natural gas in this state shall, on or before the last day of each month, report to the division and the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the division a fee in an amount established [by the commission on mineral resources for] pursuant to subsection 3 on each barrel of oil and each 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The division shall deposit with the state treasurer, for credit to the account for the division of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the fee for each barrel of oil or each 50,000 cubic feet of natural gas, unless it has been paid by the producer.

3. The commission on mineral resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 20 cents for each barrel of oil or each 50,000 cubic feet of natural gas.

Sec. 7. 1. This section and section 6 of this act [becomes] become effective on July 1, 1999.

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

Sec. 58. Section 2 of chapter 210, Statutes of Nevada 1999, at page 968, is hereby amended to read as follows:

Sec. 2. This act becomes effective on July 1, 1999 [.] , and expires by limitation on July 1, 2007.

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Sec. 59. Section 113 of chapter 224, Statutes of Nevada 1999, at page 1023, is hereby amended to read as follows:

Sec. 113. 1. This section and section 100.7 of this act become effective upon passage and approval.

2. [The] Except as otherwise provided in subsection 3, the remaining sections of this act become effective on January 1, 2000, for the purposes of the adoption of regulations by the department of motor vehicles and public safety and the execution of any other administrative matters necessary to allow the department to begin collecting the taxes on January 1, 2002, and for all other purposes on January 1, 2002.

3. Section 93 of this act becomes effective on January 1, 2000, for the purposes of the adoption of regulations by the department of motor vehicles and public safety and the execution of any other administrative matters necessary to allow the department to begin collecting the taxes on January 1, 2002, and for all other purposes at 12:01 a.m. on January 1, 2002.

Sec. 60. Section 1 of chapter 238, Statutes of Nevada 1999, at page 1049, is hereby amended to read as follows:

Section 1. NRS 373.040 is hereby amended to read as follows:

373.040 1. In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

(a) Two by the board.

(b) Two by the governing body of the largest city.

2. In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

(a) If the county contains a city:

(1) Two by the board.

(2) One by the governing body of the largest city.

(b) If the county contains no city, the board shall select:

(1) Two members of the board; and

(2) One representative of the public, who is a resident of the largest town, if any, in the county.

3. In Carson City, the commission must be composed of representatives selected by the board of supervisors as follows:

(a) Two members of the board of supervisors, one of whom must be designated by the commission to serve as chairman of the commission.

(b) Three representatives of the city at large.

4. The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsections 5 [and 6,] , 6 and 7, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection [6,] 7, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

5. In Carson City:

(a) One representative of the commission who is a member of the board of supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

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representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

(b) One representative of the commission who is a member of the board of supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

6. In counties whose population is 100,000 or more, but less than 400,000:

(a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

(b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.

7. In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

Sec. 61. Sections 1, 2 and 3 of chapter 256, Statutes of Nevada 1999, at pages 1092 and 1095, are hereby amended to read respectively as follows:

Section 1. NRS 360.690 is hereby amended to read as follows:

360.690 1. Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

2. The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

3. If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

4. Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

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(a) Local government’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:

(I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and

(II) Average percentage of change in the assessed valuation of the taxable property in the local government, [except any] including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

(b) Special district’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, [except any] including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

5. The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

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(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

6. The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

(a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

7. On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

8. On or before March 15 of each year, the executive director shall:

(a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

9. A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

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Sec. 2. NRS 354.598747 is hereby amended to read as follows:

354.598747 1. [For the purpose of calculating] To calculate the amount to be distributed pursuant to the provisions of NRS 360.680 and 360.690 from a county’s subaccount in the local government tax distribution account to a local government, special district or enterprise district after it assumes the functions of another local government, special district or enterprise district:

(a) Except as otherwise provided in this subsection and subsection 2, the executive director of the department of taxation shall:

(1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS 360.680 for each local government, special district or enterprise district and allocate the combined amount to the local government, special district or enterprise district that assumes the functions; and

(2) If applicable, add the population and average change in the assessed valuation of the taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, [except any] including the assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, pursuant to subsection 4 of NRS 360.690 to the population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.

(b) If two or more local governments, special districts or enterprise districts assume the functions of another local government, special district or enterprise district, the additional revenue must be divided among the local governments, special districts or enterprise districts that assume the functions on the basis of the proportionate costs of the functions assumed.

The Nevada tax commission shall not allow any increase in the allowed revenue from the taxes contained in the county’s subaccount in the local government tax distribution account if the increase would result in a decrease in revenue of any local government, special district or enterprise district in the county that does not assume those functions. If more than one local government, special district or enterprise district assumes the functions, the Nevada tax commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

2. If a city disincorporates, the board of county commissioners of the county in which the city is located must determine the amount the unincorporated town created by the disincorporation will receive pursuant to the provisions of NRS 360.600 to 360.740, inclusive.

3. As used in this section:

(a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

(b) “Local government” has the meaning ascribed to it in NRS 360.640.

Sec. 3. This act becomes effective at 12:01 a.m. on July 1, 1999.

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Sec. 62. Section 1 of chapter 267, Statutes of Nevada 1999, at page 1133, is hereby amended to read as follows:

Section 1. NRS 445A.863 is hereby amended to read as follows:

445A.863 1. The state board of health shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or required by a lender as a condition precedent to the transfer of real property must be performed by a [certified laboratory.] laboratory that is certified in accordance with the standards adopted by the state board of health pursuant to this subsection.

2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.

3. For analyses required pursuant to NRS 445A.800 to 445A.955, inclusive, or by a lender as a condition precedent to the transfer of real property, the methods used must comply with the Federal Act.

4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445A.800 to 445A.955, inclusive.

Sec. 63. 1. Sections 3 and 4 of chapter 280, Statutes of Nevada 1999, at pages 1173 and 1174, respectively, are hereby amended to read respectively as follows:

Sec. 3. NRS 482.500 is hereby amended to read as follows:

482.500 1. Except as otherwise provided in subsection 2 [,] or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration..... $5.00

For every substitute number plate or set of plates 5.00

For every duplicate number plate or set of plates 10.00

For every decal displaying a county name .50

For every other decal , [(] license plate sticker or tab [)] 5.00

2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

3. A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of this act.

4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

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credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

[4.] 5. As used in this section:

(a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

(b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

Sec. 4. 1. This section and sections 3, 3.1 and 3.2 of this act become effective on September 30, 1999.

2. Sections 1 and 2 of this act become effective on October 1, 1999.

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

2. Chapter 280, Statutes of Nevada 1999, at page 1174, is hereby amended by adding thereto new sections to be designated as sections 3.1 and 3.2, immediately following section 3, to read respectively as follows:

Sec. 3.1. Section 3 of chapter 64, Statutes of Nevada 1999, at page 158, is hereby amended to read as follows:

Sec. 3. NRS 482.500 is hereby amended to read as follows:

482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration............................................................................................................................... $5.00

For every substitute number plate or set of plates................................................................................................ 5.00

For every duplicate number plate or set of plates............................................................................................... 10.00

For every decal displaying a county name.............................................................................................................. .50

For every other decal, license plate sticker or tab.................................................................................................. 5.00

2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

3. A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of [this act.] Senate Bill No. 379 of this session.

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5. As used in this section:

Sec. 3.2. Section 5 of chapter 277, Statutes of Nevada 1999, at page 1167, is hereby amended to read as follows:

Sec. 5. NRS 482.500 is hereby amended to read as follows:

For a certificate of registration..... $5.00

For every substitute number plate or set of plates 5.00

For every duplicate number plate or set of plates 10.00

For every decal displaying a county name .50

For every other decal, license plate sticker or tab 5.00

2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of Senate Bill No. 204 of this session and section 2 of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

3. A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of Senate Bill No. 379 of this session.

5. As used in this section:

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Sec. 64. Section 2 of chapter 287, Statutes of Nevada 1999, at page 1186, is hereby amended to read as follows:

Sec. 2. NRS 426.565 [is] and section 95 of chapter 354, Statutes of Nevada 1999, at page 1495, are hereby repealed.

Sec. 65. Sections 5, 6 and 9 of chapter 288, Statutes of Nevada 1999, at pages 1189, 1190 and 1191, respectively, and section 15 of chapter 288, Statutes of Nevada 1999, at page 1197, as amended by section 29.6 of chapter 435, Statutes of Nevada 1999, at page 2045, are hereby amended to read respectively as follows:

Sec. 5. NRS 176.135 is hereby amended to read as follows:

176.135 1. Except as otherwise provided in this section [,] and section 3 of this act, the division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of a felony.

2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:

(a) Must be made before the imposition of sentence or the granting of probation; and

(b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.

3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:

(a) A sentence is fixed by a jury; or

(b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

4. Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.

Sec. 6. NRS 176.145 is hereby amended to read as follows:

176.145 1. The report of [the] any presentence investigation must contain:

(a) Any prior criminal record of the defendant;

(b) [Such information about his characteristics,] Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of [the offense, as] his offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

(c) Information concerning the effect that the [crime] offense committed by the defendant has had upon the victim, including, [but not limited to,] without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;

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(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;

(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant to that section;

(g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;

(h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;

(i) A written report of the results of a psychosexual evaluation of the defendant, if such an evaluation is required pursuant to NRS 176.139; and

(j) Such other information as may be required by the court.

2. The division may include in the report [such] any additional information [as] that it believes [will] may be helpful in imposing a sentence, in granting probation or in correctional treatment.

Sec. 9. NRS 176.335 is hereby amended to read as follows:

176.335 1. If a judgment is for imprisonment in the state prison, the sheriff of the county shall, on receipt of the triplicate certified copies of the judgment of conviction, immediately notify the director of the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.

2. When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to the authorized person two of the certified copies of the judgment of conviction and a copy of the report of the presentence investigation or general investigation, as appropriate, if required pursuant to NRS 176.159, and take from the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of the judgment of conviction, showing his proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.

3. The term of imprisonment designated in the judgment of conviction must begin on the date of sentence of the prisoner by the court.

4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment of conviction to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy must be filed with the county clerk. The return must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.

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ê2001 Statutes of Nevada, Page 79 (Chapter 10, SB 29)ê

Sec. 15. 1. This section and sections 1 to [11, inclusive, and] 8, inclusive, 10, 11, 13 and 14 of this act become effective on October 1, 1999.

2. Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1999.

3. Section 11 of this act expires by limitation on June 30, 2001.

Sec. 66. Sections 9 and 20 of chapter 291, Statutes of Nevada 1999, at pages 1212 and 1221, respectively, are hereby amended to read respectively as follows:

Sec. 9. NRS 459.3816 is hereby amended to read as follows:

459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:

	Number Assigned
	by Chemical	Quantity
Chemical Name of Substance	Abstract Service	(In pounds)

Acetaldehyde	75-07-0	2500
Acrolein (2-Propenal)	107-02-8	150
Acrylyl Chloride	814-68-6	250
Allyl Chloride	107-05-1	1000
Allylamine	107-11-9	1000
Alkylaluminums	None	5000
Ammonia, Anhydrous	7664-41-7	5000
Ammonia solutions (concentration greater than 44% ammonia by weight)	7664-41-7	10000
Ammonium Perchlorate	7790-98-9	7500
Ammonium Permanganate	7787-36-2	7500
Arsine (also called Arsenic Hydride)	7784-42-1	100
Bis (Chloromethyl) Ether	542-88-1	100
Boron Trichloride	10294-34-5	2500
Boron Trifluoride	7637-07-2	250
Bromine	7726-95-6	1500
Bromine Chloride	13863-41-7	1500
Bromine Pentafluoride	7789-30-2	2500
Bromine Trifluoride	7787-71-5	15000
3-Bromopropyne (also called Propargyl Bromide)	106-96-7	100
Butyl Hydroperoxide (Tertiary)	75-91-2	5000
Butyl Perbenzoate (Tertiary)	614-45-9	7500
Carbonyl Chloride (see Phosgene)	75-44-5	100
Carbonyl Fluoride	353-50-4	2500
Cellulose Nitrate (concentration greater than 12.6% Nitrogen)	9004-70-0	2500
Chlorine	7782-50-5	1500
Chlorine Dioxide	10049-04-4	1000
Chlorine Pentafluoride	13637-63-3	1000
Chlorine Trifluoride	7790-91-2	1000

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ê2001 Statutes of Nevada, Page 80 (Chapter 10, SB 29)ê

Chlorodiethylaluminum (also called Diethylaluminum Chloride)	96-10-6	5000
1-Chloro-2,4-Dinitrobenzene	97-00-7	5000
Chloromethyl Methyl Ether	107-30-2	500
Chloropicrin	76-06-2	500
Chloropicrin and Methyl Bromide mixture	None	1500
Chloropicrin and Methyl Chloride mixture	None	1500
Cumene Hydroperoxide	80-15-9	5000
Cyanogen	460-19-5	2500
Cyanogen Chloride	506-77-4	500
Cyanuric Fluoride	675-14-9	100
Diacetyl Peroxide (concentration greater than 70%)	110-22-5	5000
Diazomethane	334-88-3	500
Dibenzoyl Peroxide	94-36-0	7500
Diborane	19287-45-7	100
Dibutyl Peroxide (Tertiary)	110-05-4	5000
Dichloro Acetylene	7572-29-4	250
Dichlorosilane	4109-96-0	2500
Diethylzinc	557-20-0	10000
Diisopropyl Peroxydicarbonate	105-64-6	7500
Dilauroyl Peroxide	105-74-8	7500
Dimethyl Sulfide	75-18-3	100
Dimethyldichlorosilane	75-78-5	1000
Dimethylhydrazine, 1.1-	57-14-7	1000
Dimethylamine, Anhydrous	124-40-3	2500
2, 4 Dinitroaniline	97-02-9	5000
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration greater than 60%)	1338-23-4	5000
Ethyl Nitrite	109-95-5	5000
Ethylamine	75-04-7	7500
Ethylene Fluorohydrin	371-62-0	100
Ethylene Oxide	75-21-8	5000
Ethyleneimine	151-56-4	1000
Fluorine	7782-41-4	100
Formaldehyde (concentration 37% or greater by weight)	50-00-0	1000
Furan	110-00-9	500
Hexafluoroacetone	684-16-2	5000
Hydrochloric Acid, Anhydrous	7647-01-0	5000
Hydrofluoric Acid, Anhydrous	7664-39-3	1000
Hydrogen Bromide	10035-10-6	5000
Hydrogen Chloride	7647-01-0	5000
Hydrogen Cyanide, Anhydrous	74-90-8	1000
Hydrogen Fluoride	7664-39-3	1000
Hydrogen Peroxide (concentration 52% or greater by weight)	7722-84-1	7500
Hydrogen Selenide	7783-07-5	150
Hydrogen Sulfide	7783-06-4	1500

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ê2001 Statutes of Nevada, Page 81 (Chapter 10, SB 29)ê

Hydroxylamine	7803-49-8	2500
Iron, Pentacarbonyl-	13463-40-6	250
Isopropyl Formate	625-55-8	500
Isopropylamine	75-31-0	5000
Ketene	463-51-4	100
Methacrylaldehyde	78-85-3	1000
Methacryloyl Chloride	920-46-7	150
Methacryloyloxyethyl Isocyanate	30674-80-7	100
Methyl Acrylonitrile	126-98-7	250
Methylamine, Anhydrous	74-89-5	1000
Methyl Bromide	74-83-9	2500
Methyl Chloride	74-87-3	15000
Methyl Chloroformate	79-22-1	500
Methyl Disulfide	624-92-0	100
Methyl Ethyl Ketone Peroxide [(concentration] (also Ethyl Methyl Ketone Peroxide; concentration greater than 60%)	1338-23-4	5000
Methyl Fluoroacetate	453-18-9	100
Methyl Fluorosulfate	421-20-5	100
Methyl Hydrazine	60-34-4	100
Methyl Iodide	74-88-4	7500
Methyl Isocyanate	624-83-9	250
Methyl Mercaptan	74-93-1	5000
Methyl Vinyl Ketone	78-94-4	100
Methyltrichlorosilane	75-79-6	500
Nickel Carbonyl (Nickel Tetracarbonyl)	13463-39-3	150
Nitric Acid (concentration 94.5% or greater by weight)	7697-37-2	500
Nitric Oxide	10102-43-9	250
Nitroaniline (para Nitroaniline)	100-01-6	5000
Nitromethane	75-52-5	2500
Nitrogen Dioxide	10102-44-0	250
Nitrogen Oxides (NO; NO2; N2O4; N2O3)	10102-44-0	250
Nitrogen Tetroxide (also called Nitrogen Peroxide)	10544-72-6	250
Nitrogen Trifluoride	7783-54-2	5000
Nitrogen Trioxide	10544-73-7	250
Oleum (65% or greater by weight of sulfur trioxide; also called Fuming Sulfuric Acid)	8014-95-7	1000
Osmium Tetroxide	20816-12-0	100
Oxygen Difluoride (Fluorine Monoxide)	7783-41-7	100
Ozone	10028-15-6	100
Pentaborane	19624-22-7	100
Peracetic Acid (concentration greater than 60% Acetic Acid; also called Peroxyacetic Acid)	79-21-0	1000
Perchloric Acid (concentration greater than 60% by weight)	7601-90-3	5000

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ê2001 Statutes of Nevada, Page 82 (Chapter 10, SB 29)ê

Perchloromethyl Mercaptan	594-42-3	150
Perchloryl Fluoride	7616-94-6	5000
Peroxyacetic Acid (concentration greater than 60% Acetic Acid; also called Peracetic Acid)	79-21-0	1000
Phosgene (also called Carbonyl Chloride)	75-44-5	100
Phosphine (Hydrogen Phosphide)	7803-51-2	100
Phosphorus Oxychloride (also called Phosphoryl Chloride)	10025-87-3	1000
Phosphorus Trichloride	7719-12-2	1000
Phosphoryl Chloride (also called Phosphorus Oxychloride)	10025-87-3	1000
Propargyl Bromide (also called 3-Bromopropyne)	106-96-7	100
Propyl Nitrate	627-13-4	100
Sarin	107-44-8	100
Selenium Hexafluoride	7783-79-1	1000
Stibine (Antimony Hydride)	7803-52-3	500
Sulfur Dioxide (liquid)	7446-09-5	1000
Sulfur Pentafluoride	5714-22-7	250
Sulfur Tetrafluoride	7783-60-0	250
Sulfur Trioxide (also called Sulfuric Anhydride)	7446-11-9	1000
Sulfuric Anhydride (also called Sulfur Trioxide)	7446-11-9	1000
Tellurium Hexafluoride	7783-80-4	250
Tetrafluoroethylene	116-14-3	5000
Tetrafluorohydrazine	10036-47-2	5000
Tetramethyl Lead	75-74-1	1000
Thionyl Chloride	7719-09-7	250