κ2001 Statutes of Nevada, Page 1141 (Chapter 258, SB 546)κ
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
3. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 2:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
4. Except as otherwise provided in subsection 5, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.
5. If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
6. The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
7. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims household.
(b) Sexual offense means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to NRS 201.450;
κ2001 Statutes of Nevada, Page 1142 (Chapter 258, SB 546)κ
(11) Annoyance or molestation of a minor pursuant to NRS 207.260;
(12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
(13) An attempt to commit an offense listed in this paragraph.
Sec. 4. NRS 213.1255 is hereby amended to read as follows:
213.1255 1. In addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years, the board shall, when appropriate:
(a) Require the parolee to participate in psychological counseling;
(b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and
(c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.
2. The provisions of subsection 1 apply to a prisoner who was convicted of:
(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;
(b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;
(c) An offense punishable pursuant to subsection 2 of NRS 200.750;
(d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;
(e) Lewdness with a child pursuant to NRS 201.230; or
(f) Any combination of the crimes listed in paragraphs (a) to (e), inclusive.
Sec. 5. 1. Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses committed before October 1, 2001.
2. The amendatory provisions of this act apply to offenses committed before October 1, 2001, for the purposes of determining whether a person is subject to the provisions of subparagraph (2) of paragraph (b) of subsection 1 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, as amended by this act.
________
κ2001 Statutes of Nevada, Page 1143κ
Senate Bill No. 560Committee on Government Affairs
CHAPTER 259
AN ACT relating to public works; requiring the attorney general to prosecute persons who violate certain provisions relating to employment of workmen on a public work; increasing the period within which a person may not be awarded a contract for a public work after being assessed an administrative penalty for committing an offense; revising the provisions governing the determination of the prevailing wages in a county; revising the provisions establishing which workmen are employed on a public work and subject to the provisions governing prevailing wages; clarifying the duties of public bodies to investigate possible violations of certain provisions governing employment on a public work; requiring contractors and subcontractors to submit certain records concerning his workmen to a public body within a certain period; providing that a failure to maintain and provide such records within such period constitutes an offense which may subject the contractor or subcontractor to administrative penalties and civil liability; providing that a violation of certain regulations is a misdemeanor; changing monetary limits of certain penalties and fines; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 30, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
4. Design professional means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.
5. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.
κ2001 Statutes of Nevada, Page 1144 (Chapter 259, SB 560)κ
6. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
7. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; [or]
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS [.] ; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
8. Prime contractor means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
9. Public body means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
10. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000.
Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
11. Specialty contractor means a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
κ2001 Statutes of Nevada, Page 1145 (Chapter 259, SB 560)κ
12. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
13. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
14. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.
Sec. 2. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.
3. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
4. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; [or]
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS [.] ; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
5. Prime contractor means a person who:
(a) Contracts to complete an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
κ2001 Statutes of Nevada, Page 1146 (Chapter 259, SB 560)κ
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
6. Public body means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
7. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) Any other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
8. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
9. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional as that term is defined in NRS 338.155.
Sec. 3. NRS 338.015 is hereby amended to read as follows:
338.015 1. The labor commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive. When informed of [violations thereof,] a violation of NRS 338.010 to 338.130, inclusive, the labor commissioner may hold hearings on and assess [fines for violations] a fine of not more than $5,000 for each violation of those provisions and shall report [those] all violations to the [district attorney of the county in which the violations occurred.] attorney general.
2. The labor commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the fine to be assessed pursuant to subsection 1.
3. The [district] attorney general shall prosecute the violator in accordance with law.
Sec. 4. NRS 338.017 is hereby amended to read as follows:
338.017 If any administrative penalty is imposed against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:
κ2001 Statutes of Nevada, Page 1147 (Chapter 259, SB 560)κ
1. For the first offense, for a period of [2] 3 years after the date of the imposition of the administrative penalty; and
2. For the second or subsequent offense for a period of [3] 5 years after the date of the imposition of the administrative penalty.
Sec. 5. NRS 338.030 is hereby amended to read as follows:
338.030 1. The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the labor commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.
2. To establish a prevailing wage in each county, including Carson City, the labor commissioner shall, annually, survey contractors who have performed work in the county. Within 30 days after the determination is issued [, any] :
(a) A public body or [any] person entitled under subsection 5 to be heard may submit an objection to the labor commissioner with evidence to substantiate that a different wage prevails [.] ; and
(b) Any person may submit information to the labor commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any county.
3. The labor commissioner shall hold a hearing in the locality in which the work is to be executed if he:
(a) Is in doubt as to the prevailing wage; or
(b) [Receives information from any person which would change the prevailing wage of a craft or a type of work by 50 cents or more per hour in any county; or
(c)] Receives an objection or information pursuant to subsection 2.
The labor commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.
4. Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the time of the hearing.
5. At the hearing, any public body, the crafts affiliated with the state federation of labor or other recognized national labor organizations , and the contractors of the locality or their representatives must be heard. From the evidence presented , the labor commissioner shall determine the prevailing wage.
6. The wages so determined must be filed by the labor commissioner, and must be available to any public body which awards a contract for any public work.
7. Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any political subdivision of the State of Nevada.
Sec. 6. NRS 338.040 is hereby amended to read as follows:
338.040 [Workmen employed by contractors or subcontractors or by public bodies at the site of]
1. Except as otherwise provided by specific statute, workmen who are:
(a) Employed at the site of the public work ; and [necessary]
(b) Necessary in the execution of [any] the contract for the public [works] work,
are deemed to be employed on public works.
κ2001 Statutes of Nevada, Page 1148 (Chapter 259, SB 560)κ
2. The labor commissioner shall adopt regulations to define the circumstances under which a workman is:
(a) Employed at the site of a public work; and
(b) Necessary in the execution of the contract for the public work.
Sec. 7. NRS 338.050 is hereby amended to read as follows:
338.050 For the purpose of NRS 338.010 to 338.090, inclusive, except as otherwise provided by specific statute, every workman [employed by a contractor or subcontractor on] who performs work for a public work covered by a contract therefor [shall be] is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, regardless of any contractual relationship alleged to exist between [the contractor and subcontractor and] such workman [.] and his employer.
Sec. 8. NRS 338.060 is hereby amended to read as follows:
338.060 1. A contractor engaged on public works shall forfeit, as a penalty to the public body in behalf of which the contract has been made and awarded to the contractor, not less than [$10] $20 nor more than [$25] $50 for each calendar day or portion thereof that each workman employed on the public work:
(a) Is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor under him.
(b) Is not reported to the [labor commissioner and the] public body awarding the contract as required pursuant to NRS 338.070.
The public body awarding the contract shall cause a stipulation to this effect to be inserted in the contract.
2. The labor commissioner shall, by regulation, establish a sliding scale based on the size of the contractors business to determine the amount of the penalty to be imposed pursuant to subsection 1.
3. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the labor commissioner.
Sec. 9. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body and its officers or agents awarding a contract shall:
(a) [Take cognizance of complaints of] Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract [;] and determine whether a violation has been committed and inform the labor commissioner of any such violations; and
(b) When making payments to the contractor of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.
2. No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.
3. It is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
4. The contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, the occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.
κ2001 Statutes of Nevada, Page 1149 (Chapter 259, SB 560)κ
diem, wages and benefits paid to each workman employed by him in connection with the public work.
5. The record must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. [A] The contractor or subcontractor shall ensure that a copy of the record for each calendar month [must be sent to the labor commissioner and] is received by the public body awarding the contract no later than [1 week] 10 days after the end of the month. The copy must be open to public inspection as provided in NRS 239.010. The record in the possession of the public body awarding the contract may be discarded by the public body [1 year] 2 years after final payment is made by the public body for the public work.
6. Any contractor or subcontractor, or agent or representative thereof, [doing] performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 10. NRS 338.090 is hereby amended to read as follows:
338.090 1. Any person, including the officers, agents or employees of a public body, who violates any of the provisions of NRS 338.010 to 338.080, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. The labor commissioner, in addition to any other penalty provided in this chapter:
(a) Shall assess a person who, after a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages he actually paid; and
(b) May in addition impose an administrative fine not to exceed the costs he incurred to investigate and prosecute the matter.
Sec. 11. The amendatory provisions of this act do not apply to offenses or violations that are committed before July 1, 2001.
Sec. 12. 1. This section and sections 3 to 11, inclusive, of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective on July 1, 2001, and expires by limitation on October 1, 2003.
3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2003.
________
κ2001 Statutes of Nevada, Page 1150κ
Assembly Bill No. 264Assemblymen Buckley, Tiffany, Parks, Manendo, Koivisto, Giunchigliani, Anderson, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Lee, Marvel, McClain, Mortenson, Neighbors, Oceguera, Parnell, Perkins, Price, Smith, and Von Tobel
CHAPTER 260
AN ACT relating to children; revising provisions governing the duty of certain persons to report the abuse or neglect of children; authorizing a county to adopt ordinances regarding the designation and operation of approved youth shelters; providing that approved youth shelters are immune from civil liability under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 30, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides protective services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides protective services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. A report must be made pursuant to subsection 1 by the following persons:
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
κ2001 Statutes of Nevada, Page 1151 (Chapter 260, AB 264)κ
notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; [and]
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met [.] ; and
(k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, approved youth shelter has the meaning ascribed to it in section 4 of this act.
4. A report may be made by any other person.
5. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.
Sec. 3. As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Approved youth shelter means a youth shelter that has been designated as approved by a county pursuant to an ordinance adopted pursuant to section 9 of this act.
Sec. 5. Necessary services means:
1. Food and access to overnight shelter.
2. Counseling to address immediate emotional crises or problems.
3. Outreach services to locate and assist runaway or homeless youths.
4. Screening for basic health needs and referrals to public and private agencies for health care.
5. Referrals to assistance and services offered by public and private agencies.
6. Long-term planning, placement and follow-up services.
Sec. 6. Runaway or homeless youth means a youth who is:
1. Without a place of shelter where supervision and care are available; or
κ2001 Statutes of Nevada, Page 1152 (Chapter 260, AB 264)κ
2. Absent from his legal residence without the consent of his parent, guardian or custodian.
Sec. 7. Youth means a child who is:
1. Twelve years of age or older;
2. Unemancipated; and
3. Mentally competent.
Sec. 8. Youth shelter means an entity which is not operated for profit and which provides, at a minimum, necessary services to runaway or homeless youths who qualify for such services.
Sec. 9. 1. The board of county commissioners of any county may provide by ordinance for the designation of a youth shelter operated within the county as an approved youth shelter.
2. If a board of county commissioners has adopted an ordinance pursuant to subsection 1, a youth shelter that is located in that county and seeking to be designated as an approved youth shelter may apply to the board of county commissioners for such a designation.
3. An ordinance adopted by a board of county commissioners pursuant to subsection 1 must:
(a) Prescribe the requirements for designation of a youth shelter as an approved youth shelter, including, without limitation:
(1) A requirement that the youth shelter provide necessary services;
(2) The form and manner of the application for designation or renewal of a designation as an approved youth shelter;
(3) An application fee in an amount not to exceed the actual cost to the county for reviewing the application; and
(4) A requirement that an applicant must comply with the provisions of an ordinance adopted pursuant to this section and with all applicable federal, state and local laws and ordinances pertaining to shelters for the homeless.
(b) Provide for reasonable inspections of an approved youth shelter to confirm that the youth shelter is complying with the provisions of an ordinance adopted to carry out the provisions of this section.
(c) Provide for the revocation of a designation as an approved youth shelter for failure to comply with the provisions of an ordinance adopted to carry out the provisions of this section.
(d) Require an approved youth shelter to conduct an interview to determine whether a youth is a runaway or homeless youth and is qualified to receive the necessary services of the approved youth shelter.
(e) Upon admission of a runaway or homeless youth to a shelter, require:
(1) The notification of the parent, guardian or custodian of the runaway or homeless youth concerning the whereabouts of the runaway or homeless youth as soon as practicable, except in circumstances of suspected abuse or neglect;
(2) The notification of state and local law enforcement agencies concerning the whereabouts of the runaway or homeless youth; and
(3) A licensed professional to perform an evaluation of the youth to determine:
(I) The reasons why the youth is a runaway or homeless youth;
(II) Whether the youth is a victim of abuse or neglect; and
(III) Whether the youth needs immediate medical care or counseling.
κ2001 Statutes of Nevada, Page 1153 (Chapter 260, AB 264)κ
(f) Require an approved youth shelter to return or facilitate the return of a runaway or homeless youth to the parent, guardian or custodian who was notified of the whereabouts of the runaway or homeless youth pursuant to subparagraph (1) of paragraph (e) if the parent, guardian or custodian so requests.
(g) Provide for the liability of a parent, guardian or custodian of a runaway or homeless youth for any expenses or costs incurred by the approved youth shelter for providing services to the runaway or homeless youth only if the services of the shelter were obtained through fraud or misrepresentation.
(h) Require the information or records obtained by an approved youth shelter to remain confidential, unless the use or disclosure of the information or records is necessary to:
(1) Locate a parent, guardian or custodian of a runaway or homeless youth;
(2) Comply with the duty to report abuse or neglect of a child pursuant to NRS 432B.220;
(3) Notify state and local law enforcement agencies or the clearinghouse; or
(4) Seek appropriate assistance for a runaway or homeless youth from public and private agencies.
4. In a county where the board of county commissioners has adopted an ordinance pursuant to subsection 1, the board of county commissioners may establish, by ordinance, other regulations as are necessary to carry out the provisions of this section.
5. As used in this section:
(a) Abuse or neglect means abuse or neglect of a child as defined in NRS 432B.020.
(b) Clearinghouse has the meaning ascribed to it in NRS 432.150.
(c) Licensed professional includes, without limitation:
(1) A social worker;
(2) A registered nurse;
(3) A physician;
(4) A psychologist;
(5) A teacher; or
(6) Any other class of persons who are identified in an ordinance adopted by a county who hold a professional license in this state and who are trained to recognize indications of abuse or neglect.
Sec. 10. If a county designates a youth shelter as an approved youth shelter pursuant to an ordinance adopted pursuant to section 9 of this act, the approved youth shelter and its director, employees, agents or volunteers are immune from civil liability based upon any act or failure to act while admitting, releasing or caring for a runaway or homeless youth, unless the act or failure to act was the result of the gross negligence or intentional or reckless misconduct of the approved youth shelter or its director, employees, agents or volunteers.
________
κ2001 Statutes of Nevada, Page 1154κ
Assembly Bill No. 547Committee on Judiciary
CHAPTER 261
AN ACT relating to securities; making various changes to provisions governing securities; making various changes to provisions governing the authority of the administrator of the securities division of the office of the secretary of state in licensing matters; and providing other matters properly relating thereto.
[Approved: May 30, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 90.350 is hereby amended to read as follows:
90.350 1. An applicant for licensing as a broker-dealer, sales representative, investment adviser or representative of an investment adviser must file with the administrator an application for licensing and a consent to service of process pursuant to NRS 90.770 and pay the fee required by NRS 90.360. The application for licensing must contain the social security number of the applicant and any other information the administrator determines by regulation to be necessary and appropriate to facilitate the administration of this chapter.
2. The requirements of subsection 1 are satisfied by an applicant who has filed and maintains a completed and current registration with the Securities and Exchange Commission or a self-regulatory organization if the information contained in that registration is readily available to the administrator through [a central depository system approved by him.] the central registration depository or another depository for registrations that has been approved by the administrator by regulation or order. Such an applicant must also file a notice with the administrator in the form and content determined by the administrator by regulation and a consent to service of process pursuant to NRS 90.770 and the fee required by NRS 90.360. The administrator, by order, may require the submission of additional information by an applicant.
3. As used in this section, central registration depository means the Central Registration Depository of the National Association of Securities Dealers, Inc., or its successor, and the North American Securities Administrators Association or its successor.
Sec. 2. NRS 90.380 is hereby amended to read as follows:
90.380 1. Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 and 90.375 have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The administrator may [by order] authorize an earlier effective date of licensing.
2. The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser is effective until terminated by revocation, suspension, expiration or withdrawal.
κ2001 Statutes of Nevada, Page 1155 (Chapter 261, AB 547)κ
3. The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.
4. A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the administrator by regulation or order authorizes multiple licenses.
5. If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly notify the administrator.
6. The administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative, investment adviser or representative of an investment adviser to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.
7. The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser expires if:
(a) The statement required pursuant to NRS 90.375 is not submitted when it is due; or
(b) The annual fee required by NRS 90.360 is not paid when it is due.
8. A license that has expired may be reinstated retroactively if the licensed person:
(a) Submits the statement required pursuant to NRS 90.375; and
(b) Pays the fee required by NRS 90.360, plus a fee for reinstatement in the amount of $25,
within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.
Sec. 3. NRS 90.420 is hereby amended to read as follows:
90.420 1. The administrator by order may deny, suspend or revoke any license, fine any licensed person , [or essential employee,] limit the activities governed by this chapter that an applicant [,] or licensed person [or essential employee] may perform in this state, bar an applicant [,] or licensed person [or essential employee] from association with a licensed broker-dealer or investment adviser or bar from employment with a licensed broker-dealer or investment adviser a person who is a partner, officer, director, sales representative, investment adviser or representative of an investment adviser, or a person occupying a similar status or performing a similar function for an applicant or licensed person, if the administrator finds that the order is in the public interest and that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director, sales representative, investment adviser, representative of an investment adviser , or person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser:
(a) Has filed an application for licensing with the administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
κ2001 Statutes of Nevada, Page 1156 (Chapter 261, AB 547)κ
(b) Has violated or failed to comply with a provision of this chapter as now or formerly in effect or a regulation or order adopted or issued under this chapter;
(c) Is the subject of an adjudication or determination after notice and opportunity for hearing, within the last 5 years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act or the securities law of any other state, but only if the acts constituting the violation of that states law would constitute a violation of this chapter had the acts taken place in this state;
(d) Within the last 10 years has been convicted of a felony or misdemeanor which the administrator finds:
(1) Involves the purchase or sale of a security, taking a false oath, making a false report, bribery, perjury, burglary, robbery or conspiracy to commit any of the foregoing offenses;
(2) Arises out of the conduct of business as a broker-dealer, investment adviser, depository institution, insurance company or fiduciary; or
(3) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion or misappropriation of money or securities or conspiracy to commit any of the foregoing offenses;
(e) Is or has been permanently or temporarily enjoined by any court of competent jurisdiction, unless the order has been vacated, from acting as an investment adviser, representative of an investment adviser, underwriter, broker-dealer or as an affiliated person or employee of an investment company, depository institution or insurance company or from engaging in or continuing any conduct or practice in connection with any of the foregoing activities or in connection with the purchase or sale of a security;
(f) Is or has been the subject of an order of the administrator, unless the order has been vacated, denying, suspending or revoking his license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser;
(g) Is or has been the subject of any of the following orders which were issued within the last 5 years, unless the order has been vacated:
(1) An order by the securities agency or administrator of another state, Canadian province or territory or by the Securities and Exchange Commission or a comparable regulatory agency of another country, entered after notice and opportunity for hearing, denying, suspending or revoking the persons license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser;
(2) A suspension or expulsion from membership in or association with a member of a self-regulatory organization;
(3) An order of the United States Postal Service relating to fraud;
(4) An order to cease and desist entered after notice and opportunity for hearing by the administrator, the securities agency or administrator of another state, Canadian province or territory, the Securities and Exchange Commission or a comparable regulatory agency of another country, or the Commodity Futures Trading Commission; or
(5) An order by the Commodity Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act;
κ2001 Statutes of Nevada, Page 1157 (Chapter 261, AB 547)κ
(h) Has engaged in unethical or dishonest practices in the securities business;
(i) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the administrator may not enter an order against a broker-dealer or investment adviser under this [subparagraph] paragraph without a finding of insolvency as to the broker-dealer or investment adviser;
(j) Is determined by the administrator in compliance with NRS 90.430 not to be qualified on the basis of lack of training, experience and knowledge of the securities business; or
(k) Has failed reasonably to supervise a sales representative [or employee.] , employee or representative of an investment adviser.
2. The administrator may not institute a proceeding on the basis of a fact or transaction known to the director when the license became effective unless the proceeding is instituted within 90 days after issuance of the license.
3. If the administrator finds that an applicant or licensed person is no longer in existence or has ceased to do business as a broker-dealer, sales representative, investment adviser or representative of an investment adviser or is adjudicated mentally incompetent or subjected to the control of a committee, conservator or guardian or cannot be located after reasonable search, the administrator may by order deny the application or revoke the license.
[4. As used in this section, essential employee means a person performing the function of a representative of an investment adviser or sales representative, or a similar function, for a licensed person. The term does not include an investment adviser, sales representative or representative of an investment adviser who holds a license or registration issued in accordance with the provisions of this chapter.]
Sec. 4. NRS 90.440 is hereby amended to read as follows:
90.440 1. An application for a license may be withdrawn by the applicant without prejudice before the license becomes effective.
2. Withdrawal from licensing as a broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after receipt by the administrator of an application to withdraw or within such shorter period as the administrator determines, unless:
(a) A proceeding to revoke or suspend is pending when the application is filed;
(b) A proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the application is filed; or
(c) Additional information is requested by the administrator regarding the application.
3. If a proceeding is pending or instituted under subsection 2, withdrawal becomes effective at the time and upon the conditions the administrator by order determines. If additional information is requested, withdrawal is effective 30 days after the additional information is filed. Although no proceeding is pending or instituted and withdrawal becomes effective, the administrator may institute a proceeding pursuant to NRS 90.420 within [1 year] 2 years after withdrawal became effective and enter an order as of the last date on which licensing was effective.
κ2001 Statutes of Nevada, Page 1158 (Chapter 261, AB 547)κ
Sec. 5. NRS 90.620 is hereby amended to read as follows:
90.620 1. The administrator may make an investigation, within or outside of this state, as he finds necessary to determine whether a person has violated or is about to violate this chapter or any regulation or order of the administrator under this chapter or to aid in enforcement of this chapter.
2. Except as otherwise provided in subsection 4 of NRS 90.730, the administrator may publish information concerning a violation of this chapter or a regulation or order of the administrator under this chapter or concerning types of securities or acts or practices in the offer, sale or purchase of types of securities which may operate as a fraud or deceit.
3. For the purposes of an investigation or proceeding under this chapter the administrator or any officer or employee designated by the administrator by regulation , [or] order or written direction may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses, compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the administrator determines to be relevant or material to the investigation or proceeding. A person whom the administrator does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he is required by subpoena to produce. The administrator may require or permit a person to file a statement, under oath or otherwise as the administrator determines, as to the facts and circumstances concerning the matter to be investigated.
4. If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the administrator may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state.
5. If a person does not testify or produce the documents required by the administrator or a designated officer or employee pursuant to subpoena, the administrator or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:
(a) The district court in and for the county where service may be obtained on the person refusing to testify or produce, if the person is subject to service of process in this state; or
(b) A court of another state having jurisdiction over the person refusing to testify or produce, if the person is not subject to service of process in this state.
6. Not later than the time the administrator requests an order for compliance, the administrator shall either send notice of the request by registered or certified mail, return receipt requested, to the respondent at the last known address or take other steps reasonably calculated to give the respondent actual notice.
Sec. 6. NRS 90.830 is hereby amended to read as follows:
90.830 1. NRS 90.310, 90.330, 90.460, 90.570, 90.580, 90.610 and 90.660 apply to a person who sells or offers to sell a security or investment advisory service if:
(a) An offer to sell is made in this state; or
(b) An offer to purchase is made and accepted in this state.
κ2001 Statutes of Nevada, Page 1159 (Chapter 261, AB 547)κ
2. NRS 90.310, 90.330, 90.570, 90.580 and 90.610 apply to a person who purchases or offers to purchase a security [or investment advisory service] if:
(a) An offer to purchase is made in this state; or
(b) An offer to sell is made and accepted in this state.
3. For the purpose of this section, an offer to sell or to purchase is made in this state, whether or not either party is present in this state, if the offer:
(a) Originates in this state; or
(b) Is directed by the offeror to a destination in this state and received where it is directed, or at a post office in this state if the offer is mailed.
4. For the purpose of this section, an offer to purchase or to sell is accepted in this state if acceptance:
(a) Is communicated to the offeror in this state; and
(b) Has not previously been communicated to the offeror, orally or in writing, outside this state.
Acceptance is communicated to the offeror in this state, whether or not either party is present in this state, if the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received where it is directed, or at any post office in this state if the acceptance is mailed.
5. For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a newspaper or other publication of general, regular and paid circulation is not made in this state if the publication:
(a) Is not published in this state; or
(b) Is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months.
6. For the purpose of subsection 5, if a publication is published in editions, each edition is a separate publication except for material common to all editions.
7. For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a radio or television program or other electronic communication received in this state which originates outside this state is not made in this state.
8. For the purpose of subsection 7, a radio or television program or other electronic communication is considered as having originated in this state if either the broadcast studio or originating source of transmission is located within the state, unless:
(a) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;
(b) The program is supplied by a radio, television or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state;
(c) The program or communication is an electronic signal that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or
(d) The program or communication consists of an electronic signal which originates within this state, but which is not intended for redistribution to the general public in this state.
Sec. 7. Sections 1 and 2 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
κ2001 Statutes of Nevada, Page 1160 (Chapter 261, AB 547)κ
restrict the use of professional, occupational and recreational licenses of persons who:
1. Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
2. Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
________
Senate Bill No. 519Committee on Finance
CHAPTER 262
AN ACT relating to offenders; providing that certain prisoners may be assigned to the custody of the division of parole and probation of the department of motor vehicles and public safety to participate in a program for re-entry into the community; providing that certain parolees may be ordered to participate in a program for re-entry into the community; revising the provisions regarding the sealing of records; and providing other matters properly relating thereto.
[Approved: May 30, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Division means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 4. Program means a program for re-entry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.
Sec. 5. Re-entry court means the court in a judicial district that has established a program.
Sec. 6. 1. A judicial district may establish a program for re-entry of offenders and parolees into the community pursuant to this section.
2. If a judicial district establishes a program pursuant to this section, the re-entry court shall:
(a) Determine whether offenders who are referred by the director pursuant to section 7 of this act should be assigned to the custody of the division to participate in a program.
(b) Determine whether parolees who are referred by the chairman of the state board of parole commissioners pursuant to section 19 of this act should be ordered by the board to participate in a program as a condition of their parole.
(c) Supervise offenders and parolees participating in the program during their participation in the program.
3. An offender may not be assigned to the custody of the division to participate in a program unless the re-entry court grants prior approval of the assignment pursuant to this section.
κ2001 Statutes of Nevada, Page 1161 (Chapter 262, SB 519)κ
4. Except as otherwise provided in section 19 of this act, a parolee may not participate in a program as a condition of his parole unless the re-entry court grants prior approval for his participation pursuant to this section.
Sec. 7. 1. Except as otherwise provided in this section, if a program has been established in the judicial district in which an offender was sentenced to imprisonment, the director may, after consulting with the division, refer the offender to the re-entry court if:
(a) The director believes that the offender would participate successfully in and benefit from the program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime; and
(c) The offender is within 2 years of his probable release from prison, as determined by the director.
2. Except as otherwise provided in this section, if the director is notified by the re-entry court pursuant to section 6 of this act that an offender should be assigned to the custody of the division to participate in the program, the director shall assign the offender to the custody of the division to participate in the program for not longer than the remainder of his sentence.
3. The director shall, by regulation, adopt standards setting forth which offenders are eligible to be assigned to the custody of the division to participate in the program pursuant to this section. The standards adopted by the director must be approved by the board and must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has, within the immediately preceding 5 years, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense;
(e) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division pursuant to this section to participate in a program.
4. The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse the re-entry court, the division and the department for the cost of their participation in a program, to the extent of their ability to pay.
5. The re-entry court may return the offender to the custody of the department at any time for any violation of the terms and conditions imposed by the re-entry court.
κ2001 Statutes of Nevada, Page 1162 (Chapter 262, SB 519)κ
6. If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by the re-entry court and is returned to the custody of the department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the department, as determined by the director. The director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The director may restore credits so forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
7. The assignment of an offender to the custody of the division pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
8. An offender does not have a right to be assigned to the custody of the division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 8. 1. The director may, after consulting with the division, enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a program:
(a) Transitional housing;
(b) Treatment pertaining to substance abuse or mental health;
(c) Training in life skills;
(d) Vocational rehabilitation and job skills training; and
(e) Any other services required by offenders or parolees who are participating in a program.
2. The director shall, as necessary and appropriate, provide referrals and information regarding:
(a) Any of the services provided pursuant to subsection 1;
(b) Access and availability of any appropriate self-help groups;
(c) Social services for families and children; and
(d) Permanent housing.
3. The director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.
4. As used in this section, training in life skills includes, without limitation, training in the areas of:
(a) Parenting;
(b) Improving human relationships;
(c) Preventing domestic violence;
(d) Maintaining emotional and physical health;
(e) Preventing abuse of alcohol and drugs;
(f) Preparing for and obtaining employment; and
(g) Budgeting, consumerism and personal finances.
κ2001 Statutes of Nevada, Page 1163 (Chapter 262, SB 519)κ
Sec. 9. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.451, inclusive, unless the context otherwise requires:
1. Offender includes [a] :
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the division pursuant to section 7 of this act.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 10. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; [and]
(b) For the period he is in residential confinement [,] ; and
(c) For the period he is in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
κ2001 Statutes of Nevada, Page 1164 (Chapter 262, SB 519)κ
Sec. 11. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence; [and]
(b) For the period he is in residential confinement [,] ; and
(c) For the period he is in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 12. NRS 212.187 is hereby amended to read as follows:
212.187 1. A prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
κ2001 Statutes of Nevada, Page 1165 (Chapter 262, SB 519)κ
public safety pursuant to section 7 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, sexual conduct:
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with another persons clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 13. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 21, inclusive, of this act.
Sec. 14. As used in sections 14 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 15 to 18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 15. Board means the state board of parole commissioners.
Sec. 16. Division means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 17. Program means a program for re-entry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.
Sec. 18. Re-entry court means the court in a judicial district that has established a program.
Sec. 19. 1. Except as otherwise provided in this section, if a program has been established in the judicial district in which a prisoner or parolee may be paroled, the chairman of the board may, after consulting with the division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his parole to the re-entry court if the chairman believes that the person:
(a) Would participate successfully in and benefit from a program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime.
2. Except as otherwise provided in this section, if the chairman is notified by the re-entry court pursuant to section 6 of this act that a person should be ordered to participate in a program, the board may, in accordance with the provisions of this section:
(a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the program; or
(b) If the person is a parolee who has violated a term or condition of his parole, order him to participate in and complete the program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.
3. If a prisoner who has been assigned to the custody of the division to participate in a program pursuant to section 7 of this act is being considered for parole:
κ2001 Statutes of Nevada, Page 1166 (Chapter 262, SB 519)κ
(a) The board shall, if the board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the program.
(b) The board is not required to refer the prisoner to the re-entry court pursuant to subsection 1 or to obtain prior approval of the re-entry court pursuant to section 6 of this act for the prisoner to continue participating in the program while he is on parole.
4. In determining whether to order a person to participate in and complete a program pursuant to this section, the board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The board shall adopt regulations requiring persons who are ordered to participate in and complete a program pursuant to this section to reimburse the re-entry court and the division for the cost of their participation in a program, to the extent of their ability to pay.
6. The board shall not order a person to participate in a program if the time required to complete the program is longer than the unexpired maximum term of the persons original sentence.
Sec. 20. 1. If the re-entry court determines that a parolee has violated a term or condition of his participation in the program or a term or condition of his parole, the court may:
(a) Establish and impose any appropriate sanction for the violation; and
(b) If necessary, report the violation to the board.
2. If a violation of a term or condition of parole is reported to the board pursuant to this section, the board shall proceed in the manner provided in this chapter for any other violation of a term or condition of parole.
Sec. 21. The division shall supervise each person who is participating in a program pursuant to section 7 or 19 of this act.
Sec. 22. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 3 and 4, 5 years after an eligible person completes a program for re-entry, the court may order sealed all documents, papers and exhibits in the eligible persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court may order those records sealed without a hearing unless the division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
4. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D. 210.
(b) Eligible person means a person who has:
κ2001 Statutes of Nevada, Page 1167 (Chapter 262, SB 519)κ
(1) Successfully completed a program for re-entry to which he participated in pursuant to section 7 or 19 of this act; and
(2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.
(c) Program for re-entry means a program for re-entry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.
(d) Sexual offense has the meaning ascribed to it in paragraph (b) of subsection 6 of NRS 179.245.
Sec. 23. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS 453.3365, and section 22 of this act, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.
2. A petition filed pursuant to subsection 1 must be accompanied by current, verified records of the petitioners criminal history received from:
(a) The central repository for Nevada records of criminal history; and
(b) The local law enforcement agency of the city or county in which the conviction was entered.
3. Upon receiving a petition pursuant to this section, the court shall notify:
(a) The prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting attorney for the city.
The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California bureau of identification and [investigation bureau,] information, sheriffs offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
κ2001 Statutes of Nevada, Page 1168 (Chapter 262, SB 519)κ
5. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
6. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.210.
(b) Sexual offense [has the meaning ascribed to it in NRS 179D.210.] means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(13) Lewdness with a child pursuant to NRS 201.230.
(14) Sexual penetration of a dead human body pursuant to NRS 201.450.
(15) Annoyance or molestation of a minor pursuant to NRS 207.260.
(16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.
Sec. 24. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of a record pursuant to NRS 179.245, 179.255 or 453.3365, or section 22 of this act, a copy of the order must be sent to:
1. The central repository for Nevada records of criminal history; and
2. Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance, and shall then seal the order.
κ2001 Statutes of Nevada, Page 1169 (Chapter 262, SB 519)κ
Sec. 25. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301, if the court orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or section 22 of this act, all proceedings recounted in the record are deemed never to have occurred, and the person to whom it pertains may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.
Sec. 26. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 22 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.301, the court may not order the inspection of the records under any other circumstances.
2. If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
Sec. 27. The amendatory provisions of section 12 of this act do not apply to offenses committed before July 1, 2001.
Sec. 28. This act becomes effective on July 1, 2001.
________
Senate Bill No. 566Committee on Government Affairs
CHAPTER 263
AN ACT relating to industrial insurance; requiring the successor organization to the state industrial insurance system to release certain liens created by the system; and providing other matters properly relating thereto.
[Approved: May 30, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 137 of chapter 388, Statutes of Nevada 1999, at page 1842, is hereby amended to read as follows:
Sec. 137. 1. Any writ of attachment issued pursuant to the provisions of NRS 616B.239 or any lien created pursuant to the provisions of NRS 616B.251 or 616B.266 before January 1, 2000, may be executed, foreclosed, released, compromised or satisfied on or after that date by any successor organization to the state industrial insurance system.
κ2001 Statutes of Nevada, Page 1170 (Chapter 263, SB 566)κ
2. The successor organization to the state industrial insurance system shall:
(a) Use due diligence to identify liens created pursuant to NRS 616B.251 and 616B.266 before January 1, 1997; and
(b) Release those liens by filing a notice of release or satisfaction of the lien with the county recorder of the county in which the notice of claim of lien or the judgment against the delinquent employer was filed.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 384Assemblymen Manendo, Buckley, Bache, Claborn, McClain, Anderson, Arberry, Chowning, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Gustavson, Koivisto, Leslie, Mortenson, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams
CHAPTER 264
AN ACT relating to homes; changing the terms used in provisions relating to mobile home parks to refer to manufactured home parks; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118B.0113 is hereby amended to read as follows:
118B.0113 Capital improvement means an addition or betterment made to a [mobile] manufactured home park that:
1. Consists of more than the repair or replacement of an existing facility;
2. Is required by law to be amortized over its useful life for the purposes of income tax; and
3. Has a useful life of 5 years or more.
Sec. 2. NRS 118B.014 is hereby amended to read as follows:
118B.014 Landlord means the owner or lessor of a [mobile] manufactured home lot and the owner or lessor of a [mobile] manufactured home park.
Sec. 3. NRS 118B.0145 is hereby amended to read as follows:
118B.0145 Manager means the person in charge or in control of a [mobile] manufactured home park, whether or not he is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the [mobile] manufactured home park.
Sec. 4. NRS 118B.015 is hereby amended to read as follows:
118B.015 [Mobile] Manufactured home means a vehicular structure without independent motive power, built on a chassis or frame, which is:
1. Designed to be used with or without a permanent foundation;
2. Capable of being drawn by a motor vehicle; and
3. Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.The term specifically includes, without limitation, a mobile home that does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.
κ2001 Statutes of Nevada, Page 1171 (Chapter 264, AB 384)κ
The term specifically includes, without limitation, a mobile home that does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.
Sec. 5. NRS 118B.016 is hereby amended to read as follows:
118B.016 [Mobile] Manufactured home lot or lot means a portion of land within a [mobile] manufactured home park which is rented or held out for rent to accommodate:
1. A [mobile] manufactured home; or
2. A recreational vehicle for 3 months or more.
Sec. 6. NRS 118B.017 is hereby amended to read as follows:
118B.017 [Mobile] Manufactured home park or park means an area or tract of land where two or more [mobile] manufactured homes or [mobile] manufactured home lots are rented or held out for rent. The terms do not include an area or tract of land where:
1. More than half of the lots are rented overnight or for less than 3 months for recreational vehicles.
2. [Mobile] Manufactured homes are used occasionally for recreational purposes and not as permanent residences.
Sec. 7. NRS 118B.0185 is hereby amended to read as follows:
118B.0185 Tenant means the owner of a [mobile] manufactured home which is located on a [mobile] manufactured home lot in a [mobile] manufactured home park.
Sec. 8. NRS 118B.020 is hereby amended to read as follows:
118B.020 The provisions of this chapter do not apply to:
1. [Mobile] Manufactured home parks operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).
2. Any lot in a [mobile] manufactured home park which is rented or held out for rent overnight or for less than 3 months.
3. Any recreational vehicle located on a lot described in subsection 2.
4. Any lot in a [mobile] manufactured home park or [mobile] manufactured home on such a lot which is used occasionally for recreational purposes and not as a permanent residence.
Sec. 9. NRS 118B.022 is hereby amended to read as follows:
118B.022 1. The provisions of this chapter must be administered by the division, subject to administrative supervision by the director of the department of business and industry.
2. An employee of the division shall not hold an interest in a [mobile] manufactured home park.
Sec. 10. NRS 118B.024 is hereby amended to read as follows:
118B.024 1. The administrator shall adopt regulations to carry out the provisions of this chapter.
2. [In order to] To carry out the provisions of this chapter, the administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto:
(a) Issue subpoenas for the production of books, papers and documents which are strictly relevant to the complaint;
(b) Mediate grievances between landlords and tenants of [mobile] manufactured home parks; and
(c) Make inspections and provide technical services necessary to administer the provisions of this chapter.
κ2001 Statutes of Nevada, Page 1172 (Chapter 264, AB 384)κ
3. The administrator or his representative may inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are required to enforce the provisions of this chapter.
Sec. 11. NRS 118B.025 is hereby amended to read as follows:
118B.025 The administrator shall collect economic and demographic data annually from each [mobile] manufactured home park, including the amount of rent and rate of vacancy for each type of lot in the park, and shall prescribe the form for the collection of such data.
Sec. 12. NRS 118B.040 is hereby amended to read as follows:
118B.040 1. A rental agreement or lease between a landlord and tenant to rent or lease any [mobile] manufactured home lot must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.
2. A rental agreement or lease must contain , but is not limited to , provisions relating to:
(a) The duration of the agreement.
(b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.
(c) Restrictions on occupancy by children or pets.
(d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.
(e) Deposits which may be required and the conditions for their refund.
(f) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(g) The name and address of the owner of the [mobile] manufactured home park and his authorized agent.
(h) Any restrictions on subletting.
(i) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
(j) Any restriction of the park to older persons pursuant to federal law.
(k) The dimensions of the [mobile] manufactured home lot of the tenant.
(l) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the [mobile] manufactured home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the [mobile] manufactured home park.
Sec. 13. NRS 118B.050 is hereby amended to read as follows:
118B.050 Any provision in a rental agreement or lease for a [mobile] manufactured home lot which provides that the tenant:
1. Agrees to waive or forego any rights or remedies afforded by this chapter;
2. Authorizes any person to confess judgment on any claim arising out of the rental agreement;
3. Agrees to pay the landlords attorneys fees or costs, or both, except that the agreement may provide that attorneys fees may be awarded to the prevailing party in the event of court action;
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord;
κ2001 Statutes of Nevada, Page 1173 (Chapter 264, AB 384)κ
5. Agrees to a period within which he will give notice to the landlord of the termination of his tenancy which is longer than the term of the lease; or
6. Agrees to pay any additional charge for children or pets, unless the landlord provides a special service regarding children or pets,
is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.
Sec. 14. NRS 118B.060 is hereby amended to read as follows:
118B.060 1. Any payment, deposit, fee [,] or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a deposit governed by the provisions of this section.
2. The landlord shall maintain a separate record of the deposits.
3. Except as otherwise provided in subsection 4:
(a) All deposits are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.
(b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.
4. Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest at the rate of 5 percent per year, compounded annually, for the entire period during which the deposit was held by the landlord.
5. Upon termination of the landlords interest in the [mobile] manufactured home park, the landlord shall transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.
6. If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.
7. If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.
8. The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.
Sec. 15. NRS 118B.065 is hereby amended to read as follows:
118B.065 Before a tenant signs an initial rental agreement for a [mobile] manufactured home lot, the landlord shall, by separate written document, disclose to him the zoning designations adopted pursuant to chapter 278 of NRS for the [mobile] manufactured home lot to be rented and for each parcel of land adjoining the [mobile] manufactured home park.
κ2001 Statutes of Nevada, Page 1174 (Chapter 264, AB 384)κ
Sec. 16. NRS 118B.067 is hereby amended to read as follows:
118B.067 If a landlord approves the placement of a [mobile] manufactured home on a lot in a park and it is determined after the home is placed on the lot that the placement of the home does not [conform to] comply with the requirements of the local ordinances relating to that placement, the landlord shall pay the cost to ensure compliance with those requirements.
Sec. 17. NRS 118B.073 is hereby amended to read as follows:
118B.073 Upon payment of the periodic rent by a tenant of a [mobile] manufactured home park, the landlord of that park shall, upon request, issue to the tenant a receipt which indicates the amount and the date of the payment. The landlord shall issue the receipt as soon as practicable after payment, but not later than 5 days after he receives payment.
Sec. 18. NRS 118B.075 is hereby amended to read as follows:
118B.075 If more than one rental agreement or lease is [currently] offered to prospective tenants, the landlord of a [mobile] manufactured home park consisting of 25 or more lots shall:
1. Post in a conspicuous and readily accessible place in the community or recreation facility in the park, at or near the entrance of the park or other common area in the park, a legible sign indicating in bold print and bearing the caption sample rental or lease agreements.
2. Under the sign indicating sample rental or lease [agreements] agreements, post a copy of each rental or lease agreement presently offered to prospective tenants.
3. Provide at the request of a prospective tenant or an existing tenant, a copy of any lease or rental agreement required to be posted pursuant to subsection 2.
4. Immediately correct or replace the posted copy of a lease or rental agreement if new provisions are added to the lease or rental agreement or if existing provisions are amended or deleted.
5. Provide a copy of the provisions of this section to a prospective tenant before he signs a rental agreement or lease for a lot.
Sec. 19. NRS 118B.080 is hereby amended to read as follows:
118B.080 1. The landlord shall disclose in writing to each tenant the:
(a) Name, address and telephone number of the owner and manager or assistant manager of the [mobile] manufactured home park; and
(b) Name and address of a person authorized to receive service of process for the landlord,
and any change thereof.
2. The information must be furnished in writing to each new tenant on or before the commencement of his tenancy and to each existing tenant.
Sec. 20. NRS 118B.086 is hereby amended to read as follows:
118B.086 1. Each manager and assistant manager of a [mobile] manufactured home park which has 25 or more lots shall complete annually 6 hours of continuing education relating to the management of a [mobile] manufactured home park.
2. The administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.
3. The instruction must include, but is not limited to, information relating to:
(a) The provisions of chapter 118B of NRS;
(b) Leases and rental agreements;
κ2001 Statutes of Nevada, Page 1175 (Chapter 264, AB 384)κ
(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;
(d) The resolution of complaints and disputes concerning landlords and tenants of [mobile] manufactured home parks; and
(e) The adoption and enforcement of the rules and regulations of a [mobile] manufactured home park.
4. Each course of instruction and the instructor of the course must be approved by the administrator. The administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The administrator may require submission of such reasonable information by an applicant as he deems necessary to determine the suitability of the instructor and the course. The administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the administrator shall designate the number of hours of credit allowable for the course.
Sec. 21. NRS 118B.087 is hereby amended to read as follows:
118B.087 1. There are hereby created two regions to provide courses of continuing education pursuant to NRS 118B.086. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.
2. The person who applied for approval of a course or his designee shall notify the administrator of the date and location each time the course is offered, as soon as practicable after scheduling the course.
3. The administrator shall ensure that a course of continuing education is offered at least every 6 months in each region. If the administrator finds that no approved course will be offered to meet the requirements of this subsection, he shall offer the course and charge a reasonable fee for each person enrolled in the course.
4. If the fees collected by the administrator for the course do not cover the cost of offering the course, the administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of [mobile] manufactured home parks which have 25 lots or more in the region in which the course was held and assess that amount to each landlord of such a [mobile] manufactured home park. The landlord shall pay the assessment within 30 days after it was mailed by the administrator.
Sec. 22. NRS 118B.088 is hereby amended to read as follows:
118B.088 1. Each instructor of a course shall furnish to each person who completes the course required by NRS 118B.086 a certificate of completion. The certificate must include:
(a) The name and address of the participant;
(b) The name of the instructor of the course;
(c) The name of the landlord of the [mobile] manufactured home park who employs the participant and the address of the park, if the participant is employed as a manager or assistant manager of a [mobile] manufactured home park on the date of completion of the course;
(d) The number of hours of instruction completed; and
(e) The date the course was completed.
κ2001 Statutes of Nevada, Page 1176 (Chapter 264, AB 384)κ
2. Each instructor shall furnish to the administrator the information included in each certificate of completion he issues within 30 days after the course is completed.
Sec. 23. NRS 118B.089 is hereby amended to read as follows:
118B.089 1. The administrator may impose a fine of not more than $500 against a landlord of a [mobile] manufactured home park who employs a manager or assistant manager who has not completed the course of continuing education required by NRS 118B.086.
2. The administrator shall, before imposing the fine, notify the landlord of the [mobile] manufactured home park by certified mail that he will impose the fine unless the landlord, within 30 days after the notice is mailed, shows cause why the fine should not be imposed.
3. If the administrator imposes the fine, he shall notify the landlord of the [mobile] manufactured home park by certified mail.
4. The imposition of a fine pursuant to this section is a final decision for the purposes of judicial review.
Sec. 24. NRS 118B.095 is hereby amended to read as follows:
118B.095 1. The landlord shall authorize each manager and assistant manager to make repairs himself or enter into a contract with a third party for the repairs.
2. Except as otherwise provided in subsection 3, the manager shall contract with a third party to provide emergency repairs for the tenants on the occasions when the manager and assistant manager are not physically present in the park. The manager shall notify each tenant of the telephone number of the third party who will make the repairs, and direct the tenants to call him when an emergency repair is needed and the manager and assistant manager are not physically present in the park. The telephone number so provided must be that of the third party directly. The provision of the telephone number of an answering service does not fulfill this requirement. If the manager or assistant manager is present in the park, any request for repairs must be made to him and not the third party.
3. The provisions of subsection 2 do not apply to a [mobile] manufactured home park that is owned by:
(a) A nonprofit organization; or
(b) A housing authority,
if the nonprofit organization or housing authority has established an alternative method to provide emergency repairs for tenants in a timely manner.
4. As used in this section, repairs means only repairs to the property of the owner of the [mobile] manufactured home park.
Sec. 25. NRS 118B.100 is hereby amended to read as follows:
118B.100 1. The landlord may adopt rules or regulations concerning the tenants use and occupancy of the [mobile] manufactured home lot and the grounds, areas and facilities of the [mobile] manufactured home park held out for the use of tenants generally.
2. All such rules or regulations must be:
(a) Reasonably related to the purpose for which they are adopted;
(b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;
(c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;
κ2001 Statutes of Nevada, Page 1177 (Chapter 264, AB 384)κ
(d) Consistent with the provisions of this chapter and a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and
(e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.
3. No rule or regulation may be used to impose any additional charge for occupancy of a [mobile] manufactured home lot or modify the terms of a rental agreement.
4. Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days notice of it in writing. The landlord may not adopt or amend a rule or regulation of the park unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposed adoption or amendment of the rule or regulation. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.
5. A rule or regulation pertaining to recreational facilities in the [mobile] manufactured home park must be in writing to be enforceable.
6. As used in this section, capital improvement means an addition or betterment made to a [mobile] manufactured home located on a lot in a [mobile] manufactured home park which is leased by the landlord that:
(a) Consists of more than the repair or replacement of an existing facility;
(b) Is required by federal law to be amortized over its useful life for the purposes of income tax; and
(c) Has a useful life of 5 years or more.
Sec. 26. NRS 118B.110 is hereby amended to read as follows:
118B.110 1. The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this section , the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
3. If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the [mobile] manufactured home park to meet with the tenants.
κ2001 Statutes of Nevada, Page 1178 (Chapter 264, AB 384)κ
4. If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.
Sec. 27. NRS 118B.120 is hereby amended to read as follows:
118B.120 1. The landlord or his agent or employee may:
(a) Require that the tenant landscape and maintain the tenants lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.
(b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenants lot and charge the tenant a service fee for the actual cost of that maintenance.
(c) Require that the [mobile] manufactured home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.
2. The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a [mobile] manufactured home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.
3. The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees , absent a voluntary assumption of that duty by the tenant for trees on the tenants lot.
4. For the purposes of this section, a [mobile] manufactured home shall be deemed to be abandoned if:
(a) It is located on a lot in a [mobile] manufactured home park for which no rent has been paid for at least 60 days;
(b) It is unoccupied; and
(c) The manager of the [mobile] manufactured home park reasonably believes it to be abandoned.
Sec. 28. NRS 118B.125 is hereby amended to read as follows:
118B.125 A tenant shall secure the approval of his landlord before beginning construction of any improvement or addition to his [mobile] manufactured home or lot which requires a building permit issued by a local government.
Sec. 29. NRS 118B.130 is hereby amended to read as follows:
118B.130 1. A landlord may not change:
(a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or
(b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.
2. A tenant who elects to move pursuant to a provision of subsection 1 must give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park. If a landlord is required to move a tenant to another park pursuant to subsection 1, he shall pay:
(a) The cost of moving the tenants [mobile] manufactured home and its appurtenances to a new location within 50 miles from the [mobile] manufactured home park; or
κ2001 Statutes of Nevada, Page 1179 (Chapter 264, AB 384)κ
(b) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities , and the cost of taking down, moving, setting up and leveling his [mobile] manufactured home and its appurtenances in the new lot or park.
3. A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:
(a) Tenant of the park who does not meet the new restrictions.
(b) Prospective tenant before the commencement of the tenancy.
Sec. 30. NRS 118B.140 is hereby amended to read as follows:
118B.140 The landlord or his agent or employee shall not:
1. Require a person to purchase a [mobile] manufactured home from him or any other person as a condition to renting a [mobile] manufactured home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a [mobile] manufactured home from him or any other person.
2. Charge or receive:
(a) Any entrance or exit fee for assuming or leaving occupancy of a [mobile] manufactured home lot.
(b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his [mobile] manufactured home or recreational vehicle within the [mobile] manufactured home park , even if the [mobile] manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of [mobile] manufactured homes pursuant to NRS 489.311 and has acted as the tenants agent in the sale pursuant to a written contract.
(c) Any fee for the tenants spouse or children.
(d) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.
(e) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.
(f) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, for which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public utilities commission of Nevada.
(g) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each [mobile] manufactured home lot.
(h) Any fee, surcharge or rent increase to recover from his tenants any amount that exceeds the amount of the cost for a governmentally mandated service or tax that was paid by the landlord.
κ2001 Statutes of Nevada, Page 1180 (Chapter 264, AB 384)κ
Sec. 31. NRS 118B.150 is hereby amended to read as follows:
118B.150 The landlord or his agent or employee shall not:
1. Increase rent or additional charges unless:
(a) The rent charged after the increase is the same rent charged for [mobile] manufactured homes of the same size or lots of the same size or of a similar location within the park, except that a discount may be selectively given to persons who:
(1) Are handicapped;
(2) Are 55 years of age or older;
(3) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;
(4) Pay their rent in a timely manner; or
(5) Pay their rent by check, money order or electronic means;
(b) Any increase in additional charges for special services is the same amount for each tenant using the special service; and
(c) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.
2. Require a tenant to pay for an improvement to the common area of a [mobile] manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
3. Require a tenant to pay for a capital improvement to the [mobile] manufactured home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.
4. Require a tenant to pay his rent by check or money order.
5. Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
6. Prohibit or require fees or deposits for any meetings held in the parks community or recreational facility by the tenants or occupants of any [mobile] manufactured home or recreational vehicle in the park to discuss the parks affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
κ2001 Statutes of Nevada, Page 1181 (Chapter 264, AB 384)κ
7. Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
8. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
9. Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a [mobile] manufactured home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.
10. Prohibit a tenant from erecting a fence along the perimeter of the tenants lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
11. Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, solicit means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
12. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
13. If a tenant has voluntarily assumed responsibility to trim the trees on his lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.
Sec. 32. NRS 118B.153 is hereby amended to read as follows:
118B.153 The amount of rent charged a tenant for a service, utility or amenity upon moving into the [mobile] manufactured home park must be reduced proportionately when the service, utility or amenity is decreased or eliminated by the landlord. The landlord may not increase the rent to recover the lost revenue.
Sec. 33. NRS 118B.157 is hereby amended to read as follows:
118B.157 A landlord must give his tenants at least 24 hours notice in writing when planned repairs of a utility or a service which the [mobile] manufactured home park provides will cause interruption of the utility or service.
Sec. 34. NRS 118B.160 is hereby amended to read as follows:
118B.160 The landlord or his agent or employee shall not:
1. Deny any tenant the right to sell his [mobile] manufactured home or recreational vehicle within the park or require the tenant to remove the [mobile] manufactured home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.
2. Prohibit any tenant desiring to sell his [mobile] manufactured home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the [mobile] manufactured home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.
κ2001 Statutes of Nevada, Page 1182 (Chapter 264, AB 384)κ
prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.
3. Require that he be an agent of an owner of a [mobile] manufactured home or recreational vehicle who desires to sell the home or vehicle.
4. Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his [mobile] manufactured home lot if the prospective subtenant meets the general requirements for tenancy in the park.
5. Require a tenant to make any additions to his [mobile] manufactured home unless those additions are required by an ordinance of a local government.
6. Purchase a [mobile] manufactured home within the park if he has denied:
(a) A tenant the right to sell that [mobile] manufactured home; or
(b) A prospective buyer the right to purchase that [mobile] manufactured home.
Sec. 35. NRS 118B.170 is hereby amended to read as follows:
118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenants [mobile] manufactured home or recreational vehicle, if the [mobile] manufactured home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.
2. If a tenant sells his [mobile] manufactured home or recreational vehicle, the landlord may require that the [mobile] manufactured home or recreational vehicle be removed from the park if it is deemed by the parks written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the [mobile] manufactured home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.
3. If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a [mobile] manufactured home in the park is sold, the prospective buyer must be approved by the landlord.
4. If the landlord requires the approval of a prospective buyer and tenant of a [mobile] manufactured home or recreational vehicle and the [mobile] manufactured home or recreational vehicle is sold without the approval of the landlord, the landlord may:
(a) After providing at least 10 days written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or
(b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 10 days written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.
5. For the purposes of NRS 40.251, a person who:
(a) Purchases a [mobile] manufactured home or recreational vehicle from a tenant of a [mobile] manufactured home park which will remain in the park;
κ2001 Statutes of Nevada, Page 1183 (Chapter 264, AB 384)κ
(b) Was required to be approved by the landlord of the [mobile] manufactured home park before the sale of the [mobile] manufactured home or recreational vehicle; and
(c) Was not approved by the landlord before he purchased that [mobile] manufactured home or recreational vehicle,
shall be deemed a tenant at will and a lessee of the [mobile] manufactured home park.
Sec. 36. NRS 118B.173 is hereby amended to read as follows:
118B.173 1. Any landlord who lists a [mobile] manufactured home park or any part of a [mobile] manufactured home park for sale with a licensed real estate broker shall , not less than 10 days nor more than 30 days before listing the park for sale, mail written notice of that listing to any association of tenants of the park that requested the notice. A landlord is not required to provide notice of a listing for sale that is not initiated by the owner of the park or his authorized agent.
2. [In order to] To receive the notice required by subsection 1, an association of tenants of a [mobile] manufactured home park shall:
(a) Submit to the landlord a written request for that notice;
(b) Furnish the landlord with a written list of the names and addresses of three members of the association; and
(c) Give written notice to the landlord that the tenants of the park are interested in buying the park and renew that notice at least once each year after the initial notice.
Sec. 37. NRS 118B.177 is hereby amended to read as follows:
118B.177 1. If a landlord closes a [mobile] manufactured home park , he shall pay:
(a) The cost of moving each tenants [mobile] manufactured home and its appurtenances to a new location within 50 miles from the [mobile] manufactured home park; or
(b) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities , and the cost of taking down, moving, setting up and leveling the [mobile] manufactured home and its appurtenances in the new lot or park.
2. Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his [mobile] manufactured home from the lot.
Sec. 38. NRS 118B.180 is hereby amended to read as follows:
118B.180 1. A landlord may convert an existing [mobile] manufactured home park into individual [mobile] manufactured home lots for sale to [mobile] manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;
κ2001 Statutes of Nevada, Page 1184 (Chapter 264, AB 384)κ
(c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;
(d) The landlord pays:
(1) The cost of moving the tenants [mobile] manufactured home and its appurtenances to a comparable location within 50 miles from the [mobile] manufactured home park; or
(2) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his [mobile] manufactured home and its appurtenances in the new lot or park; and
(e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice, before he is required to move his [mobile] manufactured home from the lot.
2. Upon the sale of a [mobile] manufactured home lot and a [mobile] manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the [mobile] manufactured home lot and what portion is for the [mobile] manufactured home.
Sec. 39. NRS 118B.183 is hereby amended to read as follows:
118B.183 1. A landlord may convert an existing [mobile] manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord pays:
(1) The cost of moving the tenants [mobile] manufactured home and its appurtenances to a new location within 50 miles from the [mobile] manufactured home park; or
(2) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his [mobile] manufactured home and its appurtenances in the new lot or park; and
(c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his [mobile] manufactured home from the lot.
2. A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the [mobile] manufactured home park.
Sec. 40. NRS 118B.185 is hereby amended to read as follows:
118B.185 1. Each owner of a [mobile] manufactured home park shall pay to the division an annual fee established by the administrator which must not exceed $5 for each lot within that park.
κ2001 Statutes of Nevada, Page 1185 (Chapter 264, AB 384)κ
2. If an owner fails to pay the fee within 30 days after receiving written notice of its amount, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his tenants.
3. All fees collected by the division pursuant to subsection 1 must be deposited in the state treasury for credit to the account for regulating [mobile] manufactured home parks within the fund for manufactured housing created pursuant to NRS 489.491. All expenses related to the regulation of [mobile] manufactured home parks must be paid from the account. The account must not be used for any other purpose. Claims against the account must be paid as other claims against the state are paid.
Sec. 41. NRS 118B.190 is hereby amended to read as follows:
118B.190 1. A written agreement between a landlord and tenant for the rental or lease of a [mobile] manufactured home lot in a [mobile] manufactured home park in this state, or for the rental or lease of a lot for a recreational vehicle in an area of a [mobile] manufactured home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:
(a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118B.200.
(b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.
(c) One hundred eighty days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.
(d) Forty-five days in advance if the termination is for any other reason.
2. The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity pursuant to this subsection.
3. The service of such a notice does not enhance the landlords right, if any, to enter the tenants [mobile] manufactured home. Except in an emergency, the landlord shall not enter the [mobile] manufactured home of the tenant served with such a notice without the tenants permission or a court order allowing the entry.
4. If a tenant remains in possession of the [mobile] manufactured home lot after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenants continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.
5. The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.
κ2001 Statutes of Nevada, Page 1186 (Chapter 264, AB 384)κ
Sec. 42. NRS 118B.200 is hereby amended to read as follows:
118B.200 Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118B.190 may not be terminated except for:
1. Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;
2. Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to [mobile] manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
3. Conduct of the tenant in the [mobile] manufactured home park which constitutes an annoyance to other tenants;
4. Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
5. A change in the use of the land by the landlord pursuant to NRS 118B.180;
6. Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance; or
7. In a [mobile] manufactured home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:
(a) Are set forth in the lease signed by the tenant; and
(b) Comply with federal, state and local law.
Sec. 43. NRS 118B.210 is hereby amended to read as follows:
118B.210 1. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a [mobile] manufactured home lot as retaliation upon the tenant because:
(a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a [mobile] manufactured home park to the governmental agency responsible for enforcing the code or regulation.
(b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, or 118B.240.
(c) He has organized or become a member of a tenants league or similar organization.
(d) He has requested the reduction in rent required by:
(1) NRS 118.165 as a result of a reduction in property taxes.
(2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.
(e) A citation has been issued to the landlord as the result of a complaint of the tenant.
(f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.
2. A landlord, manager or assistant manager of a [mobile] manufactured home park shall not willfully harass a tenant.
κ2001 Statutes of Nevada, Page 1187 (Chapter 264, AB 384)κ
3. A tenant shall not willfully harass a landlord, manager [,] or assistant manager of a [mobile] manufactured home park or an employee or agent of the landlord.
4. As used in this section, harass means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a persons exercise of his rights pursuant to this chapter.
Sec. 44. NRS 118B.211 is hereby amended to read as follows:
118B.211 As used in NRS 118B.211 to 118B.219, inclusive, fund means the fund for low-income owners of [mobile] manufactured homes created pursuant to NRS 118B.215.
Sec. 45. NRS 118B.213 is hereby amended to read as follows:
118B.213 1. In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a [mobile] manufactured home park that is operated for profit shall pay to the division an annual fee of $12 for each lot within the park. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.
2. The administrator shall notify the owner of each [mobile] manufactured home park that is operated for profit in this state on or before July 1 of each year of the fee imposed pursuant to this section.
3. If on May 15 of that year the balance in the fund which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. The administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.
4. If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.
5. All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the fund.
Sec. 46. NRS 118B.215 is hereby amended to read as follows:
118B.215 1. There is hereby created as a special revenue fund in the state treasury the fund for low-income owners of [mobile] manufactured homes, to be administered by the division. All money received for the use of the fund pursuant to NRS 118B.213 or from any other source must be deposited in the fund.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
3. The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the [mobile] manufactured home lot on which their [mobile] manufactured home is located. Except as otherwise provided in subsection 5, to be eligible for assistance from the fund a person must:
(a) Except as otherwise provided in this subsection, have been a tenant in the same [mobile] manufactured home park in this state for at least 1 year immediately preceding his application for assistance;
(b) Be the registered owner of the [mobile] manufactured home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the division pursuant to NRS 489.541;
κ2001 Statutes of Nevada, Page 1188 (Chapter 264, AB 384)κ
(c) Have a monthly household income, as determined by the administrator in accordance with subsection 4, which is at or below:
(1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the [mobile] manufactured home; or
(2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the [mobile] manufactured home;
(d) Be a tenant in a [mobile] manufactured home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and
(e) Not have assets whose value is more than $12,000, excluding the value of:
(1) The [mobile] manufactured home which is subject to the tenancy;
(2) The contents of that [mobile] manufactured home; and
(3) One motor vehicle.
A person who has been a tenant of a [mobile] manufactured home park in this state for at least 1 year, but has not been a tenant of the [mobile] manufactured home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the fund if he moved to the [mobile] manufactured home park in which he resides at the time of his application because he was unable to pay the rent at the [mobile] manufactured home park from which he moved or because that park was closed.
4. In determining the monthly household income of an applicant pursuant to subsection 3, the administrator shall exclude from the calculation:
(a) The value of any food stamps the applicant received pursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the year immediately preceding his application for assistance; or
(b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of [such] that coverage during the year immediately preceding his application for assistance,
whichever is greater.
5. The administrator may waive the requirements for eligibility set forth in subsection 3 upon the written request of an applicant if the circumstances of the applicant have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based upon a significant reduction of income, when considering the applicants current financial circumstances.
An applicant shall include with his request for a waiver all medical and financial documents that support his request.
6. The administrator shall adopt regulations establishing:
(a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.
(b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.
7. As used in this section:
κ2001 Statutes of Nevada, Page 1189 (Chapter 264, AB 384)κ
(a) [Mobile] Manufactured home includes a travel trailer that is located on a [mobile] manufactured home lot within a [mobile] manufactured home park.
(b) Monthly household income means the combined monthly incomes of the occupants of a [mobile] manufactured home which is subject to the tenancy for which assistance from the fund is requested.
(c) Travel trailer has the meaning ascribed to it in NRS 489.150.
Sec. 47. NRS 118B.220 is hereby amended to read as follows:
118B.220 1. If a [mobile] manufactured home or recreational vehicle is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which he has control, the rent may be, at the tenants option, proportionately abated, and if it is, must be refunded or credited against the following months rent. The tenant need not abandon the [mobile] manufactured home or recreational vehicle as a prerequisite to seeking relief under this subsection.
2. As an alternative to the abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his [mobile] manufactured home or recreational vehicle remains unfit and may:
(a) Recover the actual and reasonable cost of the substitute housing from the landlord; or
(b) Deduct the cost from future rent.
3. A [mobile] manufactured home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer service are not being adequately provided to the [mobile] manufactured home.
Sec. 48. NRS 108.2675 is hereby amended to read as follows:
108.2675 Mobile home lot has the meaning ascribed to [it] manufactured home lot in NRS 118B.016.
Sec. 49. NRS 108.2677 is hereby amended to read as follows:
108.2677 Mobile home park has the meaning ascribed to [it] manufactured home park in NRS 118B.017.
Sec. 50. NRS 244.3573 is hereby amended to read as follows:
244.3573 1. Members of a county law enforcement agency, or if the county is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:
(a) Within the common areas of a mobile home park that is located within the unincorporated area of the county and into or upon which the public is admitted by easement, license or otherwise; and
(b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.
2. As used in this section:
(a) Manager has the meaning ascribed to it in NRS 118B.0145; and
(b) Mobile home park has the meaning ascribed to [it] manufactured home park in NRS 118B.017.
Sec. 51. NRS 268.426 is hereby amended to read as follows:
268.426 1. Members of the law enforcement agency of an incorporated city, or if the incorporated city is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:
(a) Within the common areas of a mobile home park that is located within the incorporated city and into or upon which the public is admitted by easement, license or otherwise; and
κ2001 Statutes of Nevada, Page 1190 (Chapter 264, AB 384)κ
(b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.
2. As used in this section:
(a) Manager has the meaning ascribed to it in NRS 118B.0145; and
(b) Mobile home park has the meaning ascribed to [it] manufactured home park in NRS 118B.017.
Sec. 52. NRS 278.0167 is hereby amended to read as follows:
278.0167 Mobile home park has the meaning ascribed to [it] manufactured home park in NRS 118B.017.
Sec. 53. The legislature hereby finds and declares that the amendatory provisions of this act are not intended to change the kind of homes to which the provisions of chapter 118B of NRS are applicable.
Sec. 54. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference in chapter 118B of NRS or any section referring to such a section to:
(a) Mobile home to manufactured home;
(b) Mobile home lot to manufactured home lot; and
(c) Mobile home park to manufactured home park.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference in the chapter which contains the regulations adopted pursuant to chapter 118B of NRS or any section referring to such a section to:
(a) Mobile home to manufactured home;
(b) Mobile home lot to manufactured home lot; and
(c) Mobile home park to manufactured home park.
________
Assembly Bill No. 551Committee on Commerce and Labor
CHAPTER 265
AN ACT relating to cosmetology; requiring the licensing of a demonstrator of cosmetics; authorizing the sale of food or beverages in a cosmetological establishment under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Demonstrator of cosmetics means a person who, without charge and without advertising his services, demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics.
Sec. 3. The board shall admit to examination for a license as a demonstrator of cosmetics any person who has made application to the board in proper form, paid the fee and:
1. Is at least 18 years of age;
κ2001 Statutes of Nevada, Page 1191 (Chapter 265, AB 551)κ
2. Is of good moral character;
3. Has completed a course provided by the board relating to sanitation; and
4. Has received a score of not less than 75 percent on the examination administered by the board.
Sec. 4. The examination for a license as a demonstrator of cosmetics:
1. Must include a written or oral test relating to sanitation; and
2. May include such other demonstrations and tests as the board may require.
Sec. 5. Any food or beverages that are sold for immediate consumption in a cosmetological establishment must be sold in an area of the cosmetological establishment which is sufficiently separated from the area of the cosmetological establishment where cosmetological services are provided.
Sec. 6. NRS 644.020 is hereby amended to read as follows:
644.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.029, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 644.0205 is hereby amended to read as follows:
644.0205 Aesthetician means any person who engages in the practices of:
1. Beautifying, massaging, cleansing or stimulating the skin of the human body, except the scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams , or any device, electrical or otherwise, for the care of the skin;
2. Applying [make-up] cosmetics or eyelashes to any person, tinting eyelashes and eyebrows , and lightening hair on the body except the scalp; and
3. Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,
but does not include the branches of cosmetology of a cosmetologist, hair designer, electrologist or manicurist.
Sec. 8. NRS 644.023 is hereby amended to read as follows:
644.023 Cosmetologist means a person who engages in the practices of:
1. Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Cutting, trimming or shaping the hair.
3. Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
4. Removing superfluous hair from the surface of the body of any person by the use of electrolysis [to remove the hair from the surface of the body] where the growth is a blemish, or by the use of depilatories, waxing or tweezers, except for the permanent removal of hair with needles.
5. Manicuring the nails of any person.
6. Beautifying, massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device, electrical or otherwise, for the care of the skin.
κ2001 Statutes of Nevada, Page 1192 (Chapter 265, AB 551)κ
7. Giving facials or skin care or applying [make-up] cosmetics or eyelashes to any person.
Sec. 9. NRS 644.024 is hereby amended to read as follows:
644.024 Cosmetology includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer , demonstrator of cosmetics and manicurist.
Sec. 10. NRS 644.130 is hereby amended to read as follows:
644.130 1. The board shall keep a record containing the name, known place of business , and the date and number of the license of every manicurist, electrologist, aesthetician, hair designer , demonstrator of cosmetics and cosmetologist, together with the names and addresses of all cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.
2. The board may disclose the information contained in the record kept pursuant to subsection 1 to:
(a) Any other licensing board or agency that is investigating a licensee.
(b) A member of the general public, except information concerning the address and telephone number of a licensee.
Sec. 11. NRS 644.212 is hereby amended to read as follows:
644.212 An application for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act must include the social security number of the applicant.
Sec. 12. NRS 644.214 is hereby amended to read as follows:
644.214 1. An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or
(b) A separate form prescribed by the board.
3. A license or evidence of registration may not be issued or renewed by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
κ2001 Statutes of Nevada, Page 1193 (Chapter 265, AB 551)κ
Sec. 13. NRS 644.220 is hereby amended to read as follows:
644.220 1. In addition to the fee for an application, the fees for examination are:
(a) For examination as a cosmetologist, not less than $40 and not more than $75.
(b) For examination as an electrologist, not less than $40 and not more than $75.
(c) For examination as a hair designer, not less than $40 and not more than $75.
(d) For examination as a manicurist, not less than $40 and not more than $75.
(e) For examination as an aesthetician, not less than $40 and not more than $75.
(f) For examination as an instructor of aestheticians or in cosmetology or manicuring, $40.
The fee for each reexamination is not less than $40 and not more than $75.
2. In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $40.
3. Each applicant referred to in [subsection] subsections 1 and 2 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.
Sec. 14. NRS 644.240 is hereby amended to read as follows:
644.240 Examinations for licensure as a cosmetologist may include:
1. Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, manicuring, [make-up,] cosmetics, thermal curling, marcelling, facial massage, massage of the scalp with the hands, and cutting, trimming or shaping hair;
2. Written or oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and electricity as applicable to the practice of a cosmetologist; and
(c) The laws of Nevada and the regulations of the board relating to the practice of cosmetology; and
3. Such other demonstrations and tests as the board may require.
Sec. 15. NRS 644.247 is hereby amended to read as follows:
644.247 The examinations for an aesthetician may include:
1. Practical demonstrations in facial massage, [make-up] cosmetics or arching the eyebrow;
2. Written and oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and electricity in the care of skin; and
(c) The laws of Nevada and the regulations of the board relating to cosmetology; and
3. Such other demonstrations and tests as the board requires.
Sec. 16. NRS 644.260 is hereby amended to read as follows:
644.260 The board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, manicurist , demonstrator of cosmetics or instructor to each applicant who:
1. Passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology; and
κ2001 Statutes of Nevada, Page 1194 (Chapter 265, AB 551)κ
2. Complies with such other requirements as are prescribed in this chapter for the issuance of the license.
Sec. 17. NRS 644.300 is hereby amended to read as follows:
644.300 Every licensed manicurist, electrologist, aesthetician, hair designer , demonstrator of cosmetics or cosmetologist shall, within 30 days after changing his place of business, as designated in the records of the board, notify the secretary of the board of his new place of business. Upon receipt of the notification, the secretary shall make the necessary change in the records.
Sec. 18. NRS 644.320 is hereby amended to read as follows:
644.320 1. The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, provisional instructor , demonstrator of cosmetics and instructor expires on July 1 of the next succeeding odd-numbered year.
2. The board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years
Sec. 19. NRS 644.325 is hereby amended to read as follows:
644.325 1. An application for renewal of any license issued pursuant to this chapter must be:
(a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires;
(b) Accompanied by the statement required pursuant to NRS 644.214; and
(c) Accompanied by the fee for renewal.
2. The fees for renewal are:
(a) For manicurists, electrologists, aestheticians, hair designers , demonstrators of cosmetics and cosmetologists, not less than $30 and not more than $50.
(b) For instructors, not less than $40 and not more than $60.
(c) For cosmetological establishments, not less than $60 and not more than $100.
(d) For schools of cosmetology, not less than $450 and not more than $500.
3. For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment and all persons licensed pursuant to this chapter.
4. An application for the renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist , demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.
Sec. 20. NRS 644.330 is hereby amended to read as follows:
644.330 1. A manicurist, electrologist, aesthetician, hair designer, cosmetologist , demonstrator of cosmetics or instructor whose license has expired may have his license renewed only upon submission of the statement required pursuant to NRS 644.214 and payment of all required fees.
2. Any manicurist, electrologist, aesthetician, hair designer, cosmetologist , demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his license restored only upon submission of the statement required pursuant to NRS 644.214 and payment of all required fees.
κ2001 Statutes of Nevada, Page 1195 (Chapter 265, AB 551)κ
3. No manicurist, electrologist, aesthetician, hair designer, cosmetologist , demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his license restored without examination and must comply with any additional requirements established in regulations adopted by the board.
Sec. 21. NRS 644.360 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.
2. The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers , demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services.
Sec. 22. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the board:
(a) Failure of an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, electrologist, instructor, manicurist , demonstrator of cosmetics or school of cosmetology, or a cosmetologists apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the board.
(b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.
(c) Gross malpractice.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(f) Advertisement by means of knowingly false or deceptive statements.
(g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
(i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 23. NRS 644.435 is hereby amended to read as follows:
644.435 1. If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act the board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ2001 Statutes of Nevada, Page 1196 (Chapter 265, AB 551)κ
NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act the board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 24. NRS 644.460 is hereby amended to read as follows:
644.460 1. The following persons are exempt from the provisions of this chapter:
(a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.
(b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.
(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
(1) Cleansing or singeing the hair of any person.
(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of [make-up] cosmetics if:
(1) The demonstration is without charge to the person to whom the demonstration is given; and
(2) The retailer does not advertise or provide a cosmetological service except [make-up] cosmetics and fragrances.
(e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his employee does not advertise cosmetological services and provides cosmetics without charge to the customer.
2. Any school of cosmetology conducted as part of the vocational rehabilitation training program of the department of prisons or the Caliente youth center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.
(b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.
________
κ2001 Statutes of Nevada, Page 1197κ
Assembly Bill No. 214Committee on Education
CHAPTER 266
AN ACT relating to education; requiring the department of education and the board of trustees of each school district to adopt a plan setting forth procedures concerning the security of certain examinations; requiring the department to establish certain additional procedures and programs relating to the examinations; requiring certain schools to provide for additional administration of the examinations under certain circumstances; prohibiting retaliatory action against an official of a school district or charter school who discloses information regarding irregularities in testing administration or testing security; providing that a teacher or administrator who intentionally fails to observe and carry out the provisions of a plan for test security is subject to disciplinary action; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 6, inclusive, of this act.
Sec. 1.2. As used in sections 1.2 to 5.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.4, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.
Sec. 1.4. Irregularity in testing administration means the failure to administer an examination to pupils pursuant to NRS 389.015 or 389.550 in the manner intended by the person or entity that created the examination.
Sec. 1.6. Irregularity in testing security means an act or omission that tends to corrupt or impair the security of an examination administered to pupils pursuant to NRS 389.015 or 389.550, including, without limitation:
1. The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;
2. The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and
3. Other breaches in the security or confidentiality of the questions or answers to questions on an examination.
Sec. 1.8. School official means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district or the governing body of a charter school.
Sec. 2. 1. The department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 389.015 and 389.550.
2. A plan adopted pursuant to subsection 1 must include, without limitation:
(a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.
κ2001 Statutes of Nevada, Page 1198 (Chapter 266, AB 214)κ
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
(c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:
(1) By category, the employees of the school district, charter school or department, or any combination thereof, who are responsible for taking the action; and
(2) Whether the school district, charter school or department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.
(d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of section 5.3 of this act.
3. A copy of the plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:
(a) The state board; and
(b) The legislative committee on education, created pursuant to NRS 218.5352.
Sec. 3. 1. If the department:
(a) Has reason to believe that a violation of the plan adopted pursuant to section 2 of this act may have occurred;
(b) Has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred with respect to an examination that is administered pursuant to NRS 389.015 or 389.550; or
(c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 5 of this act to investigate a potential violation of the plan adopted pursuant to section 4 of this act with respect to an examination that is administered pursuant to NRS 389.015 or 389.550,
the department shall investigate the matter as it deems appropriate.
2. If the department investigates a matter pursuant to subsection 1, the department may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.
3. If a witness refuses to attend, testify or produce materials as required by the subpoena, the department may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the department pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials before the department as required by the subpoena, or has refused to answer questions propounded to him,and asking for an order of the court compelling the witness to attend, testify or produce materials before the department.
κ2001 Statutes of Nevada, Page 1199 (Chapter 266, AB 214)κ
and asking for an order of the court compelling the witness to attend, testify or produce materials before the department.
4. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the department. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the department, the court shall enter an order that the witness appear before the department at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 4. 1. The board of trustees of each school district shall, for each public school in the district, including, without limitation, charter schools, adopt and enforce a plan setting forth procedures to ensure the security of examinations.
2. A plan adopted pursuant to subsection 1 must include, without limitation:
(a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
(c) With respect to secondary schools, procedures pursuant to which the school district or charter school, as appropriate, will verify the identity of pupils taking an examination.
(d) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the action that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify, by category, the employees of the school district or charter school who are responsible for taking the action and for ensuring that the action is carried out successfully.
The procedures adopted pursuant to this subsection must be consistent, to the extent applicable, with the procedures adopted by the department pursuant to section 2 of this act.
3. A copy of each plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:
(a) The state board; and
(b) The legislative committee on education, created pursuant to NRS 218.5352.
4. On or before September 30 of each school year, the board of trustees of each school district and the governing body of each charter school shall provide a written notice regarding the examinations to all teachers and educational personnel employed by the school district or governing body, all personnel employed by the school district or governing body who are involved in the administration of the examinations, all pupils who are required to take the examinations and all parents and legal guardians of such pupils. The written notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:
κ2001 Statutes of Nevada, Page 1200 (Chapter 266, AB 214)κ
(a) Plan adopted pursuant to this section; and
(b) Action that may be taken against personnel and pupils for violations of the plan or for other irregularities in testing administration or testing security.
5. As used in this section:
(a) Examination means:
(1) Achievement and proficiency examinations that are administered to pupils pursuant to NRS 389.015 or 389.550; and
(2) Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.
(b) Irregularity in testing administration means the failure to administer an examination in the manner intended by the person or entity that created the examination.
(c) Irregularity in testing security means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:
(1) The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;
(2) The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and
(3) Other breaches in the security or confidentiality of the questions or answers to questions on an examination.
Sec. 5. 1. If a school official has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the school official shall immediately report the incident to the board of trustees of the school district. If the board of trustees of a school district has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the board of trustees shall:
(a) If the violation is with respect to an examination administered pursuant to NRS 389.015 or 389.550, immediately report the incident to the department orally or in writing followed by a comprehensive written report within 14 school days after the incident occurred; and
(b) Cause to be commenced an investigation of the incident. The board of trustees may carry out the requirements of this paragraph by:
(1) Investigating the incident as it deems appropriate, including, without limitation, using the powers of subpoena set forth in this section.
(2) With respect to an examination that is administered pursuant to NRS 389.015 or 389.550, requesting that the department investigate the incident pursuant to section 3 of this act.
The fact that a board of trustees elects initially to carry out its own investigation pursuant to subparagraph (1) of paragraph (b) does not affect the ability of the board of trustees to request, at any time, that the department investigate the incident as authorized pursuant to subparagraph (2) of paragraph (b).
2. Except as otherwise provided in this subsection, if the board of trustees of a school district proceeds in accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects. A board of trustees shall not issue a subpoena to compel the attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to section 4 of this act.
κ2001 Statutes of Nevada, Page 1201 (Chapter 266, AB 214)κ
attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to section 4 of this act.
3. If a witness refuses to attend, testify or produce materials as required by the subpoena, the board of trustees may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the board of trustees pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials before the board of trustees as required by the subpoena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend, testify or produce materials before the board of trustees.
4. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the board of trustees. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the board of trustees, the court shall enter an order that the witness appear before the board of trustees at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 5.1. 1. Except as otherwise provided in subsection 8, if the department determines:
(a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;
(b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
2. If the department determines that:
κ2001 Statutes of Nevada, Page 1202 (Chapter 266, AB 214)κ
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
3. If the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
4. Except as otherwise provided in subsection 8, if the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6.
κ2001 Statutes of Nevada, Page 1203 (Chapter 266, AB 214)κ
administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
5. In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the department shall consider:
(a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and
(b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.
6. If the department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.
7. The department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.
8. If a school is required to provide an additional administration of examinations pursuant to subsection 2 of NRS 385.368 for a school year, the school is not required to provide for an additional administration pursuant to subsection 1 or 4 in that school year. The department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of section 5.9 of this act is included in its report for the additional administration provided by such a school pursuant to subsection 2 of NRS 385.368.
Sec. 5.3. 1. The department shall notify the principal of a school, including, without limitation, a charter school, or the board of trustees of a school district, as applicable, if the school or the school district is required to file a plan for corrective action based upon the objective criteria adopted by the department pursuant to paragraph (d) of subsection 2 of section 2 of this act. Upon receipt of such notice, the school or the school district, as applicable, shall file a plan for corrective action with the department within the time prescribed by the department. Such a plan must specify the time within which the corrective action will be taken. The school or the school district, as applicable, shall commence corrective action pursuant to the plan immediately after the date on which the plan is filed.
2. The department shall establish procedures to document and monitor whether appropriate corrective action is being taken and whether that action is achieving the desired result. Such documentation must be maintained and reported in accordance with section 5.9 of this act.
κ2001 Statutes of Nevada, Page 1204 (Chapter 266, AB 214)κ
3. The department may require a school or a school district to amend its plan for corrective action if the department determines that such amendment is necessary to ensure the security of test materials and the consistency of testing administration in the school or school district, as applicable.
Sec. 5.5. 1. The department shall establish a statewide program for use by schools and school districts in their preparation for the examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination. The program must:
(a) Be designed to ensure the consistency and uniformity of all materials and other information used in the preparation for the examinations; and
(b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 are not included within the materials and other information used for preparation.
2. If a school, including, without limitation, a charter school, or a school district provides preparation for the examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination, the school or school district shall comply with the program established pursuant to subsection 1. A school district may use and provide additional materials and information if the materials and information comply with the program established by the department. A school, including, without limitation, a charter school, shall use only those materials and information that have been approved or provided by the department or the school district.
Sec. 5.7. 1. The department shall establish a program of education and training regarding the administration and security of the examinations administered pursuant to NRS 389.015 and 389.550. Upon approval of the department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the department.
2. The board of trustees of each school district and the governing body of each charter school shall ensure that:
(a) All the teachers and other educational personnel who provide instruction to pupils enrolled in a grade level that is required to be tested pursuant to NRS 389.015 or 389.550, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS 389.015 or 389.550, receive, on an annual basis, the program of education and training established by the department or the expanded program, if applicable; and
(b) The training and education is otherwise available for all personnel who are not required to receive the training and education pursuant to paragraph (a).
Sec. 5.9. 1. The department shall establish procedures for the uniform documentation and maintenance by the department of irregularities in testing administration and testing security reported to the department pursuant to section 5 of this act and investigations of such irregularities conducted by the department pursuant to section 3 of this act. The procedures must include, without limitation:
(a) A method for assigning a unique identification number to each incident of irregularity; and
κ2001 Statutes of Nevada, Page 1205 (Chapter 266, AB 214)κ
(b) A method to ensure that the status of an irregularity is readily accessible by the department.
2. In accordance with the procedures established pursuant to subsection 1, the department shall prepare and maintain for each irregularity in testing administration and each irregularity in testing security, a written summary accompanying the report of the irregularity. The written summary must include, without limitation:
(a) An evaluation of whether the procedures prescribed by the department pursuant to paragraph (c) of subsection 2 of section 2 of this act were followed in response to the irregularity;
(b) The corrective action, if any, taken in response to the irregularity pursuant to section 5.3 of this act;
(c) An evaluation of whether the corrective action achieved the desired result; and
(d) The current status and the outcome, if any, of an investigation related to the irregularity.
3. The department shall prepare a written report that includes for each school year:
(a) A summary of each irregularity in testing administration and testing security reported to the department pursuant to section 5 of this act and each investigation conducted pursuant to section 3 of this act.
(b) A summary for each school that was required to provide additional administration of examinations pursuant to section 5.1 of this act. The summary must include, without limitation:
(1) The identity of the school;
(2) The type of additional examinations that were administered pursuant to section 5.1 of this act;
(3) The date on which those examinations were administered;
(4) A comparison of the results of pupils on the:
(I) Examinations in which an additional irregularity occurred in the second school year described in section 5.1 of this act; and
(II) Additional examinations administered pursuant to section 5.1 of this act.
(c) Each written summary prepared by the department pursuant to subsection 2.
(d) The current status of each irregularity that was reported for a preceding school year which had not been resolved at the time that the preceding report was filed.
(e) The current status and the outcome, if any, of an investigation conducted by the department pursuant to section 3 of this act.
(f) An analysis of the irregularities and recommendations, if any, to improve the security of the examinations and the consistency of testing administration.
4. On or before September 1 of each year, the department shall submit the report prepared pursuant to subsection 3 for the immediately preceding school year to the legislative committee on education created pursuant to NRS 218.5352 and the state board.
Sec. 6. If the department enters into a contract with a person or entity to score the results of an examination that is administered to pupils pursuant to NRS 389.015 or 389.550 and the contract sets forth penalties or sanctions in the event that the person or entity fails to deliver the scored results to a school district or charter school on a timely basis, the department shall ensure that any such penalties or sanctions are fully enforced.
κ2001 Statutes of Nevada, Page 1206 (Chapter 266, AB 214)κ
department shall ensure that any such penalties or sanctions are fully enforced.
Sec. 7. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing;
(c) Mathematics; and
(d) Science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8, 10 and 11.
(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.
(d) Administered in each school in accordance with the plan adopted pursuant to section 2 of this act by the department and with the plan adopted pursuant to section 4 of this act by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the department; and
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.
(e) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.
3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:
(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or
(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.
κ2001 Statutes of Nevada, Page 1207 (Chapter 266, AB 214)κ
If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.
4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupils program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupils program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to NRS 385.367 , the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.
6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
κ2001 Statutes of Nevada, Page 1208 (Chapter 266, AB 214)κ
questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a:
(1) State officer who is a member of the executive or legislative branch to the extent that it is necessary for the performance of his duties;
(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.
Sec. 8. NRS 389.550 is hereby amended to read as follows:
389.550 1. The state board shall, in consultation with the council, prescribe examinations that measure the achievement and proficiency of pupils in selected grades in the standards of content established by the council that are in addition to the examinations administered pursuant to NRS 389.015. The state board shall, based upon the recommendations of the council, select the grade levels of pupils that are required to take the examinations and the standards that the examinations must measure.
2. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the state board. The examinations must be:
(a) Administered to pupils in each school district and each charter school at the same time, as prescribed by the state board.
(b) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.
(c) Administered in each school in accordance with the plan adopted pursuant to section 2 of this act by the department and with the plan adopted pursuant to section 4 of this act by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the department; and
κ2001 Statutes of Nevada, Page 1209 (Chapter 266, AB 214)κ
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.
Sec. 9. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 22, inclusive, of this act.
Sec. 10. As used in sections 10 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 11 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 11. Examination means:
1. Achievement and proficiency examinations that are administered to pupils pursuant to NRS 389.015 or 389.550; and
2. Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.
Sec. 12. Irregularity in testing administration means the failure to administer an examination in the manner intended by the person or entity that created the examination.
Sec. 13. Irregularity in testing security means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:
1. The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;
2. The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and
3. Other breaches in the security or confidentiality of the questions or answers to questions on an examination.
Sec. 14. Reprisal or retaliatory action includes, without limitation:
1. Frequent or undesirable changes in the location of an office;
2. Frequent or undesirable transfers or reassignments;
3. The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;
4. A demotion;
5. A reduction in pay;
6. The denial of a promotion;
7. A suspension;
8. A dismissal;
9. A transfer; or
10. Frequent changes in working hours or workdays,
if such action is taken, in whole or in part, because the school official disclosed information concerning irregularities in testing administration or testing security.
Sec. 15. School official means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district or the governing body of a charter school.
Sec. 16. It is hereby declared to be the policy of this state that a school official is encouraged to disclose, to the extent not expressly prohibited by law, irregularities in testing administration and testing security, and it is the intent of the legislature to protect the rights of a school official who makes such a disclosure.
κ2001 Statutes of Nevada, Page 1210 (Chapter 266, AB 214)κ
Sec. 17. 1. A school official shall not directly or indirectly use or attempt to use his official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another school official in an effort to interfere with or prevent the disclosure of information concerning irregularities in testing administration or testing security.
2. As used in this section, official authority or influence includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.
Sec. 18. 1. If any reprisal or retaliatory action is taken against a school official who discloses information concerning irregularities in testing administration or testing security within 2 years after the information is disclosed, the school official may file a written appeal with the state board for a hearing on the matter and determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:
(a) The facts and circumstances pursuant to which the disclosure of information concerning irregularities in testing administration or testing security was made; and
(b) The reprisal or retaliatory action that is alleged to have been taken against the school official.
The hearing must be conducted in accordance with the rules of procedure adopted by the state board pursuant to subsection 4.
2. If the state board determines that the action taken was a reprisal or retaliatory action, it may issue an order directing the proper person to desist and refrain from engaging in such action.
3. The state board may not rule against the school official based on the identity of the person or persons to whom the information concerning irregularities in testing administration or testing security was disclosed.
4. The state board shall adopt rules of procedure for conducting a hearing pursuant to this section.
Sec. 19. 1. During any stage of an investigation or hearing concerning allegations of reprisal or retaliatory action, the state board may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.
2. If a witness refuses to attend, testify or produce materials as required by the subpoena, the state board may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the state board pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the state board, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend, testify or produce materials before the state board.
κ2001 Statutes of Nevada, Page 1211 (Chapter 266, AB 214)κ
3. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the state board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued by the state board, the court shall enter an order that the witness appear before the state board at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 20. 1. No school official may use the provisions of sections 10 to 22, inclusive, of this act to harass another school official.
2. A person who willfully discloses untruthful information concerning irregularities in testing administration or testing security:
(a) Is guilty of a misdemeanor; and
(b) Is subject to appropriate disciplinary action.
Sec. 21. Each year, the department shall provide to the board of trustees of each school district and to the governing body of each charter school a written summary of sections 10 to 22, inclusive, of this act. Upon receipt of the written summary, the board of trustees or governing body, as appropriate, shall provide a copy of the written summary to all other school officials within the school district or charter school.
Sec. 22. Except as otherwise provided in section 20 of this act, the provisions of sections 10 to 22, inclusive, of this act are intended to be directory and preventive rather than punitive. The provisions of sections 10 to 22, inclusive, of this act do not abrogate or decrease the effect of any of the provisions of NRS that define crimes or prescribe punishments with respect to the conduct of school officials.
Sec. 23. NRS 391.312 is hereby amended to read as follows:
391.312 1. A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board may prescribe;
(l) Failure to show normal improvement and evidence of professional training and growth;
(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;
κ2001 Statutes of Nevada, Page 1212 (Chapter 266, AB 214)κ
(n) Any cause which constitutes grounds for the revocation of a teachers license;
(o) Willful neglect or failure to observe and carry out the requirements of this Title;
(p) Dishonesty;
(q) Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015; [or]
(r) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to section 2 or 4 of this act; or
(s) An intentional violation of NRS 388.5265 or 388.527.
2. In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
Sec. 24. NRS 391.330 is hereby amended to read as follows:
391.330 The state board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:
1. Immoral or unprofessional conduct.
2. Evident unfitness for service.
3. Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.
4. Conviction of a felony or crime involving moral turpitude.
5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a county school district was the victim.
6. Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.
7. Persistent defiance of or refusal to obey the regulations of the state board, the commission or the superintendent of public instruction, defining and governing the duties of teachers, administrators and other licensed employees.
8. Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015.
9. Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to section 2 or 4 of this act.
10. An intentional violation of NRS 388.5265 or 388.527.
Sec. 25. 1. The department shall adopt a plan in accordance with the provisions of section 2 of this act on or before August 15, 2001.
2. The board of trustees of each school district in this state shall adopt a plan in accordance with the provisions of section 4 of this act on or before September 15, 2001.
3. Upon the adoption of each initial plan, the plan must be submitted as soon as practicable to the state board of education and the legislative committee on education.
κ2001 Statutes of Nevada, Page 1213 (Chapter 266, AB 214)κ
Sec. 25.3. 1. On or before October 1, 2001, the department of education shall establish procedures for the uniform documentation and maintenance of irregularities in testing administration and testing security pursuant to section 5.9 of this act for use commencing with the 2001-2002 school year.
2. The report required pursuant to subsection 4 of section 5.9 of this act must first be submitted on or before September 1, 2002.
Sec. 25.7. On or before July 1, 2002, the department of education shall establish:
1. A statewide program for the preparation of examinations pursuant to section 5.5 of this act for use commencing with the 2002-2003 school year.
2. A program of education and training regarding the administration and security of examinations pursuant to section 5.7 of this act for use commencing with the 2002-2003 school year.
Sec. 26. 1. The provisions of section 20 of this act do not apply to offenses committed before July 1, 2001.
2. The amendatory provisions of sections 23 and 24 of this act do not apply to acts committed before July 1, 2001.
Sec. 27. 1. This section and section 25 of this act become effective upon passage and approval.
2. Sections 2 and 4 of this act become effective upon passage and approval for the purpose of adopting a plan and on July 1, 2001, for all other purposes.
3. Sections 1 to 1.8, inclusive, 3, 5, 5.1, 5.3, 5.9 to 24, inclusive, 25.3, 25.7 and 26 of this act become effective on July 1, 2001.
4. Sections 5.5 and 5.7 of this act become effective on July 1, 2001, for the purpose of establishing programs in accordance with those sections and on July 1, 2002, for all other purposes.
________
Assembly Bill No. 291Assemblymen Claborn, Carpenter, Collins, Marvel, Neighbors, Anderson, Bache, Brown, de Braga, Humke, Lee, McClain, Mortenson and Parnell
CHAPTER 267
AN ACT relating to game tags; imposing an additional fee for processing an application for a game tag for the support of programs to control predators and protect wildlife habitat; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the state treasurer for credit to the wildlife account in the state general fund and used by the division for costs related to:
κ2001 Statutes of Nevada, Page 1214 (Chapter 267, AB 291)κ
(a) Programs for the management and control of injurious predatory wildlife;
(b) Wildlife management activities relating to the protection of nonpredatory game animals, sensitive wildlife species and related wildlife habitat;
(c) Conducting research, as needed, to determine successful techniques for managing and controlling predatory wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and
(d) Programs for the education of the general public concerning the management and control of predatory wildlife.
2. The division of wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the state department of agriculture to develop and carry out the programs described in subsection 1.
3. The money in the wildlife account remains in the account and does not revert to the state general fund at the end of any fiscal year.
Sec. 2. NRS 502.255 is hereby amended to read as follows:
502.255 The division shall account separately for the money received from fees for processing applications for tags and , except as otherwise provided in section 1 of this act, use that money only for all of the divisions direct and indirect costs associated with the system of applications and drawings for, and the issuance of, tags.
Sec. 3. This act becomes effective on January 1, 2002.
________
Assembly Bill No. 377Assemblymen Parnell, Gibbons, McClain, Bache, Brower, Carpenter, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, Smith and Von Tobel
Joint Sponsor: Senator Amodei
CHAPTER 268
AN ACT relating to domestic violence; requiring courts in certain smaller counties to be available at all times to issue temporary and extended orders for protection against domestic violence; providing that a person who violates a temporary or extended order must not be released from custody sooner than 12 hours after being taken into custody if the arresting officer determines that the violation is accompanied by a direct or indirect threat of harm; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.020 is hereby amended to read as follows:
33.020 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order . [for protection against domestic violence.] A temporary or extended order [for protection against domestic violence] must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
κ2001 Statutes of Nevada, Page 1215 (Chapter 268, AB 377)κ
the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before [it] the court before determining whether to grant the temporary or extended order.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.
4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
5. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order . [for protection against domestic violence.] Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
6. In a county whose population is [400,000] 47,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order [for protection against domestic violence] pursuant to subsection 5.
7. In a county whose population is less than [400,000,] 47,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order [for protection against domestic violence] pursuant to subsection 5.
8. The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to NRS 33.095.
Sec. 2. NRS 33.030 is hereby amended to read as follows:
33.030 1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;
(b) Exclude the adverse party from the applicants place of residence;
(c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order him to stay away from any specified place frequented regularly by them;
κ2001 Statutes of Nevada, Page 1216 (Chapter 268, AB 377)κ
(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; and
(e) Order such other relief as it deems necessary in an emergency situation.
2. The court by an extended order may grant any relief enumerated in subsection 1 and:
(a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary; and
(b) Order the adverse party to:
(1) Avoid or limit communication with the applicant or minor child;
(2) Pay rent or make payments on a mortgage on the applicants place of residence or pay for the support of the applicant or minor child if he is found to have a duty to support the applicant or minor child; and
(3) Pay all costs and fees incurred by the applicant in bringing the action.
3. If an extended order is issued by a justices court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.
4. A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.
5. A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm.
Sec. 3. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode, and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
κ2001 Statutes of Nevada, Page 1217 (Chapter 268, AB 377)κ
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and
(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
(e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justices or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection [6] 7 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
4. As used in this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 4. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.172 and 62.175, a peace officer or probation officer may take into custody any child:
(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or
κ2001 Statutes of Nevada, Page 1218 (Chapter 268, AB 377)κ
(b) Whose conduct indicates that he is a child in need of supervision.
2. Except as otherwise provided in this section and NRS 62.172 and 484.383, if a child is taken into custody:
(a) The officer shall, without undue delay, attempt to notify, if known, the parent, guardian or custodian of the child;
(b) The facility in which the child is detained shall, without undue delay:
(1) Notify a probation officer; and
(2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and
(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
3. Except as otherwise provided in this section and NRS 62.172, if a child who is taken into custody is not released pursuant to subsection 2:
(a) The child must be taken without unnecessary delay to:
(1) The court; or
(2) The place of detention designated by the court and, as soon as possible thereafter, the fact of detention must be reported to the court; and
(b) Pending further disposition of the case, the court may order that the child be:
(1) Released to the custody of the parent or other person appointed by the court;
(2) Detained in such place as is designated by the court, subject to further order of the court; or
(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.
4. A child who is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018 must not be released from custody sooner than 12 hours after he is taken into custody.
5. A child who is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS must not be released from custody sooner than 12 hours after he is taken into custody if the peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
6. Except as otherwise provided in [subsection] subsections 4 and 5 and NRS 62.172, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:
κ2001 Statutes of Nevada, Page 1219 (Chapter 268, AB 377)κ
the secure detention of juveniles unless there is probable cause to believe that:
(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;
(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;
(c) The child was brought to the probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
[6.] 7. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:
(a) A facility for the secure detention of juveniles; or
(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.
[7.] 8. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
[8.] 9. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:
(a) Within 24 hours after the child submits a written application;
(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;
(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or
(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,
whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
[9.] 10. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.
[10.] 11. Except as otherwise provided in subsection [11,] 12, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:
κ2001 Statutes of Nevada, Page 1220 (Chapter 268, AB 377)κ
(a) Has threatened to run away from home or from the shelter;
(b) Is accused of violent behavior at home; or
(c) Is accused of violating the terms of his supervision and consent decree.
If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.
[11.] 12. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection [10,] 11, if the court holds a detention hearing and determines the child:
(a) Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.
If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.
[12.] 13. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.
[13.] 14. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.
Sec. 5. NRS 62.172 is hereby amended to read as follows:
62.172 1. If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an offense that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.
2. If a child is taken into custody for an offense described in subsection 1, the child must not be released before a detention hearing is held pursuant to subsection [8] 9 of NRS 62.170.
3. At a detention hearing held pursuant to subsection [8] 9 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:
(a) Detained at a facility for the detention of juveniles; or
(b) Placed under a program of supervision in his home that may include electronic surveillance of the child.
κ2001 Statutes of Nevada, Page 1221 (Chapter 268, AB 377)κ
4. If a child is evaluated by a qualified professional pursuant to subsection 3, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.
5. As used in this section:
(a) Firearm has the meaning ascribed to it in subsection 1 of NRS 202.253.
(b) Qualified professional means:
(1) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;
(2) A psychologist licensed to practice in this state;
(3) A social worker holding a masters degree in social work and licensed in this state as a clinical social worker;
(4) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or
(5) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.
Sec. 6. Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence which is issued in an action or proceeding brought pursuant to this Title must provide notice that a person who is arrested for violating the order or injunction will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm.
2. For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
Sec. 7. NRS 171.1225 is hereby amended to read as follows:
171.1225 1. When investigating an act of domestic violence, a peace officer shall:
(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
(1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.
(2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.
κ2001 Statutes of Nevada, Page 1222 (Chapter 268, AB 377)κ
marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.
(3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.
(4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.
(5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your children;
(V) Stay away from any place you or your children regularly go; and
(VI) Avoid or limit all communication with you or your children.
(6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:
(I) The rent or mortgage due on the place in which you live;
(II) The amount of money necessary for the support of your children; and
(III) Part or all of the costs incurred by you in obtaining the order for protection.
(7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.
(8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested [.] and, if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm, he will not be admitted to bail sooner than 12 hours after his arrest.
(9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at ........................ (state toll-free telephone number of statewide program).
2. As used in this section, act of domestic violence means any of the following acts committed by a person against his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child:
(a) A battery.
(b) An assault.
κ2001 Statutes of Nevada, Page 1223 (Chapter 268, AB 377)κ
(c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(f) False imprisonment.
(g) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
3. The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.
4. As used in this section, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 8. NRS 178.484 is hereby amended to read as follows:
178.484 1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail;
(b) The state board of parole commissioners directs the detention facility to admit the person to bail; or
(c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail; or
(b) A department of alternative sentencing directs the detention facility to admit the person to bail.
4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
5. A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
κ2001 Statutes of Nevada, Page 1224 (Chapter 268, AB 377)κ
arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;
(b) Five thousand dollars, if the person has:
(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or
(2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or
(c) Fifteen thousand dollars, if the person has:
(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or
(2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.
The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court [.] , or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
6. A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS must not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS;
(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS; or
κ2001 Statutes of Nevada, Page 1225 (Chapter 268, AB 377)κ
extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS; or
(c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS.
The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS if the person has been convicted of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
7. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.
[7.] 8. Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:
(a) Requiring the person to remain in this state or a certain county within this state;
(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;
(c) Prohibiting the person from entering a certain geographic area; or
(d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.
In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.
[8.] 9. If a person fails to comply with a condition imposed pursuant to subsection [7,] 8, the court may, after providing the person with reasonable notice and an opportunity for a hearing:
(a) Deem such conduct a contempt pursuant to NRS 22.010; or
(b) Increase the amount of bail pursuant to NRS 178.499.
[9.] 10. An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.
κ2001 Statutes of Nevada, Page 1226 (Chapter 268, AB 377)κ
[10.] 11. Before a person may be admitted to bail, he must sign a document stating that:
(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;
(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and
(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.
[11.] 12. If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.
13. For the purposes of subsection 6, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
Sec. 9. NRS 178.4851 is hereby amended to read as follows:
178.4851 1. Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that he will appear at all times and places ordered by the court.
2. In releasing a person without bail the court may impose such conditions as it deems necessary to protect the health, safety and welfare of the community and to ensure that he will appear at all times and places ordered by the court, including, without limitation, any condition set forth in subsection [7] 8 of NRS 178.484.
3. Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.
4. Before a person may be released without bail, he must file with the clerk of the court of competent jurisdiction a signed document stating that:
(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;
(b) He will comply with the other conditions which have been imposed by the court and are stated in the document;
(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings; and
(d) He understands that any court of competent jurisdiction may revoke the order of release without bail and may order him into custody or require him to furnish bail or otherwise ensure the protection of the health, safety and welfare of the community or his appearance.
5. If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.
κ2001 Statutes of Nevada, Page 1227 (Chapter 268, AB 377)κ
6. An order issued pursuant to this section that imposes a condition on a person who is released without bail must include a provision ordering a law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his release.
Sec. 10. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 11. The amendatory provisions of this act do not apply to a person who is admitted to bail before October 1, 2001.
________
Senate Bill No. 57Senator Carlton
CHAPTER 269
AN ACT relating to legislators; prohibiting a private contract of employment that provides for a loss of job seniority for a legislator because of the legislators attendance at certain meetings during the legislative interim; requiring public and certain private employers to grant leave for employees who are legislators to attend certain meetings during the legislative interim; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.044 is hereby amended to read as follows:
218.044 1. [On and after April 8, 1967, no] No contract of employment wherein a private individual, corporation, association or partnership is the employer is lawful or enforceable in this state which works a loss of job seniority of any person by reason of his absence from his regular duties or place of employment while attending a regular or special session of the legislature of this state as a member thereof [.] or while attending a meeting for which leave is required pursuant to subsection 3.
2. The presence in a general contract between employer and employees or their representative of any provision which violates subsection 1 does not affect the validity of any other and separable provision.
3. Any private employer who has more than 50 employees or any public employer who employs a person who is a member of the legislature shall grant leave to the employee, with or without pay at the discretion of the employer, for the employees attendance during the legislative interim at a:
(a) Meeting of the legislative commission of which the employee is a member or a subcommittee of the legislative commission of which the employee is a member;
(b) Meeting of the interim finance committee of which the employee is a member or other legislative committee or subcommittee created by statute of which the employee is a member;
(c) Meeting of an interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 of which the employee is a member or any other committee established by the legislature which conducts an interim legislative study of which the employee is a member; or
κ2001 Statutes of Nevada, Page 1228 (Chapter 269, SB 57)κ
(d) Meeting of a committee, other than a legislative committee, if the employee is a member of the committee in his official capacity as a legislator.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 88Senators Rhoads and McGinness
CHAPTER 270
AN ACT relating to statutory liens; providing for the creation and foreclosure of a lien for farm products; and providing other matters properly relating thereto.
[Approved: May 31, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Cash means coin or currency of the United States. The term does not include a check or money order.
Sec. 4. Farm product includes every agricultural, horticultural, viticultural or vegetable product grown and harvested in this state. The term does not include timber or a timber product.
Sec. 5. Processed farm product includes, without limitation, a farm product in a preserved, manufactured or processed form.
Sec. 6. 1. Processor means a person who:
(a) Is engaged in the business of processing or manufacturing farm products; and
(b) Solicits, buys, contracts to buy or otherwise takes title to, or possession or control of, farm products from the producer for the purposes of processing, manufacturing, selling, reselling or redelivering the farm product.
2. The term does not include a retail merchant who:
(a) Has a fixed or established place of business in this state; and
(b) Does not sell at wholesale a farm product that is processed or manufactured by him.
Sec. 7. Producer means a person who is engaged in the business of growing or producing a farm product in this state.
Sec. 8. 1. In addition to all other rights and remedies which are provided by law, a producer that delivers or sells a farm product which is grown by him to a processor pursuant to a contract, express or implied, has a lien for the labor, care and expense in growing and harvesting the farm product upon:
(a) The farm product;
(b) The processed farm product derived from the farm product; and
(c) The proceeds of a sale of the farm product or the processed farm product.
κ2001 Statutes of Nevada, Page 1229 (Chapter 270, SB 88)κ
2. A lien on a farm product, processed farm product, or proceeds from the sale of a farm product or processed farm product extends to an amount of the farm product, processed farm product or proceeds equal in value to the agreed price or an agreed method for determining the price for the farm product. For purposes of determining the extent of the lien, the value of the farm product is the market value of the farm product on the date of delivery of the farm product to the processor.
3. Any portion of the farm product, processed farm product or proceeds in excess of the amount necessary to satisfy the total amount owed to a producer pursuant to a contract is free of the lien provided by this section.
Sec. 9. 1. Unless released by payment or by security which is given for payment before attachment of a lien, the lien of a producer pursuant to section 8 of this act:
(a) Attaches on the date of delivery of the farm product by a producer to a processor; and
(b) Is a preferred lien and superior to all other liens, claims or encumbrances, except:
(1) Claims for wages and salaries for personal services and labor which are rendered by a person to a processor in connection with the processing of the farm product after the delivery of the farm product to the processor; or
(2) The lien of a warehouseman pursuant to chapter 104 of NRS.
2. The lien of a producer for a series of deliveries of a farm product attaches on the date of the last delivery.
Sec. 10. 1. To perfect the lien provided for in section 8 of this act, a producer must, not later than 45 days after the date on which the lien attaches pursuant to section 9 of this act, file a notice of the lien in the office of the secretary of state.
2. A notice of lien that is filed pursuant to subsection 1 must be verified by the oath of the producer and must contain:
(a) The name of the producer;
(b) The name of the processor;
(c) A statement of the terms and conditions of the contract between the producer and the processor; and
(d) The total amount owed to the producer by the processor under the terms of the contract, after deducting any applicable credits or offsets.
3. Not later than 24 hours after filing a notice of lien pursuant to this section, a producer shall send a copy of the notice of lien to the processor by certified mail.
Sec. 11. 1. The lien provided for in section 8 of this act applies to any farm product and any processed farm product in the possession of the processor.
2. For the purposes of this section, a farm product or a processed farm product deposited by a processor with a warehouse, whether or not warehouse receipts are given as security to a lender, shall be deemed to be in the possession of the processor and subject to the lien of the producer.
3. As used in this section:
(a) Lender includes any person who advances new value to a processor.
κ2001 Statutes of Nevada, Page 1230 (Chapter 270, SB 88)κ
(b) New value includes a new advance or loan, whether in money or property, that is made by a lender to a processor. The term does not include an:
(1) Extension or renewal of an existing obligation of the processor; or
(2) Obligation that is substituted for an existing obligation of the processor.
Sec. 12. 1. A lien on a farm product or processed farm product may be released to the extent that the value of the claim upon the farm product or processed farm product is secured by:
(a) A surety bond;
(b) A cash deposit; or
(c) Other security given and approved by a produce