κ2001 Statutes of Nevada, Page 1571κ
Assembly Bill No. 431Assemblyman Oceguera
CHAPTER 332
AN ACT relating to the public employees retirement system; requiring the public employees retirement board to conduct a study regarding lump-sum optional retirement programs; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The public employees retirement board shall conduct a study regarding lump-sum optional retirement programs, including, without limitation, deferred retirement option plans, to determine whether one or more of such programs would be beneficial for members of the public employees retirement system and participating public employers.
2. The public employees retirement board shall submit a final report of the study to the legislative commission on or before August 1, 2002. If applicable, the final report must contain recommendations for legislation to carry out one or more lump-sum optional retirement programs.
Sec. 2. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 601Committee on Ways and Means
CHAPTER 333
AN ACT relating to state financial administration; restricting the ability of a state agency to enter into certain agreements to purchase real property; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a state agency or person acting on the behalf of a state agency may enter into a long-term agreement to purchase unimproved real property, improved real property or improvements to real property, the purchase must be approved by the legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the interim finance committee when the legislature is not in regular session.
2. This section does not affect any agreement, including, without limitation, a long-term agreement, to purchase personal property.
3. As used in this section:
(a) Long-term agreement means an agreement to purchase property, in the form of a lease or an agreement to pay in installments, pursuant to which the State of Nevada or a state agency may pay the purchase price of the property over a period that extends beyond the biennium in which the agreement is executed, including, without limitation:
κ2001 Statutes of Nevada, Page 1572 (Chapter 333, AB 601)κ
the property over a period that extends beyond the biennium in which the agreement is executed, including, without limitation:
(1) An agreement pursuant to which the State of Nevada or a state agency may acquire the property that is the subject of the agreement at the end of the term of the agreement or the end of the term of a renewal of the agreement upon payment of no additional consideration or nominal additional consideration; and
(2) An agreement that, for the purposes of federal income tax, is treated as an agreement for conditional sale.
(b) State agency means an agency, bureau, board, commission, department, division or any other unit of the government of this state that is required to submit information to the chief pursuant to subsection 1 or 6 of NRS 353.210.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 221Committee on Natural Resources
CHAPTER 334
AN ACT relating to taxation; authorizing the City Council of the City of Reno to increase the tax on the rental of transient lodging and levy special assessments in a certain area of the City of Reno to pay the costs of certain capital improvement projects; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
Whereas, The Legislature hereby finds and declares that a general law cannot be made applicable for all provisions of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments, the patterns of the business of tourism in Washoe County and the special conditions experienced in the City of Reno related to the need to revitalize specific areas of downtown Reno to promote tourism; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432, Statutes of Nevada 1999, at page 2011, is hereby amended by adding thereto a new section to be designated as section 6.5, immediately following section 6, to read as follows:
Sec. 6.5. 1. The City Council of the City of Reno may by ordinance create a local improvement district and levy special assessments within that district to provide money to acquire, establish, construct, expand, equip, improve, operate and maintain capital improvement projects which have been approved by the Truckee Meadows Tourism Facility and Revitalization Steering Committee pursuant to subsection 2 of section 6 of this act. If the City Council creates a local improvement district pursuant to this subsection:
(a) Except as otherwise provided in this section, the creation of the local improvement district and the levying of the special assessments within that district must be carried out in the manner provided for a street beautification project in chapter 271 of NRS; and
κ2001 Statutes of Nevada, Page 1573 (Chapter 334, SB 221)κ
(b) The boundaries of the local improvement district must be as prescribed by the City Council in the ordinance creating the district, except that the boundaries must include only property that is located in or within 4 city blocks, as determined by the City Council, of a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.
2. Any special assessments levied pursuant to this section must be apportioned based on the special benefit derived by the property being assessed from the capital improvement project for which the assessment is being levied. The City Council may use one or any combination of the following methods that, in the determination of the City Council, reflects most accurately the special benefits derived by the property so assessed:
(a) A method by which the assessment or a portion thereof is proportionate to the assessed value of the property for purposes of ad valorem taxation, as that value may change from year to year;
(b) A method by which the assessment or a portion thereof is proportionate to the number of rooms for which the owner of the property pays the tax on the rental of transient lodging, as that number of rooms may change from year to year;
(c) A method by which the assessment or a portion thereof is proportionate to, or otherwise related to, the distance of the property from the project for which the assessment is being levied; or
(d) A method by which the assessment or a portion thereof is proportionate to the gross or net square footage of the property that is used for retail sales, gaming, transient lodging or for any other purpose determined by the City Council to be specially benefited by the project for which the assessment is being levied, as that square footage may change from year to year.
3. The City Council may determine that certain uses of property will not be specially benefited by a capital improvement project for which the local improvement district is being created. If the City Council makes such a determination, the City Council shall set forth in the ordinance creating the local improvement district:
(a) The uses of property that the City Council has determined will not be specially benefited by a capital improvement project for which the local improvement district is being created;
(b) A date in each year after the creation of the local improvement district on which the City Council will determine whether each property within the local improvement district is being used, in whole or in part, for such a specified nonbenefited use;
(c) Whether a property that is used in part for such a specified nonbenefited use will be assessed and, if so, whether and in what manner the assessment will be reduced to reflect the specified nonbenefited use; and
(d) Any other matter that the City Council determines is necessary or desirable in connection with the assessment of properties based in whole or in part on the use of the properties on the date in each year established pursuant to paragraph (b).
κ2001 Statutes of Nevada, Page 1574 (Chapter 334, SB 221)κ
4. The assessments set forth in the assessment roll with regard to which a hearing is held pursuant to NRS 271.380 must reflect the adjustments, if any, made to assessments based on the use of a property, in whole or in part, for one or more of the nonbenefited uses specified in the ordinance creating the local improvement district pursuant to subsection 3. In addition to the requirements of subsection 2 of NRS 271.380, the notice of hearing must state that:
(a) Any adjustment to the assessments based on the uses made of certain properties as of the date specified pursuant to paragraph (b) of subsection 3 are shown on the assessment roll; and
(b) A person who objects to the assessment roll, an adjustment to the assessment roll or any determination made by the City Council in connection with the assessment roll or an adjustment thereto must file an objection in writing in the manner and within the period prescribed by paragraph (e) of subsection 2 of NRS 271.380 and if he fails to do so, his objection shall be deemed waived.
5. Notwithstanding the method or methods of apportionment selected pursuant to subsection 2, the City Council shall, if it determines that an equitable adjustment is appropriate, make an equitable adjustment to an assessment against an irregularly shaped property for which the selected method or methods of apportionment do not result in an assessment that is in proportion to the special benefit that the property derives from the project for which the assessment is being levied.
6. An assessment apportioned pursuant to the method described in paragraph (a) of subsection 2 must not be considered a property tax for the purpose of any limitation on the rate of property taxation.
7. The following determinations made by the City Council are conclusive in the absence of fraud or a gross abuse of discretion:
(a) The boundaries of the local improvement district, the specification of uses of properties that are not specially benefited by a capital improvement project for which the assessments are being levied, the method or methods of apportioning the assessments and the special benefits to be derived from the project by the properties being assessed, as made after a hearing on the provisional order for the local improvement district as provided in chapter 271 of NRS; and
(b) The apportionment of the assessments against properties in the local improvement district in each year after the creation of the local improvement district, whether or not a property is being used, in whole or in part, for a use that is specified in the ordinance creating the local improvement district as a use which is not specially benefited by the capital improvement project for which the assessments are being levied and any other matter concerning the amounts of the assessments against properties, as made after the hearing held on the assessments in the manner provided in NRS 271.378.
Sec. 2. Section 1 of chapter 432, Statutes of Nevada 1999, at page 2012, is hereby amended to read as follows:
Section 1. 1. A tax at the rate of:
(a) Three percent of the gross receipts from the rental of transient lodging is hereby imposed in:
(1) The unincorporated area of Washoe County; and
κ2001 Statutes of Nevada, Page 1575 (Chapter 334, SB 221)κ
(2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.
(b) Two percent of the gross receipts from the rental of transient lodging is hereby imposed in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.
(c) An additional 1 1/2 percent of the gross receipts from the rental of transient lodging is hereby authorized to be imposed by the City Council of the City of Reno on or after July 1, 2001, in an area determined by the City Council to specially benefit from the capital improvement projects financed by bonds issued by the Reno Redevelopment Agency pursuant to section 2 of this act. Such an area may include only property located in or within 4 city blocks, as determined by the City Council, of the district described in paragraph (b). The determination of the City Council of such an area is conclusive in the absence of fraud or a gross abuse of discretion.
2. The [tax] taxes imposed pursuant to this section must:
(a) Be in addition to all other taxes imposed on the revenue from the rental of transient lodging in Washoe County and the incorporated cities in Washoe County;
(b) Be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 244.3352;
(c) Be paid to the Reno/Sparks Convention and Visitors Authority, which shall distribute the proceeds from the [tax] taxes in the manner set forth in section 2 of this act; and
(d) Not be collected after the date on which the notes, bonds and other obligations described in subsections 1 and 2 of section 2 of this act have been fully paid.
3. All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the Truckee Meadows Tourism Facility and Revitalization Steering Committee and the Sparks Tourism and Marketing Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the [tax] taxes imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.
4. As used in this section, gross receipts from the rental of transient lodging does not include the tax imposed or collected from paying guests pursuant to this section.
Sec. 3. Section 2 of chapter 432, Statutes of Nevada 1999, at page 2012, is hereby amended to read as follows:
Sec. 2. The proceeds of the [tax] taxes imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:
1. An amount equal to:
(a) Two-thirds of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in:
κ2001 Statutes of Nevada, Page 1576 (Chapter 334, SB 221)κ
(1) The unincorporated area of Washoe County; and
(2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and
(b) All of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of section 1 of this act collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,
must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the [tax] taxes pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.
2. From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the [tax] taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:
(a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and
(b) One-third for the support of the National Bowling Stadium,
until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act, the money described in this subsection and all of the proceeds of the tax imposed pursuant to paragraph (c) of subsection 1 of section 1 of this act must, notwithstanding the provisions of NRS 279.619, be used to acquire, establish, construct, expand , [and] equip , improve, operate and maintain such projects, and to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.
κ2001 Statutes of Nevada, Page 1577 (Chapter 334, SB 221)κ
3. From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:
(a) On July 1, 2000, an amount not to exceed $100,000.
(b) On July 1, 2001, an amount not to exceed $100,000.
(c) On July 1, 2002, an amount not to exceed $200,000.
(d) On July 1, 2003, an amount not to exceed $200,000.
(e) On July 1, 2004, an amount not to exceed $250,000.
(f) On July 1, 2005, an amount not to exceed $250,000.
(g) On July 1, 2006, an amount not to exceed $350,000.
(h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the [tax] taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any.
4. The remainder of the one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those subsections, must be distributed in the following manner:
(a) Two‑thirds to the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.
(b) One‑third to be used as set forth in subsection 2.
Sec. 4. Section 6 of chapter 432, Statutes of Nevada 1999, at page 2015, is hereby amended to read as follows:
Sec. 6. 1. The Truckee Meadows Tourism Facility and Revitalization Steering Committee shall develop a master plan which identifies:
(a) Proposed capital improvement projects that the Committee determines to be advisable to promote tourism in Washoe County; and
(b) The method or methods pursuant to which the proposed capital improvement projects identified in paragraph (a) will be financed.
2. Capital improvement projects identified pursuant to this section must be:
(a) Approved by a two-thirds vote of the members of the Committee; and
κ2001 Statutes of Nevada, Page 1578 (Chapter 334, SB 221)κ
(b) Located in or within 2 city blocks, as determined by the Committee, of a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.
3. The Reno Redevelopment Agency may enter into a contract with an entity whose members, shareholders or partners include, or that is owned or controlled by, one or more of the businesses located in or within 4 city blocks, as determined by the City Council of the City of Reno, of the district described in paragraph (b) of subsection 2 pursuant to which the entity is authorized to acquire, establish, construct, expand, equip, improve, own, operate and maintain capital improvement projects identified pursuant to this section. The provisions of any law requiring competitive bidding, including, without limitation, chapters 279, 332 and 338 of NRS, do not apply to:
(a) A contract entered into pursuant to this subsection between the Reno Redevelopment Agency and such an entity; or
(b) A contract pursuant to which such an entity acquires, establishes, constructs, expands, equips, improves, owns, operates or maintains a capital improvement project identified pursuant to this section.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 227Committee on Government Affairs
CHAPTER 335
AN ACT relating to taxation; revising the requirements for certain property of recycling businesses to be exempt from taxation; revising, for a limited period, certain partial abatements from taxation for facilities for the generation of electricity from renewable energy; repealing the provisions that exempt from taxation certain property of businesses that use a facility for the production of electrical energy from solar energy; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.0685 is hereby amended to read as follows:
361.0685 1. Except as otherwise provided in this section, if a:
(a) Business that engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site; or
(b) Business that includes as a primary component a facility for the [production of electrical energy] generation of electricity from recycled material,
is found by the commission on economic development to have as a primary purpose the conservation of energy or the substitution of other sources of energy for fossil sources of energy and obtains certification from the commission on economic development pursuant to NRS [231.139, 75 percent of the personal and real property of the business is exempt from taxation.
κ2001 Statutes of Nevada, Page 1579 (Chapter 335, SB 227)κ
percent of the personal and real property of the business is exempt from taxation.
2. Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in this state for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the period for which the exemption was granted or until the business discontinues in operation in this state, whichever occurs first.
3. The exemption] 360.750, the commission may, if the business additionally satisfies the requirements set forth in subsection 2 of NRS 361.0687, grant to the business a partial abatement from the taxes imposed on real property by this chapter.
2. If a partial abatement from the taxes imposed on real property by this chapter is approved by the commission on economic development pursuant to NRS 360.750 for a business described in subsection 1:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on real property payable by the business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
3. The partial abatement provided in this section applies only to the business for which certification was granted pursuant to NRS [231.139] 360.750 and the property used in connection with that business. The exemption does not apply to property in this state that is not related to the business for which the certification was granted pursuant to NRS [231.139] 360.750 or to property in existence and subject to taxation before the certification was granted.
4. [Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.
5.] As used in this section, a facility for the [production of electrical energy] generation of electricity from recycled material is a facility which uses recycled material as its primary fuel including material from:
(a) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;
(b) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and
(c) Municipal waste, such as sewage and sludge.
κ2001 Statutes of Nevada, Page 1580 (Chapter 335, SB 227)κ
The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel.
Sec. 2. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) If the business is a new business in a county or city whose population is 50,000 or more:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
(b) If the business is a new business in a county or city whose population is less than 50,000:
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
3. [If] Except as otherwise provided in NRS 361.0685 and subsection 4, if a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
4. If a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750 for a facility for the generation of electricity from renewable energy:
κ2001 Statutes of Nevada, Page 1581 (Chapter 335, SB 227)κ
(a) The partial abatement must be:
(1) For a duration of 10 years;
(2) Equal to 50 percent of the taxes on real and personal property payable by the facility each year pursuant to this chapter; and
(3) Administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall:
(1) Notify the county assessor of the county in which the facility is located of the approval of the partial abatement; and
(2) Advise the county assessor of the county in which the facility is located as to the dates on which the partial abatement will begin and end.
5. As used in this section:
(a) Biomass means any organic matter that is available on a renewable basis, including, without limitation:
(1) Agricultural crops and agricultural wastes and residues;
(2) Wood and wood wastes and residues;
(3) Animal wastes;
(4) Municipal wastes; and
(5) Aquatic plants.
(b) Facility for the generation of electricity from renewable energy means a facility for the generation of electricity that:
(1) Uses renewable energy as its primary source of energy; and
(2) Has a generating capacity of at least 10 kilowatts.
The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity. The term does not include a facility that is located on residential property.
(c) Industrial or manufacturing business does not include a facility for the generation of electricity from renewable energy.
(d) Renewable energy means:
(1) Biomass;
(2) Solar energy; or
(3) Wind.
The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
Sec. 3. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) If the business is a new business in a county or city whose population is 50,000 or more:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
κ2001 Statutes of Nevada, Page 1582 (Chapter 335, SB 227)κ
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
(b) If the business is a new business in a county or city whose population is less than 50,000:
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
3. [If] Except as otherwise provided in NRS 361.0685, if a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
Sec. 4. NRS 361.079 is hereby amended to read as follows:
361.079 1. Except as otherwise provided in subsection 2, for any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.
2. Value added by a qualified system must not be excluded from the assessed value of a commercial or industrial building during any period in which the business that owns the commercial or industrial building is receiving another abatement or exemption from the taxes imposed by this chapter.
3. As used in this section, qualified system means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential, commercial or industrial building to heat or cool the building or water used in the building, or to provide electricity used in the building, by using:
(a) Energy from the wind or from solar devices not thermally insulated from the area where the energy is used;
(b) Geothermal resources;
(c) Energy derived from conversion of solid wastes; or
(d) [Water power,] Waterpower,
which conforms to standards established by regulation of the department.
κ2001 Statutes of Nevada, Page 1583 (Chapter 335, SB 227)κ
[2. For any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.]
Sec. 5. NRS 374.357 is hereby amended to read as follows:
374.357 1. A person who maintains a business or intends to locate a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for an abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use by a business which has been approved for an abatement pursuant to NRS 360.750.
2. [If] Except as otherwise provided in subsection 3, if an application for an abatement is approved pursuant to NRS 360.750:
(a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for not more than 2 years.
(b) The abatement must be administered and carried out in the manner set forth in NRS 360.750.
3. If an application for an abatement is approved pursuant to NRS 360.750 for a facility for the generation of electricity from renewable energy:
(a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for 2 years.
(b) The abatement must be administered and carried out in the manner set forth in NRS 360.750.
4. As used in this section, unless the context otherwise requires [, eligible] :
(a) Biomass means any organic matter that is available on a renewable basis, including, without limitation:
(1) Agricultural crops and agricultural wastes and residues;
(2) Wood and wood wastes and residues;
(3) Animal wastes;
(4) Municipal wastes; and
(5) Aquatic plants.
(b) Eligible machinery or equipment means :
(1) If the business that qualifies for the abatement is not a facility for the generation of electricity from renewable energy, machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:
[(a)] (I) Buildings or the structural components of buildings;
[(b)] (II) Equipment used by a public utility;
[(c)] (III) Equipment used for medical treatment;
[(d)] (IV) Machinery or equipment used in mining; or
[(e)] (V) Machinery or equipment used in gaming.
(2) If the business that qualifies for the abatement is a facility for the generation of electricity from renewable energy, all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity.
(c) Facility for the generation of electricity from renewable energy means a facility for the generation of electricity that:
(1) Uses renewable energy as its primary source of energy; and
(2) Has a generating capacity of at least 10 kilowatts.The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity.
κ2001 Statutes of Nevada, Page 1584 (Chapter 335, SB 227)κ
The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity. The term does not include a facility that is located on residential property.
(d) Fuel cell means a device or contrivance which, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.
(e) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:
(1) Biomass;
(2) Fuel cells;
(3) Geothermal energy;
(4) Solar energy;
(5) Waterpower; and
(6) Wind.
The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
Sec. 6. NRS 231.139 is hereby amended to read as follows:
231.139 1. The commission on economic development shall certify a business for the benefits provided pursuant to NRS 704.223 if the commission finds that:
(a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;
(b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;
(c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and
(d) The economic benefit to the state of approving the certification exceeds the cost to the state.
2. [The commission on economic development shall certify a business for the benefits provided pursuant to NRS 361.0685 if the commission finds that:
(a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;
(b) Establishing the business will require the business to make a capital investment of $15,000,000 in Nevada; and
(c) The economic benefit to the state of approving the certification exceeds the cost to the state.
3.] The commission on economic development may:
(a) Request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the commission pursuant to this section and NRS 704.032.
(b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the commission in investigating and ruling on the application.
(c) Adopt such regulations as it deems necessary to carry out the provisions of this section.
Sec. 7. NRS 361.0785 is hereby repealed.
κ2001 Statutes of Nevada, Page 1585 (Chapter 335, SB 227)κ
Sec. 8. 1. Except as otherwise provided in this section, notwithstanding subsection 2 of section 9 of this act, if the commission on economic development, during the period from July 1, 2001, through June 30, 2005, grants a partial abatement of tax pursuant to NRS 360.750 for a facility for the production of electricity from renewable energy and the partial abatement is for the tax imposed pursuant to:
(a) Chapter 361 of NRS, the duration of the partial abatement must be 10 years and the terms and conditions of the partial abatement must be as set forth in NRS 361.0687, as amended by section 2 of this act.
(b) Chapter 374 of NRS, the duration of the partial abatement must be 2 years and the terms and conditions of the partial abatement must be as set forth in NRS 374.357, as amended by section 5 of this act.
2. The provisions of subsection 1 do not prevent the commission on economic development, the department of taxation or the Nevada tax commission from exercising any enforcement authority provided by law to ensure that the facility for which the abatement was granted continues to be operated in a manner that is consistent with the terms and conditions pursuant to which the abatement was granted.
3. As used in this section, facility for the generation of electricity from renewable energy:
(a) For the purposes of the partial abatement described in NRS 361.0687, has the meaning ascribed to it in section 2 of this act.
(b) For the purposes of the partial abatement described in NRS 374.357, has the meaning ascribed to it in section 5 of this act.
Sec. 9. 1. This section and sections 1, 2 and 4 to 8, inclusive, of this act become effective on July 1, 2001.
2. Sections 2 and 5 of this act expire by limitation on June 30, 2005.
3. Section 3 of this act becomes effective on July 1, 2005.
________
Senate Bill No. 238Committee on Taxation
CHAPTER 336
AN ACT relating to taxation; providing certain rights for taxpayers of the tax on the transfer of real property; establishing provisions relating to the collection and enforcement of the tax on the transfer of real property; eliminating certain exemptions from the tax on the transfer of real property; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 375 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. Section 3 of this act may be cited as the Taxpayers Bill of Rights for Taxes on the Transfer of Real Property.
Sec. 3. 1. The legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the county recorder with courtesy, fairness, uniformity, consistency and common sense.
κ2001 Statutes of Nevada, Page 1586 (Chapter 336, SB 238)κ
(b) To a prompt response from the county recorder to each communication from the taxpayer.
(c) To provide the minimum documentation and other information as may reasonably be required by the county recorder to carry out his duties.
(d) To be notified, in writing, by the county recorder whenever an officer or employee of the county recorder determines that the taxpayer is entitled to an exemption or has been taxed more than is required pursuant to this chapter.
(e) To written instructions indicating how the taxpayer may petition for a refund for overpayment of real property transfer tax, interest or penalties.
(f) To recover an overpayment of real property transfer tax promptly upon the final determination of such an overpayment.
(g) To obtain specific advice from the county recorder concerning real property transfer tax.
(h) In any meeting with the county recorder, including an audit, conference, interview or hearing:
(1) To an explanation by an officer, agent or employee of the county recorder that describes the procedures to be followed and the rights of the taxpayer thereunder;
(2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the county recorder;
(3) To make an audio recording using the taxpayers equipment and at the taxpayers expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the county recorder relating to the determination or collection of any tax for which the taxpayer is assessed pursuant to this chapter, upon payment of the actual cost to the county recorder of making the copy.
(i) To a full explanation of the authority of the county recorder to collect the real property transfer tax or to collect delinquent real property transfer tax, including, without limitation, the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the county.
(j) To the immediate release of any lien which the county recorder has placed on real property for the nonpayment of the real property transfer tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the county recorder;
(4) The county recorder determines that the taxes, interest and penalties are secured sufficiently by a lien on other real property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties; or
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties.
(k) To be free from harassment and intimidation by an officer or employee of the county recorder for any reason.
κ2001 Statutes of Nevada, Page 1587 (Chapter 336, SB 238)κ
2. The provisions of this chapter governing the administration and collection of taxes by the county recorder must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
3. The provisions of this section apply to the administration and collection of taxes pursuant to this chapter.
Sec. 4. The county recorder shall cause:
1. To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers Bill of Rights for Taxes on the Transfer of Real Property.
2. A copy of the pamphlet to be distributed:
(a) To each taxpayer upon request; and
(b) With each notice to a taxpayer that an audit will be conducted by the county recorder.
Sec. 5. The county recorder shall provide each taxpayer who it determines may be liable for taxes pursuant to this chapter with simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:
1. Keeping of records sufficient for audit purposes;
2. Procedures for paying the real property transfer tax; and
3. Procedures for challenging any liability for real property transfer tax, penalties or interest and for requesting refunds of erroneously paid real property transfer tax, including the steps for appealing a denial thereof.
Sec. 6. The county recorder shall provide a taxpayer with a response to any written request submitted by the taxpayer that relates to a real property transfer tax within 30 days after it receives the request.
Sec. 7. A taxpayer is entitled to receive on any overpayment of the real property transfer tax a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest on the real property transfer tax that is paid by a taxpayer.
Sec. 8. With regard to the administration of the real property transfer tax, the county recorder shall apply the following principles:
1. Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.
2. In cases where another authority, such as the United States or this state, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the county must be as nearly compatible with the collection of the other taxes as is feasible.
3. Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayers liability as predictable as is feasible.
4. Exemptions or waivers, where permitted by statute, must be granted:
(a) Equitably among eligible taxpayers; and
(b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax.
Sec. 9. If an officer or employee of the county recorder determines that a taxpayer is entitled to an exemption or has been taxed more than is required by law, he shall give written notice of that determination to the taxpayer. The notice must:
κ2001 Statutes of Nevada, Page 1588 (Chapter 336, SB 238)κ
1. Be given within 30 days after the officer or employee makes his determination or, if the determination is made as a result of an audit, within 30 days after the completion of the audit; and
2. If appropriate, include instructions indicating the manner in which the taxpayer may petition for a refund of any overpayment.
Sec. 10. The county recorder shall:
1. Conduct and apply audits and other procedures for enforcement as uniformly as is feasible.
2. Collect real property transfer tax due in an equitable manner, so that every taxpayer pays the full amount imposed by law.
Sec. 11. 1. The county recorder may audit all records relating to the collection and calculation of the real property transfer tax. If the county recorder deems it necessary to conduct an audit, the audit must be completed within 3 years after the date of the original recording of the document that evidences the transfer of property for which the tax was imposed.
2. The county recorder may issue subpoenas to require the production of documents necessary for him to determine the amount of real property transfer tax due pursuant to this chapter or to determine whether a person qualifies for an exemption from taxes pursuant to this chapter. The county recorder may have the subpoenas served, and upon application of the district attorney, to any court of competent jurisdiction, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
Sec. 12. 1. If an audit is conducted by the county recorder pursuant to the provisions of this chapter, the date on which the audit will be completed must be included in the notice to the taxpayer that the audit will be conducted.
2. The date on which the audit will be completed may be extended by the county recorder if the county recorder gives prior written notice of the extension to the taxpayer. The notice must include an explanation of the reason or reasons that the extension is required.
3. If, after the audit, the county recorder determines that delinquent taxes are due, interest and penalties may not be imposed for the period of the extension if the taxpayer did not request the extension or was not otherwise the cause of the extension.
Sec. 13. 1. The county recorder may waive any real property transfer tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation. If a waiver is granted pursuant to this subsection, the county shall prepare and maintain on file a statement that contains:
(a) The reason for the waiver;
(b) The amount of the tax, penalty and interest owed by the taxpayer; and
(c) The amount of the tax, penalty and interest waived by the county.
2. If the county recorder or a designated hearing officer finds that the failure of a person to make a timely payment of the real property transfer tax imposed is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent to avoid such payment, the county recorder may relieve him of all or part of any interest or penalty or both.
κ2001 Statutes of Nevada, Page 1589 (Chapter 336, SB 238)κ
3. If a person proves to the satisfaction of the county recorder that he has in good faith remitted the real property transfer tax in reliance upon written advice provided by an officer or employee of the county recorder, an opinion of the district attorney or attorney general, or the written results of an audit of his records conducted by the county recorder, the county recorder may not require the taxpayer to pay delinquent taxes, penalties or interest if the county recorder determines after the completion of a subsequent audit that the taxes the taxpayer remitted were deficient.
Sec. 14. Any amount determined to be refundable by the county recorder after an audit must be refunded to the taxpayer. If it is not possible to determine who paid the tax, the refund must be split equally between the seller and buyer.
Sec. 15. 1. After reviewing a petition for a refund, the county recorder or his designee shall approve or disapprove the refund. If the county recorder approves the refund, he shall grant the refund to the taxpayer.
2. If the county recorder denies a refund, the petitioner may file a written notice of appeal to the county recorder within 45 days after the date the county recorder decides to deny the petition. If notice is not received by the county recorder within 45 days after his decision to deny the petition, the decision of the county recorder is final.
3. If the county recorder receives a timely notice of appeal pursuant to subsection 2, he shall set a date for a hearing before a hearing officer and notify the parties of the date, place and time of the hearing.
Sec. 16. 1. Any person who is aggrieved by a decision of the county recorder made pursuant to this chapter may appeal the decision by filing a notice of appeal with the county recorder within 30 days after service of the decision upon that person.
2. A hearing officer, appointed by the county, may review any decision made by the county recorder and may reverse, affirm or modify any decision of the county recorder. A hearing officer appointed pursuant to this section must not be an employee of the county recorders office. A decision of a hearing officer is a final decision for purposes of judicial review.
3. Service of a decision made by the county recorder or a hearing officer pursuant to this chapter must be made personally or by certified mail. If service is made by certified mail:
(a) The decision must be enclosed in an envelope that is addressed to the taxpayer at his address as it appears on the declaration of value or in the records of the county.
(b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.
4. All decisions of the county recorder made pursuant to this chapter are final unless appealed.
5. A county recorder or local government that is a party and is aggrieved by the decision of the hearing officer may seek judicial review of the decision in the district court of that county.
Sec. 17. In an action relating to a tax imposed pursuant to this chapter, process must be served:
1. In accordance with the requirements for service of process set forth in the Nevada Rules of Civil Procedure; or
κ2001 Statutes of Nevada, Page 1590 (Chapter 336, SB 238)κ
2. By serving both the buyer and the seller at their place of residence in this state or their last known address.
Sec. 18. A certificate by the county recorder stating that real property has been released from a lien imposed pursuant to this chapter is conclusive evidence that the property has been released.
Sec. 19. 1. The amounts, including interest and penalties, required to be paid by any person pursuant to this chapter must be satisfied first if:
(a) The person is insolvent;
(b) The person makes a voluntary assignment of his assets;
(c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or
(d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the county recorder a preference over:
(a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in NRS 150.220.
Sec. 20. 1. The county or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent tax that is administered pursuant to this chapter:
(a) Within 3 years after the person is delinquent in the payment of the tax; or
(b) Within 5 years after the last recording of a certificate copy constituting a lien for the tax.
2. The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.
3. The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.
Sec. 21. The county may pay or advance to the sheriff or constable the same fees, commissions and expenses for acting upon the warrant as are provided by law for acting upon a writ of execution. The county must approve the fees for publication in a newspaper. Approval from a court is not required for the publication.
Sec. 22. 1. If a person is delinquent in the payment of the real property transfer tax or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:
(a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to section 16 of this act.
(b) Must be brought not later than 3 years after the payment became delinquent or the determination became final.
κ2001 Statutes of Nevada, Page 1591 (Chapter 336, SB 238)κ
2. The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trails and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.
3. In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:
(a) The determination of the tax or the amount of the tax;
(b) The delinquency of the amounts; and
(c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.
Sec. 23. The lien may, within 5 years after the date of the judgment or within 5 years after the last extension of the lien in a manner provided in this chapter, be extended by recording in the office of the county recorder a certified copy of the judgment, and from the time of that recording, the lien must be extended upon the property in that county for 5 years unless sooner released or otherwise discharged.
Sec. 24. 1. If any real property transfer tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:
(a) The amount of the real property transfer tax and any interest or penalties due;
(b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and
(c) That the county recorder has complied with all procedures required by law for determining the amount due.
2. From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:
(a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or
(b) A demand for payment if the property has been sold or otherwise transferred to another person.
3. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.
4. Within 5 years after the date of the judgment or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a certified copy of the judgment in the office of the county recorder. From the time of recording the judgment, the lien is extended for 5 years, unless sooner released or otherwise discharged.
Sec. 25. NRS 375.010 is hereby amended to read as follows:
375.010 The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
1. Buyer means a person or other legal entity acquiring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantee or other transferee of real property.
κ2001 Statutes of Nevada, Page 1592 (Chapter 336, SB 238)κ
2. Deed means every instrument in writing, except a last will and testament, whatever its form, and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years , [or] an easement [.] , a deed of trust or common law mortgage instrument that encumbers real property, an affidavit of surviving tenant or a conveyance of a right of way.
3. Escrow means the delivery of a deed by the seller into the hands of a third person, including an attorney, title company, real estate broker or other person engaged in the business of administering escrows for compensation, to be held by the third person until the happening of a contingency or performance of a condition, and then to be delivered by the third person to the buyer.
4. Seller means a person or other legal entity transferring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantor or other transferor of real property.
5. Value means:
(a) In the case of any deed not a gift, the amount of the full [, actual consideration] purchase price paid or to be paid for the real property . [, excluding the amount of any lien or liens assumed.]
(b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated [price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.] fair market value of the property.
As used in this section, estimated fair market value means the estimated price the real property would bring on the open market in a sale between a willing buyer and a willing seller. Such price may be derived from the assessors taxable value or the prior purchase price, if the prior purchase was within the 5 years immediately preceding the date of valuation, whichever is higher.
Sec. 26. NRS 375.020 is hereby amended to read as follows:
375.020 1. A tax, at the rate of:
(a) In a county whose population is 400,000 or more, $1.25; and
(b) In a county whose population is less than 400,000, 65 cents,
for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed [, exclusive of the value of any lien or encumbrance remaining on the interest or property at the time of sale,] exceeds $100.
2. The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.
Sec. 27. NRS 375.030 is hereby amended to read as follows:
375.030 1. If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and, if applicable, NRS 375.025, is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.
κ2001 Statutes of Nevada, Page 1593 (Chapter 336, SB 238)κ
2. The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and 375.025 or any penalties or interest imposed pursuant to subsection 3.
3. If after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer [or seller, or both,] and seller of the additional amount of tax due. [In addition to the additional amount determined to be due,] If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 [1/2] percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.
4. This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.
Sec. 28. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 and 375.025 does not apply to:
1. [Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.] A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.
2. A transfer of title to [or from] the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title to or from a trust, if the transfer is made without consideration [.] , and is made to or from:
(a) The trustor of the trust;
(b) The trustors legal representative; or
(c) A person related to the trustor in the first degree of consanguinity.As used in this subsection, legal representative has the meaning ascribed to it in NRS 167.020.
κ2001 Statutes of Nevada, Page 1594 (Chapter 336, SB 238)κ
As used in this subsection, legal representative has the meaning ascribed to it in NRS 167.020.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
11. A transfer, assignment or conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, [Title 11 of U.S.C.;] 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad , as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act , [; or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary of an affiliated corporation,]
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
13. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
14. A transfer to [or from] an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
15. A transfer to [or from] a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
16. A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, corporation sole means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.
Sec. 29. NRS 375.100 is hereby amended to read as follows:
375.100 The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter if the tax has not been paid [.] and is not subject to liability for refusing to record a deed or conveyance for which a tax imposed pursuant to this chapter has not been paid.
κ2001 Statutes of Nevada, Page 1595 (Chapter 336, SB 238)κ
Sec. 30. 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. 31. 1. This section and sections 1 to 12, inclusive, and 24 to 30, inclusive, of this act become effective on October 1, 2001.
2. Sections 13 to 23, inclusive, of this act become effective on January 1, 2002.
________
Senate Bill No. 381Senator Jacobsen
CHAPTER 337
AN ACT relating to taxation; revising the definitions of wholesale dealer and wholesale price for the purpose of imposing the tax on products made from tobacco, other than cigarettes; requiring the payment of the tax after the sale of the products by a wholesale dealer; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.440 is hereby amended to read as follows:
370.440 As used in NRS 370.440 to 370.503, inclusive, unless the context otherwise [provides:] requires:
1. Retail dealer means any person who is engaged in selling products made from tobacco, other than cigarettes, to customers.
2. Sale means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.
3. Ultimate consumer means a person who purchases a product made from tobacco, other than cigarettes, for his household or personal use and not for resale.
4. Wholesale dealer means any person who [purchases products made from tobacco, other than cigarettes, directly from the manufacturer or who purchases those products from any other person who purchases them from the manufacturer to sell to retail dealers and who serves retail outlets from an established place of business including, but not limited to, the maintenance of a warehouse for the storage and distribution of those products.
4.] :
(a) Brings or causes to be brought into this state products made from tobacco, other than cigarettes, purchased from the manufacturer or a wholesale dealer and who stores, sells or otherwise disposes of those products within this state;
(b) Manufactures or produces products made from tobacco, other than cigarettes, within this state and who sells or distributes those products within this state to other wholesale dealers, retail dealers or ultimate consumers; or
(c) Purchases products made from tobacco, other than cigarettes, solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only.
5. Wholesale price means :
κ2001 Statutes of Nevada, Page 1596 (Chapter 337, SB 381)κ
(a) Except as otherwise provided in paragraph (b), the established price for which a manufacturer sells a product made from tobacco, other than cigarettes, to a wholesale dealer before any discount or other reduction is made.
(b) For a product made from tobacco, other than cigarettes, sold to a retail dealer or an ultimate consumer by a wholesale dealer described in paragraph (b) of subsection 3, the established price for which the product is sold to the retail dealer or ultimate consumer before any discount or other reduction is made.
Sec. 2. NRS 370.450 is hereby amended to read as follows:
370.450 1. Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.
2. The provisions of subsection 1 do not apply to those products which are:
(a) Shipped out of the state for sale and use outside the state; or
(b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.
3. This tax must be collected and paid by the wholesale dealer to the department [before] , in accordance with the provisions of NRS 370.465, after the sale or distribution of those products [to the customer.] by the wholesale dealer. The wholesale dealer is entitled to retain 2 percent of the taxes collected to cover the costs of collecting and administering the taxes.
4. Any wholesale dealer who sells or distributes any of those products without [first] paying the tax provided for by this section is guilty of a misdemeanor.
Sec. 3. NRS 370.460 is hereby amended to read as follows:
370.460 It is unlawful for any person to sell or offer to sell any products made from tobacco, other than cigarettes, on which the tax [has not been] is not paid as provided for in NRS 370.450.
Sec. 4. NRS 370.465 is hereby amended to read as follows:
370.465 1. A wholesale dealer [or retail dealer] shall, not later than 20 days after the end of each month, submit to the department [:
(a) A list] a report on a form prescribed by the department setting forth each [purchase] sale of products made from tobacco, other than cigarettes, that [he] the wholesale dealer made during the previous month . [; and
(b) A copy of the invoice for each such purchase that is required to be provided to him pursuant to NRS 370.470.
2. The department shall maintain a record of the invoices for not less than 3 years after the receipt of those invoices.]
2. Each report submitted pursuant to this section on or after August 20, 2001, must be accompanied by the tax owed pursuant to NRS 370.450 for products made from tobacco, other than cigarettes, that were sold by the wholesale dealer during the previous month.
3. The department may impose a penalty on a wholesale dealer [or retail dealer] who violates any of the provisions of [subsection 1] this section as follows:
(a) For the first violation within 7 years, a fine of $1,000.
(b) For a second violation within 7 years, a fine of $5,000.
κ2001 Statutes of Nevada, Page 1597 (Chapter 337, SB 381)κ
(c) For a third or subsequent violation within 7 years, revocation of the license of the wholesale dealer . [or retail dealer.]
Sec. 5. NRS 370.470 is hereby amended to read as follows:
370.470 [1.] A wholesale dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by the manufacturer or wholesale dealer who is not licensed in this state. The wholesale dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must include:
[(a)] 1. The name and address of the manufacturer or wholesale dealer who is not licensed in this state;
[(b)] 2. The name and address of the wholesale dealer;
[(c)] 3. The date of the purchase; and
[(d)] 4. The quantity and wholesale price of those products.
[2. A retail dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by that manufacturer or wholesale dealer. The retail dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must include:
(a) The name and address of the manufacturer or wholesale dealer who is not licensed in this state;
(b) The name and address of the retail dealer;
(c) The date of the purchase; and
(d) The quantity and wholesale price of those products.]
Sec. 6. NRS 370.480 is hereby amended to read as follows:
370.480 1. Every wholesale dealer must keep at his place of business complete and accurate records for that place of business, including copies of all invoices of products made from tobacco, other than cigarettes, which he holds, purchases and delivers , distributes or sells in this state. All records must be preserved for at least 3 years after the date of purchase or after the date of the last entry made on the record.
2. Every retail dealer shall keep at his place of business complete and accurate records for that place of business, including copies of all itemized invoices or purchases of such products purchased and delivered from wholesale dealers. The invoices must show the name and address of the wholesale dealer and the date of the purchase. All records must be preserved for at least 3 years after the date of the purchase.
Sec. 7. NRS 370.490 is hereby amended to read as follows:
370.490 1. The department shall allow a credit of 30 percent of the wholesale price, less a discount of 2 percent for the services rendered in collecting the tax, for products made from tobacco, other than cigarettes, upon which the tax has been paid pursuant to NRS 370.450 and that may no longer be sold. If the products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.
2. A credit must also be granted for any products made from tobacco, other than cigarettes, shipped from this state and destined for retail sale and consumption outside the state on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the state.
κ2001 Statutes of Nevada, Page 1598 (Chapter 337, SB 381)κ
3. A wholesale dealer may claim a credit by filing with the department the proof required by this section. The claim must be made on a form prescribed by the department.
Sec. 8. The amendatory provisions of this act do not apply to offenses that were committed before July 1, 2001.
Sec. 9. 1. Notwithstanding the provisions of NRS 370.450, as amended by section 2 of this act, and NRS 370.465, as amended by section 4 of this act, a wholesale dealer is not required to pay any tax or report any sales or purchases with respect to products made from tobacco, other than cigarettes, if the purchase of such products was reported to the department of taxation pursuant to NRS 370.465 as a purchase made before July 1, 2001, and the appropriate tax was remitted to the department with respect to that purchase as required by NRS 370.450.
2. As used in this section, wholesale dealer has the meaning ascribed to it in NRS 370.440, as amended by section 1 of this act.
Sec. 10. This act becomes effective on July 1, 2001.
________
Senate Bill No. 557Committee on Government Affairs
CHAPTER 338
AN ACT relating to taxation; revising the formula for the distribution among counties of certain revenue from the tax on certain motor vehicle fuel; providing for a review of the estimates of the total mileage of roads or streets maintained by each county and incorporated city prepared by the department of transportation; extending the date for expiration of the legislative committee to study the distribution among local governments of revenue from state and local taxes and certain statutory provisions relating thereto; changing the name of the committee to the legislative committee for local government taxes and finance; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:
(a) [One-fourth in proportion to total area.
(b) One-fourth in proportion to population.
(c) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(d) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.] Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2000;
κ2001 Statutes of Nevada, Page 1599 (Chapter 338, SB 557)κ
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1 of each fiscal year, the department shall:
(a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.
(b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3. Of the money allocated to each county pursuant to the provisions of [subsection 1: ] subsections 1 and 2:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated [pursuant to the following formula:
(1) If there are no incorporated cities in the county,] to the county [; and
(2) If there is at least one incorporated city in the county,] , if there are no incorporated cities in the county, or to the county and any incorporated
κ2001 Statutes of Nevada, Page 1600 (Chapter 338, SB 557)κ
cities in the county , if there is at least one incorporated city in the county, pursuant to the following formula [set forth for counties in subsection 1.] :
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
[3.] 4. The amount allocated to the counties and incorporated cities pursuant to subsections 1 , [and] 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
[4.] 5. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation [. The] and, if applicable, any adjustments to the estimates determined to be appropriate by the committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the department is conclusive.
[5.] 6. The department of transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.
7. Each county and incorporated city shall, not later than [January] March 1 of each year, submit a list to the department of transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
[6.] 8. If a county or incorporated city does not agree with the estimates prepared by the department of transportation pursuant to subsection 6, the county or incorporated city may request that the subcommittee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the subcommittee not later than October 15.
9. The subcommittee shall review any request it receives pursuant to subsection 8 and report to the committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate. The committee shall hold a public hearing and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the committee pursuant to this subsection is conclusive.
κ2001 Statutes of Nevada, Page 1601 (Chapter 338, SB 557)κ
determination made by the committee pursuant to this subsection is conclusive.
10. The subcommittee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities and report regularly to the committee concerning its findings and recommendations regarding that fiscal impact.
11. As used in this section [, construction,] :
(a) Committee means the legislative committee for local government taxes and finance established pursuant to NRS 218.53881.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
[(a)] (1) Grades and regrades;
[(b)] (2) Graveling, oiling, surfacing, macadamizing and paving;
[(c)] (3) Sweeping, cleaning and sanding roads and removing snow from a road;
[(d)] (4) Crosswalks and sidewalks;
[(e)] (5) Culverts, catch basins, drains, sewers and manholes;
[(f)] (6) Inlets and outlets;
[(g)] (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
[(h)] (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
[(i)] (9) Rights of way;
[(j)] (10) Grade and traffic separators;
[(k)] (11) Fences, cattle guards and other devices to control access to a county or city road;
[(l)] (12) Signs and devices for the control of traffic; and
[(m)] (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
(d) Subcommittee means the subcommittee appointed pursuant to NRS 218.53884.
Sec. 2. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:
(a) Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2000;
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
κ2001 Statutes of Nevada, Page 1602 (Chapter 338, SB 557)κ
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1 of each fiscal year, the department shall:
(a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.
(b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3. Of the money allocated to each county pursuant to the provisions of subsections 1 and 2:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
κ2001 Statutes of Nevada, Page 1603 (Chapter 338, SB 557)κ
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
5. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the department is conclusive.
6. The department of transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.
7. Each county and incorporated city shall, not later than March 1 of each year, submit a list to the department of transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
8. If a county or incorporated city does not agree with the estimates prepared by the department of transportation pursuant to subsection 6, the county or incorporated city may request that the [subcommittee] committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the [subcommittee] committee not later than October 15.
9. [The subcommittee shall review any request it receives pursuant to subsection 8 and report to the committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate.] The committee shall hold a public hearing and review any request it receives pursuant to subsection 8 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the committee pursuant to this subsection is conclusive.
10. The [subcommittee] committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities . [and report regularly to the committee] Biennially, the committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact [.] and submit the report on or before February 15 of each odd-numbered year to the director of the legislative counsel bureau for transmittal to the senate and assembly committees on taxation of the Nevada legislature for their review.
κ2001 Statutes of Nevada, Page 1604 (Chapter 338, SB 557)κ
11. As used in this section:
(a) Committee means the [legislative committee for local government taxes and finance established pursuant to NRS 218.53881.] committee on local government finance created pursuant to NRS 266.0165.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1) Grades and regrades;
(2) Graveling, oiling, surfacing, macadamizing and paving;
(3) Sweeping, cleaning and sanding roads and removing snow from a road;
(4) Crosswalks and sidewalks;
(5) Culverts, catch basins, drains, sewers and manholes;
(6) Inlets and outlets;
(7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9) Rights of way;
(10) Grade and traffic separators;
(11) Fences, cattle guards and other devices to control access to a county or city road;
(12) Signs and devices for the control of traffic; and
(13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
[(d) Subcommittee means the subcommittee appointed pursuant to NRS 218.53884.]
Sec. 3. NRS 218.5388 is hereby amended to read as follows:
218.5388 As used in NRS 218.5388 to 218.53886, inclusive, committee means a legislative committee [to study the distribution among local governments of revenue from state and local taxes.] for local government taxes and finance.
Sec. 4. NRS 218.53881 is hereby amended to read as follows:
218.53881 1. There is hereby established a legislative committee [to study the distribution among local governments of revenue from state and local taxes] for local government taxes and finance consisting of:
(a) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on government affairs during the immediately preceding session of the legislature;
(b) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on taxation during the immediately preceding session of the legislature;
(c) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on government affairs during the immediately preceding session of the legislature; and
κ2001 Statutes of Nevada, Page 1605 (Chapter 338, SB 557)κ
(d) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on taxation during the immediately preceding session of the legislature.
2. The committee shall consult with an advisory committee consisting of the executive director of the department of taxation and 10 members who are representative of various geographical areas of the state and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:
(a) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada League of Cities;
(b) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada Association of Counties;
(c) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada School Trustees Association;
(d) Three members involved in the government of a county appointed by the Nevada Association of Counties;
(e) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and
(f) One member who is a member of a board of trustees for a general improvement district appointed by the legislative commission.
The members of the advisory committee are nonvoting members of the committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.
3. The legislative members of the committee shall elect a chairman from one house of the legislature and a vice chairman from the other house. Each chairman and vice chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.
4. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the legislature convenes.
5. Vacancies on the committee must be filled in the same manner as original appointments.
6. The committee shall report annually to the legislative commission concerning its activities and any recommendations.
Sec. 5. Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:
Sec. 9. This act becomes effective on July 1, 1997, and expires by limitation on July 1, [2001.] 2005.
Sec. 6. 1. This section and sections 3, 4 and 5 of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3. Sections 1, 3, 4 and 5 of this act expire by limitation on July 1, 2005.
4. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2005.
________
κ2001 Statutes of Nevada, Page 1606κ
Assembly Bill No. 242Assemblymen Marvel and Chowning
CHAPTER 339
AN ACT relating to motor vehicles; providing that an instructor for a school for training drivers who provides instruction solely to applicants for commercial drivers licenses is not required to complete requirements for continuing education; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.730 is hereby amended to read as follows:
483.730 1. The department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive, and section 11 of Senate Bill No. 523 of this [act.] session.
2. The license is valid for 5 years after the date of issuance, unless canceled, suspended or revoked by the department and, except as otherwise provided in subsection 3, may be renewed subject to the same conditions as the original license, except that an operator of or instructor for a school for training drivers is not required to comply with the provisions of section 11 of Senate Bill No. 523 of this [act] session for the renewal of his license.
3. [The] Except as otherwise provided in subsection 5, the department may renew the license of an instructor of a school for training drivers if, when he submits his application for the renewal of his license, he provides evidence satisfactory to the department that, during the period of the license, he completed at least six credits of continuing education by attending:
(a) A course of instruction relating to the training of drivers approved by the department; or
(b) A state or national conference approved by the department of education for credit for continuing education.
4. In determining whether an instructor has complied with the provisions of subsection 3, the department shall award one credit of continuing education for the completion of each 15 hours of:
(a) Classroom instruction in a course specified in paragraph (a) of subsection 3; or
(b) Attendance at a conference specified in paragraph (b) of subsection 3.
5. The provisions of subsection 3 do not apply to an instructor who provides instruction solely to applicants for commercial drivers licenses.
Sec. 2. This act becomes effective:
1. Upon passage and approval for the purpose of revising regulations by the department of motor vehicles and public safety to comply with the provisions of section 1 of this act; and
2. On July 1, 2001, for all other purposes.
________
κ2001 Statutes of Nevada, Page 1607κ
Senate Bill No. 133Senators Shaffer, Coffin, Titus, Carlton and Neal
CHAPTER 340
AN ACT relating to dentistry; authorizing the board of dental examiners of Nevada to issue certain licenses without examination or clinical demonstrations to dentists and dental hygienists licensed in other jurisdictions under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The board shall, without a clinical demonstration required by NRS 631.240, issue a temporary license to practice dentistry to a person who:
(a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States or the District of Columbia;
(b) Has practiced dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia for a minimum of 5 years;
(c) Has not had his license to practice dentistry revoked or suspended in this state, another state or territory of the United States or the District of Columbia;
(d) Has not been refused a license to practice dentistry in this state, another state or territory of the United States or the District of Columbia;
(e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this state, another state or territory of the United States or the District of Columbia;
(f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and
(g) Submits the statement required by NRS 631.225.
2. A person to whom a temporary license is issued pursuant to subsection 1 may:
(a) Practice dentistry for the duration of the temporary license; and
(b) Apply for a permanent license to practice dentistry without a clinical demonstration required by NRS 631.240 if:
(1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and
(2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.
3. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
Sec. 3. 1. The board may, without a clinical demonstration required by NRS 631.240, issue a specialists license to a person who:
(a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;
κ2001 Statutes of Nevada, Page 1608 (Chapter 340, SB 133)κ
(b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia;
(c) Is a specialist as identified by the board;
(d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and
(e) Submits the statement required by NRS 631.225.
2. The board shall not issue a specialists license to a person:
(a) Whose license to practice dentistry has been revoked or suspended;
(b) Who has been refused a license to practice dentistry; or
(c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,
in this state, another state or territory of the United States or the District of Columbia.
3. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
4. A person to whom a specialists license is issued pursuant to this section shall limit his practice to the specialty.
5. The board shall revoke a specialists license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.
Sec. 4. 1. The board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:
(a) A board of county commissioners submits a request that the board of dental examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or
(b) The director of a federally qualified health center or a nonprofit clinic submits a request that the board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.
2. A person may apply for a restricted geographical license if he:
(a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States or the District of Columbia;
(b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this state;
(c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300; and
(d) Submits the statement required by NRS 631.225.
3. The board shall not issue a restricted geographical license to a person:
(a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;
(b) Who has been refused a license to practice dentistry or dental hygiene; or
(c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,in this state, another state or territory of the United States or the District of Columbia.
κ2001 Statutes of Nevada, Page 1609 (Chapter 340, SB 133)κ
in this state, another state or territory of the United States or the District of Columbia.
4. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
5. A person to whom a restricted geographical license is issued pursuant to this section:
(a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.
(b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this state or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.
6. Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the board of the termination, in writing, and surrender the restricted geographical license.
7. A person to whom a restricted geographical license was issued pursuant to this section may petition the board for an unrestricted license without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:
(a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this state, another state or territory of the United States or the District of Columbia;
(b) Has not been refused a license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia;
(c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia; and
(d) Has:
(1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or
(2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.
8. The board shall revoke a restricted geographical license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.
Sec. 4.5. NRS 631.230 is hereby amended to read as follows:
631.230 1. Any person is eligible to [take an examination] apply for a license to practice dentistry in the State of Nevada who:
(a) Is over the age of 21 years;
(b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(c) Is a graduate of an accredited dental school or college; and
(d) Is of good moral character.
2. To determine whether a person has good moral character , the board may consider whether his license to practice dentistry in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
κ2001 Statutes of Nevada, Page 1610 (Chapter 340, SB 133)κ
Sec. 5. NRS 631.240 is hereby amended to read as follows:
631.240 1. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must:
(a) Present to the board a certificate granted by the [National Board of Dental Examiners] Joint Commission on National Dental Examinations which contains a notation that [he] the applicant has passed the [boards examination] National Board Dental Examination with an average score of at least 75; and
(b) Be examined by the board on [his] the applicants practical knowledge of dentistry.
2. The board shall examine each applicant in writing on the contents and interpretation of this chapter [631 of NRS] and the regulations of the board.
3. Except as otherwise provided in NRS 631.271 [,] and sections 2, 3 and 4 of this act, the examination required by paragraph (b) of subsection 1 must include clinical demonstrations of the applicants skill in dentistry.
4. All persons who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the member of the board who is a representative of the general public and those members of the board who are dentists.
Sec. 6. NRS 631.240 is hereby amended to read as follows:
631.240 1. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must:
(a) Present to the board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and
(b) Be examined by the board on the applicants practical knowledge of dentistry.
2. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
3. Except as otherwise provided in NRS 631.271 and sections [2,] 3 and 4 of this act, the examination required by paragraph (b) of subsection 1 must include clinical demonstrations of the applicants skill in dentistry.
4. All persons who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the member of the board who is a representative of the general public and those members of the board who are dentists.
Sec. 7. NRS 631.250 is hereby amended to read as follows:
631.250 1. The board may issue a specialists license authorizing a [licensed] dentist licensed in this state to announce, hold himself out and practice as a specialist in a special area of dentistry for which there is a certifying board approved by the Commission on Dental Accreditation of the American Dental Association.
2. No [licensee] dentist licensed in this state may announce or hold himself out to the public as a specialist or practice as a specialist unless he has successfully completed the educational requirements currently specified for qualification in the special area by the certifying board.
κ2001 Statutes of Nevada, Page 1611 (Chapter 340, SB 133)κ
has successfully completed the educational requirements currently specified for qualification in the special area by the certifying board.
3. A [licensed] dentist licensed in this state who has successfully completed those educational requirements, has passed the general dentistry examination and has been issued a specialists license under this section may commence specialty practice immediately in the special area without:
(a) Examination by the certifying board.
(b) Certification as a diplomate of the certifying board.
4. A dentist licensed in this state to whom a specialists license [has been issued must] is issued shall limit his practice to the specialty.
Sec. 7.5. NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to [take an examination] apply for a license to practice dental hygiene in this state who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Is a graduate of an accredited school of dental hygiene.
2. To determine whether a person has good moral character , the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.
Sec. 8. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the board to determine eligibility, must be examined by the board upon such subjects as the board deems necessary, and, except as otherwise provided in NRS 631.271 [,] and section 4 of this act, be given a practical examination in dental hygiene, including, but not limited to, the removal of deposits from, and the polishing of, the exposed surface of the teeth.
2. The examination must be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the board is necessary to test the qualifications of the applicant.
3. The board shall examine each applicant in writing on the contents and interpretation of this chapter [631 of NRS] and the regulations of the board.
4. In lieu of the written examination which may be required by subsection 2, the board shall recognize a certificate from the [National Board of Dental Examiners] Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the [examination of the board] National Board Dental Examination with a score of at least 75.
Sec. 9. Section 2 of this act is hereby amended to read as follows:
Sec. 2. 1. The board shall, without a clinical demonstration required by NRS 631.240, issue a temporary license to practice dentistry to a person who:
(a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States or the District of Columbia;
(b) Has practiced dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia for a minimum of 5 years;
κ2001 Statutes of Nevada, Page 1612 (Chapter 340, SB 133)κ
(c) Has not had his license to practice dentistry revoked or suspended in this state, another state or territory of the United States or the District of Columbia;
(d) Has not been refused a license to practice dentistry in this state, another state or territory of the United States or the District of Columbia;
(e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this state, another state or territory of the United States or the District of Columbia; and
(f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 . [; and
(g) Submits the statement required by NRS 631.225.]
2. A person to whom a temporary license is issued pursuant to subsection 1 may:
(a) Practice dentistry for the duration of the temporary license; and
(b) Apply for a permanent license to practice dentistry without a clinical demonstration required by NRS 631.240 if:
(1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and
(2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.
3. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
Sec. 10. Section 3 of this act is hereby amended to read as follows:
Sec. 3. 1. The board may, without a clinical demonstration required by NRS 631.240, issue a specialists license to a person who:
(a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;
(b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia;
(c) Is a specialist as identified by the board; and
(d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 . [; and
(e) Submits the statement required by NRS 631.225.]
2. The board shall not issue a specialists license to a person:
(a) Whose license to practice dentistry has been revoked or suspended;
(b) Who has been refused a license to practice dentistry; or
(c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,
in this state, another state or territory of the United States or the District of Columbia.
3. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
4. A person to whom a specialists license is issued pursuant to this section shall limit his practice to the specialty.
κ2001 Statutes of Nevada, Page 1613 (Chapter 340, SB 133)κ
5. The board shall revoke a specialists license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.
Sec. 11. Section 4 of this act is hereby amended to read as follows:
Sec. 4. 1. The board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:
(a) A board of county commissioners submits a request that the board of dental examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or
(b) The director of a federally qualified health center or a nonprofit clinic submits a request that the board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.
2. A person may apply for a restricted geographical license if he:
(a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States or the District of Columbia;
(b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this state; and
(c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300 . [; and
(d) Submits the statement required by NRS 631.225.]
3. The board shall not issue a restricted geographical license to a person:
(a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;
(b) Who has been refused a license to practice dentistry or dental hygiene; or
(c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,
in this state, another state or territory of the United States or the District of Columbia.
4. The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.
5. A person to whom a restricted geographical license is issued pursuant to this section:
(a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.
(b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this state or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.
κ2001 Statutes of Nevada, Page 1614 (Chapter 340, SB 133)κ
qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.
6. Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the board of the termination, in writing, and surrender the restricted geographical license.
7. A person to whom a restricted geographical license was issued pursuant to this section may petition the board for an unrestricted license without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:
(a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this state, another state or territory of the United States or the District of Columbia;
(b) Has not been refused a license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia;
(c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia; and
(d) Has:
(1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or
(2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.
8. The board shall revoke a restricted geographical license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.
Sec. 12. 1. This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of this act become effective on October 1, 2001.
2. Section 6 of this act becomes effective on October 1, 2005.
3. Sections 9, 10 and 11 of this act become effective 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:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
4. Sections 2, 5 and 9 of this act expire by limitation on September 30, 2005.
________
κ2001 Statutes of Nevada, Page 1615κ
Senate Bill No. 274Committee on Commerce and Labor
CHAPTER 341
AN ACT relating to contractors; revising the provisions governing the rights and duties of contractors and subcontractors under contracts and subcontracts; 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 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in NRS 624.610, 624.620 and 624.630 and sections 2 to 9, inclusive, of this act, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Higher-tiered subcontractor means a subcontractor under a contract who has entered into an oral or written subcontract with another subcontractor pursuant to which the other subcontractor has agreed to perform any of the duties of the subcontractor under the oral or written subcontract.
Sec. 4. Lower-tiered subcontractor means a subcontractor who has agreed in an oral or written contract to perform any of the duties of another subcontractor under another oral or written subcontract.
Sec. 5. 1. Except as otherwise provided in this section, if a contractor or higher-tiered subcontractor enters into:
(a) A written subcontract with a subcontractor that includes a schedule for payments, the contractor or higher-tiered subcontractor shall pay the subcontractor:
(1) On or before the date payment is due; or
(2) Within 10 days after the date the contractor or higher-tiered subcontractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the subcontractor,
whichever is earlier.
(b) A written subcontract that does not contain a schedule for payments, or a subcontract that is oral, the contractor or higher-tiered subcontractor shall pay the subcontractor:
(1) Within 30 days after the date the subcontractor submits a request for payment; or
(2) Within 10 days after the date the contractor or higher-tiered subcontractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the subcontractor,
whichever is earlier.
2. If a contractor or higher-tiered subcontractor has complied with subsection 3, the contractor or higher-tiered subcontractor may:
(a) Withhold from any payment owed to the subcontractor:
(1) A retention amount that the subcontractor is authorized to withhold pursuant to the contract;
κ2001 Statutes of Nevada, Page 1616 (Chapter 341, SB 274)κ
(2) An amount equal to the sum of the value of:
(I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought; and
(II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the subcontract to the extent that such costs and expenses exceed 50 percent of the amount withheld pursuant to subparagraph (1); and
(3) The amount the owner, contractor or higher-tiered subcontractor has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner, contractor or higher-tiered subcontractor is or may reasonably be liable for the subcontractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS; and
(b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the subcontractor and his lower-tiered subcontractors and suppliers. For purposes of this paragraph:
(1) If the amount due is paid with a check or is not paid concurrently with the contractors or higher-tiered subcontractors receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and
(2) The lien releases must be limited to the amount of the payment received.
3. If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, a contractor or higher-tiered subcontractor intends to withhold any amount from a payment to be made to a subcontractor, the contractor or higher-tiered subcontractor must give, on or before the date the payment is due, a written notice to the subcontractor of any amount that will be withheld and give a copy of such notice to all reputed higher-tiered subcontractors, contractors and the owner. The written notice must:
(a) Identify the amount of the request for payment that will be withheld from the subcontractor;
(b) Give a reasonably detailed explanation of the reason the contractor or higher-tiered subcontractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, and any documents relating thereto, and the applicable building code, law or regulation with which the subcontractor has failed to comply; and
(c) Be signed by an authorized agent of the contractor or higher-tiered subcontractor.
4. A subcontractor who receives a notice pursuant to subsection 3 may provide written notice to the contractor or higher-tiered subcontractor of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the subcontractor. If a contractor or higher-tiered subcontractor receives a written notice from the subcontractor of the correction of a condition pursuant to this subsection, the contractor or higher-tiered subcontractor must:
κ2001 Statutes of Nevada, Page 1617 (Chapter 341, SB 274)κ
(a) Pay the amount withheld by the contractor or higher-tiered subcontractor for that condition on or before the date the next payment is due the subcontractor; or
(b) Object to the scope and manner of the correction of the condition, on or before the date the next payment is due to the subcontractor, in a written statement which sets forth the reason for the objection and which complies with subsection 3. If the contractor or higher-tiered subcontractor objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the subcontractor, along with payment made pursuant to the subcontractors next payment request, the amount withheld for the correction of conditions to which the contractor or higher-tiered subcontractor no longer objects.
Sec. 6. 1. If a contractor or higher-tiered subcontractor fails to:
(a) Pay the subcontractor within the time provided in subsection 1 or 4 of section 5 of this act;
(b) Pay the subcontractor within 45 days after the 25th day of the month in which the subcontractor submits a request for payment, even if the contractor or higher-tiered subcontractor has not been paid and the subcontract contains a provision which requires the contractor or higher-tiered subcontractor to pay the subcontractor only if or when the contractor or higher-tiered subcontractor is paid; or
(c) Give the subcontractor written notice of any withholding in the time and manner required by subsection 3 or 4 of section 5 of this act,
the subcontractor may stop work under the subcontract until payment is received if the subcontractor gives written notice to the contractor or higher-tiered subcontractor at least 10 days before stopping work.
2. If a subcontractor stops work pursuant to paragraph (a) or (c) of subsection 1, the subcontractor may terminate the subcontract by giving written notice of the termination to the contractor or higher-tiered subcontractor after stopping work but at least 15 days before the termination of the subcontract. If the subcontractor is paid the amount due before the date for termination set forth in the written notice, the subcontractor shall not terminate the subcontract and shall resume work.
3. If an owner, contractor or a higher-tiered subcontractor through his own act or neglect, or through an act or neglect of his agent, excluding acts of God, floods, fires, labor disputes, strikes or reasonable adjustments in work schedules, causes the work to be stopped for a period of 15 days or more, the subcontractor may terminate the subcontract if:
(a) The subcontractor gives written notice of his intent to terminate to the contractor or higher-tiered subcontractor at least 10 days before terminating the subcontract; and
(b) The contractor or higher-tiered subcontractor fails to allow the subcontractor to resume the work within the time set forth in the written notice given pursuant to paragraph (a).
4. If a subcontractor stops work pursuant to paragraph (a) or (c) of subsection 1, the contractor or higher-tiered subcontractor may terminate the subcontract by giving the subcontractor written notice of his intent to terminate at least 15 days before terminating the subcontract.
5. If the subcontract is terminated pursuant to subsection 3, or if the subcontractor stops work in accordance with this section and the subcontract is terminated pursuant to subsection 2 or 4, the subcontractor is entitled to recover from the contractor or higher-tiered subcontractor with whom he has contracted the amount found by a trier of fact to be due the subcontractor, including, without limitation:
κ2001 Statutes of Nevada, Page 1618 (Chapter 341, SB 274)κ
is entitled to recover from the contractor or higher-tiered subcontractor with whom he has contracted the amount found by a trier of fact to be due the subcontractor, including, without limitation:
(a) The cost of all work, labor, materials, equipment and services furnished by and through the subcontractor, including any profit and overhead the subcontractor incurred or earned through the date of termination;
(b) The profit that the subcontractor and his lower-tiered subcontractors would have received if the subcontract had been performed in full;
(c) Interest at a rate equal to the rate agreed upon in the subcontract, or, if no interest rate is so provided, interest at a rate equal to the prime rate at the largest bank in this state, as determined by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding:
(1) The time the subcontract was signed; or
(2) If the subcontract was oral, the time the terms of the subcontract were agreed upon by the parties,
plus 2 percent; and
(d) The reasonable costs, including court costs, incurred by the subcontractor and his lower-tiered subcontractors in collecting the amount due.
At any action brought to enforce the rights or obligations set forth in this subsection, the trier of fact may award reasonable attorneys fees to the subcontractor or, if the trier of fact determines that the subcontractor stopped work or terminated the contract without reasonable cause, the trier of fact may award reasonable attorneys fees to the contractor or higher-tiered subcontractor.
6. If a subcontractor stops work pursuant to this section, each lower-tiered subcontractor with whom the subcontractor has contracted who has not fully performed under the contract may also stop work on the project. If a subcontractor terminates a subcontract pursuant to this section, all such lower-tiered subcontractors may terminate their contracts with the subcontractor.
7. The right of a subcontractor to stop work or terminate a subcontract pursuant to this section is in addition to all other rights that the subcontractor may have at law or in equity and does not impair or affect the right of a subcontractor to maintain a civil action or to submit any controversy arising under the contract to arbitration.
8. No subcontractor or his lower-tiered subcontractors, or their respective sureties, may be held liable for any delays or damages that an owner, contractor or higher-tiered subcontractor may suffer as a result of the subcontractor or lower-tiered subcontractor stopping his work or terminating a subcontract for reasonable cause and in accordance with this section.
Sec. 7. 1. A subcontractor shall provide a copy of any notice given to a contractor or higher-tiered subcontractor pursuant to this section or section 5 or 6 of this act to each lower-tiered subcontractor with whom the subcontractor has contracted who has not fully performed under the contract. Upon receipt of payment pursuant to section 5 of this act, the subcontractor shall notify all such lower-tiered subcontractors in writing of his receipt of payment.
κ2001 Statutes of Nevada, Page 1619 (Chapter 341, SB 274)κ
2. A subcontractor shall provide a copy of any notice given to a contractor or higher-tiered subcontractor pursuant to this section or section 5 or 6 of this act to each reputed higher-tiered subcontractor, contractor and the owner, if known. The failure of a subcontractor to comply with this subsection does not invalidate any notice otherwise properly given.
3. A condition, stipulation or provision in a subcontract or other agreement which requires a subcontractor to waive any rights provided in this section or section 5 or 6 of this act, or which limits those rights, is void.
4. All notices required pursuant to this section or section 5 or 6 of this act must be:
(a) Delivered personally, in which case the subcontractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;
(b) Sent by facsimile and delivered by regular mail, in which case the subcontractor shall retain proof of a successful transmission of the facsimile;
(c) Delivered by certified mail; or
(d) Delivered in the manner provided in the contract.
5. Within 5 days after a contractor receives a written request for the information set forth in paragraphs (a), (b) and (c) from a subcontractor with respect to a subcontract that has not been fully performed, the contractor shall notify the subcontractor in writing of the following:
(a) The date the contractor made a specified payment to his subcontractor;
(b) Whether the contractor has paid his subcontractor the entire amount of a specified payment; and
(c) The amount withheld by the contractor of a specified payment to his subcontractor and the reason for the withholding.
Sec. 8. 1. Except as otherwise provided in subsections 2 and 4 and subsection 4 of section 9 of this act, if an owner of real property enters into a written or oral contract with a contractor for the performance of work by the contractor, the owner must:
(a) Pay that contractor on or before the date a payment is due pursuant to a schedule for payments established in a written contract; or
(b) If no such schedule is established or if the contract is oral, pay the contractor within 21 days after the date the contractor submits a request for payment.
2. If an owner has complied with subsection 3, the owner may:
(a) Withhold from any payment to be made to the contractor:
(1) A retention amount that the owner is authorized to withhold pursuant to the contract;
(2) An amount equal to the sum of the value of:
(I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought; and
(II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the contract to the extent that such costs and expenses exceed 50 percent of the amount withheld pursuant to subparagraph (1); and
κ2001 Statutes of Nevada, Page 1620 (Chapter 341, SB 274)κ
(3) The amount the owner has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner is or may reasonably be liable for the contractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or chapter 617 of NRS; and
(b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the contractor and his subcontractors and suppliers. For purposes of this paragraph:
(1) If the amount due is paid with a check or is not paid concurrently with the owners receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and
(2) The lien releases must be limited to the amount of the payment received.
3. If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, an owner intends to withhold any amount from a payment to be made to a contractor, the owner must give, on or before the date the payment is due, a written notice to the contractor of any amount that will be withheld. The written notice must:
(a) Identify the amount of the request for payment that will be withheld from the contractor;
(b) Give a reasonably detailed explanation of the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, and any documents relating thereto, and the applicable building code, law or regulation with which the contractor has failed to comply; and
(c) Be signed by an authorized agent of the owner.
4. A contractor who receives a notice pursuant to subsection 3 may provide written notice to the owner of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the contractor. If an owner receives a written notice from the contractor of the correction of a condition pursuant to this subsection, the owner must:
(a) Pay the amount withheld by the owner for that condition on or before the date the next payment is due the contractor; or
(b) Object to the scope and manner of the correction of the condition, on or before the date the next payment is due to the contractor, in a written statement which sets forth the reason for the objection and which complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the contractor, along with payment made pursuant to the contractors next payment request, the amount withheld for the correction of conditions to which the owner no longer objects.
Sec. 9. 1. A contractor shall provide a copy of any notice given to an owner pursuant to subsection 1 or 2 of NRS 624.610 to each subcontractor with whom the contractor has contracted who has not fully performed under that contract. Upon receipt of payment pursuant to section 8 of this act, the contractor shall notify all such subcontractors in writing of his receipt of payment.
κ2001 Statutes of Nevada, Page 1621 (Chapter 341, SB 274)κ
act, the contractor shall notify all such subcontractors in writing of his receipt of payment.
2. A condition, stipulation or provision in a contract or other agreement which requires a contractor to waive any rights provided in this section, NRS 624.610 or section 8 of this act or which limits those rights is void.
3. All notices required pursuant to this section, NRS 624.610 and section 8 of this act must be:
(a) Delivered personally, in which case the contractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;
(b) Sent by facsimile and delivered by regular mail, in which case the contractor shall retain proof of a successful transmission of the facsimile;
(c) Delivered by certified mail; or
(d) Delivered in the manner provided for in the contract.
4. This section, NRS 624.610 and section 8 of this act do not apply to a contract between:
(a) A residential contractor and a natural person who owns a single-family residence for the performance of qualified services with respect to the residence; and
(b) A public body and a contractor for the performance of work and labor on a public work.
5. Within 5 days after an owner receives a written request for the information set forth in paragraphs (a), (b) and (c) from a subcontractor with respect to a subcontract that has not been fully performed, the owner shall notify the subcontractor in writing of the following:
(a) The date the owner made a specified payment to his contractor;
(b) Whether the owner has paid the entire amount of a specified payment to his contractor; and
(c) The amount withheld by the owner from a specified payment to the contractor and the reason for the withholding.
Sec. 10. NRS 624.020 is hereby amended to read as follows:
624.020 [1. For the purpose of this chapter, contractor] For the purposes of this chapter, unless the context otherwise requires:
1. Contractor is synonymous with builder.
2. [Within the meaning of this chapter, a] A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, [or] offers to undertake to, [or] purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the board or any court of this state as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.
κ2001 Statutes of Nevada, Page 1622 (Chapter 341, SB 274)κ
3. A contractor [within the meaning of this chapter] includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
4. A contractor [within the meaning of this chapter] includes a construction manager who performs management and counseling services on a construction project for a professional fee.
Sec. 11. NRS 624.610 is hereby amended to read as follows:
624.610 1. If [, through no fault or act of a prime contractor or anyone employed by him, the] an owner fails to [pay that contractor:
(a) Pursuant to their schedule for payments under the contract, or within a reasonable time after maturity and presentation of charges if no schedule is established;
(b) Any sum certified by the architect, engineer or other supervisory agent of the owner; or
(c) Such sum as is otherwise properly due, or if] :
(a) Pay the contractor in the time and manner required by subsection 1 or 4 of section 8 of this act; or
(b) Give the contractor written notice of any withholding in the time and manner required by subsection 3 or 4 of section 8 of this act,
the contractor may stop work after giving written notice to the owner at least 10 days before stopping work. If a contractor stops work pursuant to this subsection, the contractor may terminate the contract by giving written notice of termination to the owner after stopping work but at least 15 days before terminating the contract. If the contractor is paid the amount due before the date for termination of the contract set forth in the written notice, the contractor shall not terminate the contract and shall resume his work.
2. If the owner through his own act or neglect, or through an act or neglect of his agent, excluding acts of God, floods, fires [or strikes,] , labor disputes, strikes or reasonable adjustments to work schedules, causes the work to be stopped for a period of [5 working] 15 days or more, the contractor may [, after 5 working days] terminate the contract if:
(a) The contractor gives written notice of his intent to terminate to the owner [, stop work or terminate the contract and] at least 10 days before terminating the contract; and
(b) The owner fails to allow work to resume within the time set forth in the written notice given pursuant to paragraph (a).
3. If a contractor stops work pursuant to subsection 1, the owner may terminate the contract by giving the contractor written notice of his intent to terminate at least 15 days before terminating the contract.
4. If the contract is terminated pursuant to subsection 2, or if the contractor stops work in accordance with this section and the contract is terminated pursuant to subsection 1 or 3, the contractor is entitled to recover from the owner payment [for] in an amount found by a trier of fact to be due the contractor, including, without limitation:
(a) The cost of all work [executed.
2. If, through no fault of a subcontractor or anyone employed by him, the contractor fails to pay that subcontractor:
(a) Pursuant to the schedule for payments under the subcontract, or within a reasonable time after maturity and presentation of charges if no schedule is established;
κ2001 Statutes of Nevada, Page 1623 (Chapter 341, SB 274)κ
(b) Any sum certified by the architect, engineer or other supervisory agent of the owner or contractor; or
(c) Such sum as is otherwise properly due,
or if the contractor through his own acts or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, the subcontractor may, after 5 working days written notice to the owner and the contractor, stop work or terminate the subcontract and recover from the contractor payment for all work executed. The subcontractor may not be held liable for nonperformance of that subcontract and for the cost incurred by the contractor to complete the work.
3. The provisions of subsection 2 do not apply if the contractors failure to pay is caused by his need to withhold money pursuant to an official notice from a state agency that he is liable to make payments or contributions for the subcontractor pursuant to chapter 608 or 612 or chapters 616A to 616D, inclusive, or chapter 617 of NRS.] , labor, materials, equipment and services furnished by and through the contractor, including any profit and overhead the contractor incurred or earned through the date of termination;
(b) The profit that the contractor and his subcontractors would have received if the contract had been performed in full;
(c) Interest at a rate equal to the rate agreed upon in the contract, or if no interest rate is so provided, then interest at a rate equal to the prime rate at the largest bank in this state, as determined by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding:
(1) The time the contract was signed; or
(2) If the contract was oral, the time the terms of the contract were agreed to by the parties,
plus 2 percent; and
(d) The reasonable costs, including court costs, incurred by the contractor and his subcontractors in collecting the amount due.
At any action brought to enforce the rights or obligations set forth in this subsection, the trier of fact may award reasonable attorneys fees to the contractor or, if the trier of fact determines that the contractor stopped work or terminated the contract without reasonable cause, the trier of fact may award reasonable attorneys fees to the owner.
5. If a contractor stops work pursuant to subsection 1, each subcontractor with whom the contractor has contracted who has not fully performed under that contract may also stop work on the project. If a contractor terminates a contract pursuant to this section, all such subcontractors may terminate their contracts with the contractor.
6. The right of a contractor to stop work or terminate a contract pursuant to this section is in addition to all other rights that the contractor may have at law or in equity and does not impair or affect the right of a contractor to maintain a civil action or to submit any controversy arising under the contract to arbitration.
7. No contractor or his subcontractors, or their respective sureties, may be held liable for any delays or damages that an owner may suffer as a result of the contractor, subcontractor or lower-tiered subcontractor stopping his work or terminating a contract for reasonable cause and in accordance with this section or section 6 of this act.
κ2001 Statutes of Nevada, Page 1624 (Chapter 341, SB 274)κ
Sec. 12. NRS 624.620 is hereby amended to read as follows:
624.620 1. Except as otherwise provided in [subsections 2, 3 and 5,] this section, any money remaining unpaid for the construction [or remodeling of a building] of a work of improvement is payable to the contractor within 30 days after:
(a) Occupancy or use of the work of improvement by the owner or by a person acting with the authority of the owner; or
(b) The availability of a [constructed or remodeled building] work of improvement for its intended use. The contractor must have given a written notice of availability to the owner on or before the day on which he claims that the [building became available.
2. The] work of improvement became available for use or occupancy.
2. If the owner has complied with subsection 3, the owner may:
(a) Withhold payment for the amount of [any disputed or uncompleted items if he notifies the contractor in writing at the time of withholding as to any disputed items.] :
(1) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is sought;
(2) The costs and expenses reasonably necessary to correct or repair any work that is not materially in compliance with the contract to the extent that such costs and expenses exceed 50 percent of the amount of retention being withheld pursuant to the terms of the contract; and
(3) Money the owner has paid or is required to pay pursuant to an official notice from a state agency, or employee benefit trust fund, for which the owner is liable for the contractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or chapter 617 of NRS.
(b) Require, as a condition precedent to the payment of any [money] unpaid amount under the construction contract, that [waivers of] lien releases be furnished by the contractors subcontractors, suppliers or employees. For purposes of this paragraph:
(1) If the amount due is paid with a check or is not paid concurrently with the owners receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and
(2) The lien releases must be limited to the amount of the payment received.
3. If pursuant to paragraph (a) of subsection 2, an owner intends to withhold any amount from a payment to be made to a contractor, the owner must, on or before the date the payment is due, give written notice to the contractor of any amount that will be withheld. The written notice must:
(a) Identify the amount that will be withheld from the contractor;
(b) Give a reasonably detailed explanation of the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, and any documents relating thereto, and the applicable building code, law or regulation with which the contractor has failed to comply; and
(c) Be signed by an authorized agent of the owner.
κ2001 Statutes of Nevada, Page 1625 (Chapter 341, SB 274)κ
4. A contractor who receives a notice pursuant to subsection 3 may provide written notice to the owner of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the contractor. If an owner receives a written notice from the contractor of the correction of a condition described in an owners notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:
(a) Pay the amount withheld by the owner for that condition; or
(b) Object to the scope and manner of the correction of the condition in a written statement that sets forth the reason for the objection and complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the contractor, along with payment made pursuant to the contractors next payment request, the amount withheld for the correction of conditions to which the owner no longer objects.
5. The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For projects which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the contractor.
[4.] 6. Unless otherwise provided in the construction contract, any money which is payable to a contractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the [three largest United States banking institutions on the date the contract is executed plus] largest bank in this state, as determined by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding:
(a) The time the contract was signed; or
(b) If the contract was oral, the time the terms of the contract were agreed to by the parties,
plus 2 percent . [, from 30 days after the date on which the money became payable until the date of payment.
5.] 7. This section does not apply to:
(a) Any residential building; or
(b) Public works.
8. As used in this section, unless the context otherwise requires, work of improvement has the meaning ascribed to it in NRS 108.221.
Sec. 13. NRS 99.040 is hereby amended to read as follows:
99.040 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases:
(a) Upon contracts, express or implied, other than book accounts.
(b) Upon the settlement of book or store accounts from the day on which the balance is ascertained.
(c) Upon money received to the use and benefit of another and detained without his consent.
κ2001 Statutes of Nevada, Page 1626 (Chapter 341, SB 274)κ
(d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made.
The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
2. The provisions of this section do not apply to money owed:
(a) For the construction [or remodeling of a building] of a work of improvement pursuant to NRS 624.620; or
(b) By a contractor to his subcontractor pursuant to NRS 624.630.
________
Senate Bill No. 380Senator Schneider
CHAPTER 342
AN ACT relating to contractors; eliminating the duty of a contractor to require proof of payment of the business tax from a subcontractor with whom he has a contract; and providing other matters properly relating thereto.
[Approved: June 1, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 364A.340 is hereby amended to read as follows:
364A.340 A person who:
1. Is required to be licensed pursuant to chapter 624 of NRS; and
2. Contracts with a subcontractor who is required to be licensed pursuant to that chapter and to have a business license and pay the tax imposed by this chapter,
shall require proof that the subcontractor has a business license [and has paid the tax imposed by this chapter] before commencing payments to the subcontractor. For the purposes of this section, a subcontractor proves that he has a business license [and has paid the tax imposed by this chapter by presenting a receipt for or other evidence that he made the last quarterly payment required pursuant to this chapter.] by submitting a copy of the business license to the contractor.
Sec. 2. Section 2 of Assembly Bill No. 656 of this session is hereby repealed.
Sec. 3. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 1627κ
Senate Bill No. 543Committee on Human Resources and Facilities
CHAPTER 343
AN ACT relating to the University and Community College System of Nevada; requiring the board of regents of the University of Nevada to establish policies governing the contracts that faculty members and employees of the system may enter into or benefit from; authorizing such faculty members and employees to enter into or benefit from certain contracts that are consistent with those policies; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents shall, to carry out the purposes of subsection 3 of NRS 281.221, subsection 3 of NRS 281.230 and subsection 3 of NRS 281.505, establish policies governing the contracts that faculty members and employees of the system may enter into or benefit from.
Sec. 2. NRS 281.221 is hereby amended to read as follows:
281.221 1. Except as otherwise provided in this section, it is unlawful for any state officer who is not a member of the legislature to:
(a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.
(b) Be interested in any contract made by him or to be a purchaser or interested in any purchase under a sale made by him in the discharge of his official duties.
2. Any member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may supply or contract to supply, in the ordinary course of his business, goods, materials or services to any state or local agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member [in] of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency [if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.] , or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the board of regents of the University of Nevada pursuant to section 1 of this act.
4. A state officer, other than an officer described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
κ2001 Statutes of Nevada, Page 1628 (Chapter 343, SB 543)κ
plans or specifications and he will not be personally involved in opening, considering or accepting offers.
5. Any contract made in violation of this section may be declared void at the instance of the state or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.
6. Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 3. NRS 281.230 is hereby amended to read as follows:
281.230 1. Except as otherwise provided in this section and NRS 218.605, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member [in] or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency [if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.] , or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the board of regents of the University of Nevada pursuant to section 1 of this act.
4. A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
5. A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where the commission, personal profit or compensation is $250 or more, for a category D felony as provided in NRS 193.130.
(b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.
6. A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.
κ2001 Statutes of Nevada, Page 1629 (Chapter 343, SB 543)κ
Sec. 4. NRS 281.505 is hereby amended to read as follows:
281.505 1. Except as otherwise provided in this section, a public officer or employee shall not bid on or enter into a contract between a governmental agency and any private business in which he has a significant pecuniary interest.
2. A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board or commission, may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3. A full- or part-time faculty member [in] or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency [if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.] , or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the board of regents of the University of Nevada pursuant to section 1 of this act.
4. A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
Sec. 5. This act becomes effective on July 1, 2001.
________
Senate Bill No. 544Committee on Human Resources and Facilities
CHAPTER 344
AN ACT relating to the practice of pharmacy; requiring the state board of pharmacy to adopt requirements for the form, content and transmittal of prescriptions for controlled substances; clarifying the authority of the board to regulate pharmacies and wholesalers who offer services in this state via the Internet; revising the disciplinary action that may be taken by the board against the holder of a certificate, license or permit issued by the board; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance [listed in schedule II must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.
2. A prescription for a controlled substance must contain:
κ2001 Statutes of Nevada, Page 1630 (Chapter 344, SB 544)κ
(a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;
(d) The name of the patient, and his address if not immediately available to the pharmacist;
(e) The name, strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. A prescription for a controlled substance listed in:
(a) Schedule III, IV or V must be signed by the practitioner pursuant to the regulations of the board and may be preprinted or written by an agent of the practitioner, or may be transmitted electronically or by a facsimile machine from the practitioner to a pharmacy pursuant to the regulations of the board.
(b) Schedule II must be written and signed entirely by hand by the practitioner who issued it, except that:
(1) The addresses of the patient and the practitioner may be added by the pharmacist.
(2) The name of the practitioner, his address and the classification of his license must be preprinted on the prescription form.
(3) The registration number of the practitioner assigned by the Drug Enforcement Administration may be preprinted on the prescription form.
(4) The prescription may be transmitted by the practitioner or an agent of the practitioner to a pharmacy by a facsimile machine if the original written prescription is presented to the pharmacist for review before the dispensing of the controlled substance, except that:
(I) If the controlled substance is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, the transmission from the facsimile machine shall be deemed to be the original written prescription.
(II) If the controlled substance is prescribed for a resident of a facility for long-term care, the transmission from the facsimile machine shall be deemed to be the original written prescription and must be maintained in accordance with 21 C.F.R. § 1304.04(h).
(5) If authorized by federal law, a prescription transmitted electronically is not required to be written and signed entirely by hand by the practitioner who issued the prescription.
4. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.] must comply with the regulations of the board adopted pursuant to subsection 2.
2. The board shall, by regulation, adopt requirements for:
(a) The form and content of a prescription for a controlled substance. The requirements may vary depending upon the schedule of the controlled substance.
(b) Transmitting a prescription for a controlled substance to a pharmacy. The requirements may vary depending upon the schedule of the controlled substance.
κ2001 Statutes of Nevada, Page 1631 (Chapter 344, SB 544)κ
(c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.
3. Except as otherwise provided in this subsection, the regulations adopted pursuant to subsection 2 must ensure compliance with, but may be more stringent than required by, applicable federal law governing controlled substances and the rules, regulations and orders of any federal agency administering such law. The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law.
Sec. 2. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. The board shall adopt such regulations as are necessary for the safe and efficient operation of pharmacies and wholesalers that offer their services to persons in this state via the Internet.
2. For the purposes of this section, pharmacy includes any person who sells or offers to sell drugs to persons in this state via the Internet.
Sec. 4. For the purposes of NRS 639.2328 to 639.23286, inclusive, a pharmacy located outside Nevada that provides mail order service to a resident of Nevada includes any person who sells or offers to sell drugs to persons in this state via the Internet.
Sec. 5. NRS 639.0125 is hereby amended to read as follows:
639.0125 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices; [or]
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS ; [.]
5. An osteopathic physicians assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS [.] ; or
6. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
κ2001 Statutes of Nevada, Page 1632 (Chapter 344, SB 544)κ
Sec. 6. NRS 639.230 is hereby amended to read as follows:
639.230 1. A pharmacy or a person operating as a pharmacy shall not use the word drug or drugs, prescription or pharmacy, or similar words or words of similar import, without first having secured a license from the board.
2. Each license must be issued to a specific person and for a specific location and is not transferable. The original license must [show the name of the owner and the name of the managing pharmacist and] be displayed on the licensed premises as provided in NRS 639.150. [If the owner is a partnership or corporation, the names of the partners or officers must also be shown. Any change of partners or corporate officers must be immediately reported to the board.] The original license and the fee required for reissuance of a license must be submitted to the board before the reissuance of the license.
3. If the owner of a pharmacy is a partnership or corporation, any change of partners or corporate officers must be reported to the board at such a time as is required by a regulation of the board.
4. In addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy must satisfy the board that the pharmacy is conducted according to law.
[4.] 5. Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the board.
Sec. 7. NRS 639.2328 is hereby amended to read as follows:
639.2328 1. Every pharmacy located outside Nevada that provides mail order service to or solicits or advertises for orders for drugs available with a prescription from a resident of Nevada must be licensed by the board.
2. To be licensed or to renew a license, such a pharmacy [located outside Nevada] must:
(a) Be licensed as a pharmacy, or the equivalent, by the state or country in which its dispensing facilities are located.
(b) Comply with all applicable federal laws, regulations and standards.
(c) Submit an application in the form furnished by the board.
(d) Provide the following information to the board:
(1) The name and address of the owner;
(2) The location of the pharmacy;
(3) The name of the pharmacist who is the managing pharmacist; and
(4) Any other information the board deems necessary.
(e) Pay the fee required by regulation of the board.
(f) Submit evidence satisfactory to the board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state or country in which the pharmacy is located.
(g) Submit certification satisfactory to the board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.
3. In addition to the requirements of subsection 2, the board may require [that the pharmacy located outside of Nevada] such a pharmacy to be inspected by the board.
κ2001 Statutes of Nevada, Page 1633 (Chapter 344, SB 544)κ
Sec. 8. NRS 639.23282 is hereby amended to read as follows:
639.23282 Before issuing a license to a pharmacy located outside [of Nevada to provide] Nevada that provides mail order service to [residents] a resident of Nevada, the board shall consider:
1. The qualifications and credentials of the applicant; and
2. Any suspension or revocation of a license or restriction on a license held by the applicant.
Sec. 9. NRS 639.23284 is hereby amended to read as follows:
639.23284 Every pharmacy [that is] located outside Nevada [and] that provides mail order service to a resident of Nevada:
1. Shall report to the board any change of information that appears on its license and pay the fee required by regulation of the board.
2. Shall make available for inspection all pertinent records, reports, documents or other material or information required by the board.
3. As required by the board, must be inspected by the board or:
(a) The regulatory board or licensing authority of the state or country in which the pharmacy is located; or
(b) The Drug Enforcement Administration.
4. As required by the board, shall provide the following information concerning each prescription for a drug that is shipped, mailed or delivered to a resident of Nevada:
(a) The name of the patient;
(b) The name of the prescriber;
(c) The number of the prescription;
(d) The date of the prescription;
(e) The name of the drug; and
(f) The strength and quantity of the dose.
Sec. 10. NRS 639.23286 is hereby amended to read as follows:
639.23286 A pharmacy [that is] located outside Nevada [and] that provides mail order service to a resident of Nevada:
1. May substitute a drug if the substitution is made in accordance with the provisions of the laws and regulations of the state or country in which the pharmacy is located.
2. Shall provide a toll-free telephone service for its customers to a pharmacist who has access to the records of the customers from Nevada. The telephone service must be available for not less than 5 days per week and for at least 40 hours per week. The telephone number must be disclosed on the label attached to each container of drugs dispensed to a resident of Nevada.
Sec. 11. NRS 639.2353 is hereby amended to read as follows:
639.2353 Except as otherwise provided in a regulation adopted pursuant to NRS 453.385:
1. A prescription must be given:
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the practitioner;
(c) By an oral order transmitted by an agent of the practitioner; or
(d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the board.
2. A written prescription must contain:
κ2001 Statutes of Nevada, Page 1634 (Chapter 344, SB 544)κ
(a) [The] Except as otherwise provided in this section, the name and signature of the practitioner, and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) [His registration number assigned by the Drug Enforcement Administration if the prescription is for a controlled substance;
(d)] The name of the patient, and his address if not immediately available to the pharmacist;
[(e)] (d) The name, strength and quantity of the drug or drugs prescribed;
[(f)] (e) Directions for use; and
[(g)] (f) The date of issue.
3. The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
4. Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.
5. A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.
6. A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:
(a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or
(b) A voice recognition system, biometric identification technique or other security system approved by the board is used to identify the practitioner.
Sec. 12. NRS 639.255 is hereby amended to read as follows:
639.255 1. The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:
(a) Suspending judgment;
(b) Placing the certificate, license or permit holder on probation;
(c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period [not to exceed 1 year;] to be determined by the board;
(d) Revoking the certificate, license or permit;
(e) Public reprimand;
(f) Imposition of a fine [not to exceed $1,000] for each count of the accusation [;] , in accordance with the schedule of fines established pursuant to subsection 3; or
(g) Requiring the certificate, license or permit holder to pay all costs and attorneys fees incurred by the board relating to the discipline of the person.
2. Such action by the board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.
κ2001 Statutes of Nevada, Page 1635 (Chapter 344, SB 544)κ
3. The board shall by regulation establish a schedule of fines that may be imposed pursuant to paragraph (f) of subsection 1. Each fine must be commensurate with the severity of the applicable violation, but must not exceed $10,000 for each violation.
Sec. 13. Section 2 of Assembly Bill No. 415 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0745 is hereby amended to read as follows:
639.0745 1. The board may adopt regulations concerning [:
(a) The] the transfer of information between pharmacies relating to prescriptions.
[(b)] 2. The board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.
[2.] The regulations must establish procedures to:
(a) Ensure the security and confidentiality of the data that is transmitted between:
(1) The practitioner and the pharmacy;
(2) The practitioner and an insurer of the person for whom the prescription is issued; and
(3) The pharmacy and an insurer of the person for whom the prescription is issued.
(b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.
(c) Verify the authenticity of a signature that is produced:
(1) By the computer or other electronic device; or
(2) Manually by the practitioner.
3. The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.
Sec. 14. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0125 is hereby amended to read as follows:
639.0125 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
κ2001 Statutes of Nevada, Page 1636 (Chapter 344, SB 544)κ
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;
5. An osteopathic physicians assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or
6. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
Sec. 15. Section 81 of Senate Bill No. 91 of this session is hereby repealed.
Sec. 16. 1. This section and section 15 of this act become effective upon passage and approval.
2. Sections 1 and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and at 12:01 a.m. on October 1, 2001, for all other purposes.
3. Sections 2, 3, 4 and 6 to 10, inclusive, of this act become effective on July 1, 2001.
4. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
5. Section 14 of this act becomes effective at 12:02 a.m. on July 1, 2001.
6. Sections 11 and 13 of this act become effective at 12:01 a.m. on October 1, 2001.
________
Senate Bill No. 548Committee on Judiciary
CHAPTER 345
AN ACT relating to offenders; revising the provisions relating to psychosexual evaluations and the process of certifying whether certain offenders may be granted probation; revising provisions relating to the restoration of civil rights of certain offenders who are honorably discharged from probation; revising the provisions relating to the process of certifying whether certain offenders may be released on parole; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.139 is hereby amended to read as follows:
176.139 1. If a defendant is convicted of a sexual offense for which the suspension of sentence or the granting of probation is permitted, the division shall arrange for a psychosexual evaluation of the defendant as part of the divisions presentence investigation and report to the court.
2. The psychosexual evaluation of the defendant must be conducted by a person professionally qualified to conduct psychosexual evaluations.
κ2001 Statutes of Nevada, Page 1637 (Chapter 345, SB 548)κ
3. The person who conducts the psychosexual evaluation of the defendant must use diagnostic tools that are generally accepted as being within the standard of care for the evaluation of sex offenders, and the psychosexual evaluation of the defendant must include:
(a) A comprehensive clinical interview with the defendant; and
(b) A review of all investigative reports relating to the defendants sexual offense and all statements made by victims of that offense.
4. The psychosexual evaluation of the defendant may include:
(a) A review of records relating to previous criminal offenses committed by the defendant;
(b) A review of records relating to previous evaluations and treatment of the defendant;
(c) A review of the defendants records from school;
(d) Interviews with the defendants parents, the defendants spouse or other persons who may be significantly involved with the defendant or who may have relevant information relating to the defendants background; and
(e) The use of psychological testing, polygraphic examinations and arousal assessment.
5. The person who conducts the psychosexual evaluation of the defendant must be given access to all records of the defendant that are necessary to conduct the evaluation, and the defendant shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.
6. The person who conducts the psychosexual evaluation of the defendant shall [prepare] :
(a) Prepare a comprehensive written report of the results of the evaluation [and shall provide] ;
(b) Include in the report all information that is necessary to carry out the provisions of NRS 176A.110; and
(c) Provide a copy of [that] the report to the division.
7. If a psychosexual evaluation is conducted pursuant to this section, the court shall:
(a) Order the defendant, to the extent of his financial ability, to pay for the cost of the psychosexual evaluation; or
(b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.
Sec. 2. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of any presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of his offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;
κ2001 Statutes of Nevada, Page 1638 (Chapter 345, SB 548)κ
the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;
(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;
(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant to that section;
(g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
(h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;
(i) [A] If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of [a] the psychosexual evaluation of the defendant [, if such an evaluation is required pursuant to NRS 176.139;] and all information that is necessary to carry out the provisions of NRS 176A.110; and
(j) Such other information as may be required by the court.
2. The division may include in the report any additional information that it believes may be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 3. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless :
(a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or
(b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this state who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and Neurology and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person [is not a menace to the health, safety or morals of others.] convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2. This section does not create a right in any person to be certified or to continue to be certified . [and no] No person may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.
κ2001 Statutes of Nevada, Page 1639 (Chapter 345, SB 548)κ
3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) A violation of NRS 207.180.
(m) An attempt to commit an offense listed in paragraphs (b) to (l), inclusive.
(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 4. NRS 176A.850 is hereby amended to read as follows:
176A.850 1. A person who:
(a) Has fulfilled the conditions of his probation for the entire period thereof;
(b) Is recommended for earlier discharge by the division; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
may be granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
3. A person honorably discharged from probation [is] :
(a) Is free from the terms and conditions of his probation ; and
(b) If he meets the requirements of NRS 176A.860, may apply to the [court, in person or by attorney, pursuant to NRS 176A.860, for the] division to request a restoration of his civil rights. [He] The person must be informed of [this privilege] the provisions of this section and NRS 176A.860 in his probation papers.
4. A person honorably discharged from probation who has had his civil rights restored by the court:
(a) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
(b) May vote, hold office or serve as a juror.
(c) Shall disclose the conviction to a gaming establishment and to the state [,] and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, establishment has the meaning ascribed to it in NRS 463.0148.
(d) Except as otherwise provided in paragraph (c), need not disclose the conviction to an employer or prospective employer.
κ2001 Statutes of Nevada, Page 1640 (Chapter 345, SB 548)κ
5. The prior conviction of a person whose civil rights have been restored or who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person who has had his civil rights restored or who has been honorably discharged from probation, the prior conviction may be pleaded and proved if otherwise admissible.
Sec. 5. NRS 176A.860 is hereby amended to read as follows:
176A.860 [A convicted person who]
1. If a person is granted an honorable discharge from probation, [who has] not sooner than 6 months after his honorable discharge, the person may apply to the division to request a restoration of his civil rights if the person:
(a) Has not previously been restored to his civil rights [, and who is] ; and
(b) Has not been convicted of any offense greater than a traffic violation [within 6 months after the discharge, may apply] after his honorable discharge.
2. If a person applies to the division to request a restoration of his civil rights [. The application must be accompanied by] , the person must submit with his application a current, certified record of [the applicants] his criminal history received from the central repository for Nevada records of criminal history. If the division determines after an investigation that the [applicant] person meets the requirements of this section, [it] the division shall petition the court in which the [applicant] person was convicted for an order granting the restoration [.] of his civil rights. If the division refuses to submit such a petition, the [applicant] person may, after notice to the division, directly petition the court for an order granting the restoration of his civil rights.
Sec. 6. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The administrator of the division of mental health and developmental services of the department of human resources or his designee;
(b) The director of the department of prisons or his designee; and
(c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,
certifies that the prisoner was under observation while confined in an institution of the department of prisons and [is not a menace to the health, safety or morals of others.] does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2. A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.
3. The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.
κ2001 Statutes of Nevada, Page 1641 (Chapter 345, SB 548)κ
5. The provisions of this section apply to a prisoner convicted of any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive.
(m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 7. 1. The amendatory provisions of sections 1, 2 and 3 of this act apply to any person who is given a psychosexual evaluation pursuant to NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.
2. The amendatory provisions of sections 4 and 5 of this act apply to any person who applies to the division of parole and probation of the department of motor vehicles and public safety to request a restoration of his civil rights pursuant to NRS 176A.860 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.
3. The amendatory provisions of section 6 of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.
________
κ2001 Statutes of Nevada, Page 1642κ
Senate Bill No. 563Committee on Government Affairs
CHAPTER 346
AN ACT relating to telecommunications; providing a procedure by which a customer may dispute a surcharge, fee or designation of place of primary use; changing the place of billing of the customers from which a supplier of mobile telephone service may collect certain fees; changing provisions relating to a limitation on fees charged by local government for a public utility that sells or resells wireless service; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a customer of a supplier of mobile telephone service believes that the amount of a surcharge imposed pursuant to NRS 244A.7643 or the designation of a place of primary use is incorrect, the customer may notify the supplier of mobile telephone service in writing of the alleged error. The notice must include:
(a) The street address for the place of primary use of the customer;
(b) The account number and name shown on the billing statement of the account for which the customer alleges the error;
(c) A description of the alleged error; and
(d) Any other information which the supplier of mobile telephone service may reasonably require to investigate the alleged error.
2. Within 60 days after receiving a notice sent pursuant to subsection 1, the supplier of mobile telephone service shall review the records that the supplier of mobile telephone service uses to determine the place of primary use of its customers.
3. If the review indicates:
(a) That the alleged error exists, the supplier of mobile telephone service shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the supplier of mobile telephone service of the alleged error.
(b) That no error exists, the supplier of mobile service shall provide a written explanation to the customer who alleged the error.
4. A customer may not bring a cause of action against a supplier of mobile telephone service for surcharges incorrectly imposed pursuant to NRS 244A.7643 unless he first complies with this section.
Sec. 2. NRS 244A.7641 is hereby amended to read as follows:
244A.7641 As used in NRS 244A.7641 to 244A.7647, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Mobile telephone service means cellular or other service to a telephone installed in a vehicle or otherwise portable.
2. Place of primary use has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.
3. Supplier means a person authorized by the Federal Communications Commission to provide mobile telephone service.
κ2001 Statutes of Nevada, Page 1643 (Chapter 346, SB 563)κ
Sec. 3. NRS 244A.7643 is hereby amended to read as follows:
244A.7643 1. The board of county commissioners in a county whose population is more than 100,000 but less than 400,000 may, by ordinance, impose a surcharge on:
(a) Each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county; and
(b) The mobile telephone service provided to each customer of that service [who resides] whose place of primary use is in the county,
for the enhancement of the telephone system for reporting an emergency in the county.
2. The surcharge imposed by a board of county commissioners pursuant to subsection 1:
(a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month;
(b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a); and
(c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).
3. A telephone company which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county [,] shall collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, the telephone company or supplier shall remit the surcharge it collects to the treasurer of the county where the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.
4. An ordinance adopted pursuant to subsection 1 may include a schedule of penalties for the delinquent payment of amounts due from telephone companies or suppliers pursuant to this section. Such a schedule:
(a) Must provide for a grace period of not less than 90 days after the date on which the telephone company or supplier must otherwise remit the surcharge to the county treasurer; and
(b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telephone company or a supplier.
5. As used in this section, trunk line means a line which provides a channel between a switchboard owned by a customer of a telephone company and the local exchange of the telephone company.
Sec. 4. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. If a customer of a public utility that sells or resells personal wireless services believes that the amount of a fee imposed pursuant to this section and NRS 354.59881 to 354.59889, inclusive, or the designation of a place of primary use is incorrect, the customer may notify the public utility in writing of the alleged error. The notice must include:
(a) The street address for the place of primary use of the customer;
(b) The account number and name shown on the billing statement of the account for which the customer alleges the error;
κ2001 Statutes of Nevada, Page 1644 (Chapter 346, SB 563)κ
(c) A description of the alleged error; and
(d) Any other information which the public utility may reasonably require to investigate the alleged error.
2. Within 60 days after receiving a notice sent pursuant to subsection 1, the public utility shall review the records which the public utility uses to determine the place of primary use of its customers.
3. If the review indicates:
(a) That the alleged error exists, the public utility shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the public utility of the alleged error.
(b) That no error exists, the public utility shall provide a written explanation to the customer who alleged the error.
4. A customer may not bring a cause of action against a public utility that sells or resells personal wireless services for fees incorrectly imposed pursuant to this section and NRS 354.59881 to 354.59889, inclusive, unless he first complies with this section.
Sec. 6. Place of primary use has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.
Sec. 7. NRS 354.59881 is hereby amended to read as follows:
354.59881 As used in NRS 354.59881 to 354.59889, inclusive, and sections 5 and 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.598811 to 354.598818, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 354.59883 is hereby amended to read as follows:
354.59883 A city or county shall not adopt an ordinance imposing or increasing a fee:
1. If that ordinance would alter the terms of any existing franchise agreement between the city or county and a public utility.
2. That applies to any public utility which does not derive revenue from customers located within the jurisdiction of the city or county.
3. If, after the adoption of the ordinance:
(a) Any part of a fee to which the ordinance applies will be based upon any revenue of a public utility other than its revenue from customers located within the jurisdiction of the city or county.
(b) The total cumulative amount of all fees the city or county imposes upon a public utility to which the ordinance applies will exceed:
(1) Except as otherwise provided in subparagraph (2), 5 percent of the utilitys gross revenue from customers located within the jurisdiction of the city or county.
(2) For a public utility that sells or resells personal wireless services, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers [who has a billing address] whose place of primary use is located within the jurisdiction of the city or county.
Secs. 9-11. (Deleted by amendment.)
Sec. 12. This act becomes effective on August 1, 2002.
________
κ2001 Statutes of Nevada, Page 1645κ
Assembly Bill No. 77Committee on Government Affairs
CHAPTER 347
AN ACT relating to unclaimed property; revising provisions governing when unclaimed property is presumed abandoned; providing for a limited exemption from interest penalties for the late payment or delivery of abandoned property under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 120A.160 is hereby amended to read as follows:
120A.160 The following property held or owing by a banking or financial organization or by a business association is presumed abandoned:
1. Any demand, savings or matured time deposit or other certificate of deposit with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld, including a deposit that is automatically renewable, and any money paid toward the purchase of a share, a mutual investment certificate or any other interest in a banking or financial organization, unless the owner has within [5] 3 years:
(a) In the case of a deposit, increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(b) Communicated in writing with the banking organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization;
(d) Owned other property to which paragraph (a), (b) or (c) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or
(e) Had another relationship with the banking or financial organization concerning which the owner has:
(1) Communicated in writing with the banking or financial organization; or
(2) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.
For the purposes of this subsection, property includes interest and dividends.
2. Any property described in subsection 1 that is automatically renewable is matured for purposes of subsection 1 upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given.
κ2001 Statutes of Nevada, Page 1646 (Chapter 347, AB 77)κ
evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in NRS 120A.320, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.
3. Any sum payable on a check certified in this state or on a written instrument issued in this state on which a banking or financial organization or business association is directly liable, including any draft or cashiers check, which has been outstanding for more than 5 years after the date it was payable, or after the date of its issuance if payable on demand, or any sum payable on a money order which has been outstanding for more than 7 years after its issuance, or any sum payable on a travelers check which has been outstanding for more than 15 years after the date of its issuance, unless the owner has within the specified period corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.
4. Any money or other personal property, tangible or intangible, removed from a safe-deposit box or any other safekeeping repository on which the lease or rental period has expired because of nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than [5] 3 years from the date on which the lease or rental period expired. A safe-deposit box for which no rent is charged or which is provided to the user because of a specific amount deposited with a banking or financial organization or business association is presumed abandoned at the same time as the account for which it was given.
Sec. 2. NRS 120A.170 is hereby amended to read as follows:
120A.170 1. Unclaimed money held and owing by an insurance company is presumed abandoned if the last known address, according to the records of the company, of the person entitled to the money is within this state. If a person other than the insured or annuitant is entitled to the money and no address of such person is known to the company or if it is not definite and certain from the records of the company what person is entitled to the money, it is presumed that the last known address of the person entitled to the money is the same as the last known address of the insured or annuitant according to the records of the company.
2. Unclaimed money, as used in this section, means all money held and owing by any insurance company unclaimed and unpaid for more than [5] 3 years after the money became due and payable as established from the records of the company under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured shall be deemed matured and the proceeds thereof deemed due if the policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding [5] 3 years:
(a) Assigned, readjusted or paid premiums on the policy or subjected the policy to loan; or
(b) Corresponded in writing with the insurance company concerning the policy.
κ2001 Statutes of Nevada, Page 1647 (Chapter 347, AB 77)κ
3. Money otherwise payable according to the records of the company shall be deemed due although the policy or contract has not been surrendered as required.
Sec. 3. NRS 120A.190 is hereby amended to read as follows:
120A.190 1. Any stock or other intangible interest, or any dividend, profit, distribution, interest, payment on principal or other sum held or owing by a business association is presumed abandoned if, within [5] 3 years after the date prescribed for payment or delivery the shareholder, certificate holder, member, bondholder, other security holder or the participating patron of a cooperative has not claimed the property, corresponded in writing with the business association or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the association. As to that property, the business association shall be deemed to be the holder.
2. Any dividend, profit, interest or other distributions held for or owing to a person at the time the stock or other property to which they attach are presumed to be abandoned shall be deemed to be abandoned at the same time as the stock or other property.
3. This section does not apply to any stock or other intangible interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the administrator of the plan show, with respect to any intangible interest not enrolled in the reinvestment plan, that the owner has not within [5] 3 years communicated in any manner described in subsection 1.
Sec. 4. NRS 120A.210 is hereby amended to read as follows:
120A.210 All intangible personal property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within [5] 3 years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary:
1. If the property is held by a banking organization or a financial organization or by a business association organized under the laws of or created in this state;
2. If it is held by a business association doing business in this state but not organized under the laws of or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in this state; or
3. If it is held in this state by any other person.
Sec. 5. NRS 120A.220 is hereby amended to read as follows:
120A.220 [All] Except as otherwise provided in NRS 607.170, all intangible personal property held for the owner by any court, public corporation, public authority or public officer, an appointee thereof, a federal or state governmental entity or a political subdivision thereof, that has remained unclaimed by the owner for more than [5] 3 years after it became payable or distributable is presumed abandoned and subject to the provisions of this chapter if:
1. The last known address or residence of the owner of the property is in this state; or
2. The property is otherwise abandoned in this state.
κ2001 Statutes of Nevada, Page 1648 (Chapter 347, AB 77)κ
This section does not apply to refunds held by the public utilities commission of Nevada pursuant to NRS 703.375.
Sec. 6. NRS 120A.230 is hereby amended to read as follows:
120A.230 All intangible personal property not otherwise covered by this chapter, including any income or increment thereon and deducting any lawful charges, that is held or owing in this state in the ordinary course of the holders business and has remained unclaimed by the owner for more than [5] 3 years after it became payable or distributable is presumed abandoned.
Sec. 7. NRS 120A.270 is hereby amended to read as follows:
120A.270 Any banking or financial organization or business association which holds property for another, if it does not hold property presumed to be abandoned, shall file a report with the administrator, on or before November 1 of each [5] 3-year period after November 1, [1984,] 1999, which indicates that it is not a holder of any property presumed to be abandoned during that period. The reports of an insurance company under this section must be filed before May 1 of each year for the preceding calendar years.
Sec. 8. NRS 32.020 is hereby amended to read as follows:
32.020 1. In any receivership proceeding instituted in which a dividend has been declared and ordered paid to creditors, any dividend which remains unclaimed for [5] 3 years reverts to the general fund of the estate and must be applied as follows:
(a) To the payment of costs and expenses of the administration of the estate and receivership.
(b) To a new dividend distributed to creditors whose claims have been allowed but not paid in full. After those claims have been paid in full the balance is presumed abandoned under NRS 120A.210.
2. This section applies to any receivership proceeding which may be brought, and includes any bank, banking corporation, corporation, copartnership, company, association or natural person.
Sec. 9. NRS 381.009 is hereby amended to read as follows:
381.009 1. Any property held by an institution for [10] 3 years or more, to which no person has made claim, shall be deemed to be abandoned and becomes the property of the division if the administrator complies with the provisions of subsection 2.
2. The administrator shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:
(a) The name and last known address, if any, of the last known owner of the property;
(b) A description of the property; and
(c) A statement that if proof of a claim is not presented by the owner to the institution and if the owners right to receive the property is not established to the administrators satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the division.
3. If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the division, free from all claims of the owner and of all persons claiming through or under him.
κ2001 Statutes of Nevada, Page 1649 (Chapter 347, AB 77)κ
Sec. 10. NRS 463.635 is hereby amended to read as follows:
463.635 1. If a corporation, partnership, limited partnership, limited-liability company or other business organization applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, or if a publicly traded corporation applies for or holds a state gaming license, the publicly traded corporation shall:
(a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in this state, which must:
(1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
(b) Register with the commission and provide the following information to the board:
(1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
(2) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the gaming licensee.
(5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason [whatsoever.] whatever.
(6) Remuneration exceeding $40,000 per annum to persons other than directors and officers who are actively and directly engaged in the administration or supervision of the gaming activities of the gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the gaming licensee.
(8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the gaming licensee.
(9) Options existing or from time to time created in respect of its equity securities.
(10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation.
κ2001 Statutes of Nevada, Page 1650 (Chapter 347, AB 77)κ
incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(11) Profit and loss statements, certified by independent certified public accountants, for at least the 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of this state, or licensed gambling, or both. The board or the commission may make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.
(c) Apply for an order of registration from the commission which must set forth a description of the publicly traded corporations affiliated companies and intermediary companies, and the various gaming licenses and approvals obtained by those entities. The commission may issue an order of registration upon receipt of a proper application. If the information set forth in an order of registration changes, the publicly traded corporation shall apply for and the commission may issue amendments to and revisions of the order of registration to reflect the changes.
(d) If the publicly traded corporation is a foreign corporation, qualify to do business in this state.
2. If the board determines that a publicly traded corporation registered with the commission, or any of its affiliates or intermediary companies, have ceased engaging in gaming activities in Nevada, the board may, upon its own motion, recommend that the commission deregister the publicly traded corporation. Before making such a recommendation for deregistration, the board shall provide at least 30 days notice to the publicly traded corporation that it intends to move for deregistration. If the board is unable to confirm that notice has been received by the publicly traded corporation, the board shall provide notice to the last known address of the registered agent of the publicly traded corporation. If the commission issues an order deregistering the publicly traded corporation, a copy of the order must be provided to the publicly traded corporation together with a notice that the publicly traded corporation must apply, within [5] 3 years after the date of the order of deregistration, to the commission for a refund of any money of the publicly traded corporation held by the board. If the commission is unable to confirm that the publicly traded corporation has received the order, the commission shall provide the order to the last known address of the registered agent of the publicly traded corporation. The publicly traded corporation must apply to the board for a refund of any investigative or other money of the publicly traded corporation held by the board within [5] 3 years after the date of deregistration. The money of the publicly traded corporation for which a refund is not requested within [5] 3 years after the date of deregistration is presumed abandoned and is subject to the provisions of chapter 120A of NRS.
3. The commission may adopt regulations that generally or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.
κ2001 Statutes of Nevada, Page 1651 (Chapter 347, AB 77)κ
limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 663.085 is hereby amended to read as follows:
663.085 1. If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. If the contents of the safe-deposit box have been unclaimed by the owner for [5] 3 years or less, the package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box, until such time that the contents will have been unclaimed by the owner for more than [5] 3 years, at which time the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.
2. If the contents of a safe-deposit box that has been opened pursuant to subsection 1 have been unclaimed by the owner for more than [5] 3 years, the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.
Sec. 13. NRS 673.373 is hereby amended to read as follows:
673.373 1. If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. If the contents of the safe-deposit box have been unclaimed by the owner for [5] 3 years or less, the package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box, until such time that the contents will have been unclaimed by the owner for more than [5] 3 years, at which time the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.
κ2001 Statutes of Nevada, Page 1652 (Chapter 347, AB 77)κ
2. If the contents of a safe-deposit box that has been opened pursuant to subsection 1 have been unclaimed by the owner for more than [5] 3 years, the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.
Sec. 14. For purposes of sections 1 to 13, inclusive, of this act:
1. Except as otherwise provided in subsection 2, property that has been abandoned for the period established pursuant to the amendatory provisions of this act as of the effective date of this act shall be deemed to be abandoned property for purposes of chapter 120A of NRS.
2. Any notice required by a specific statute must be given before property may be deemed abandoned pursuant to subsection 1.
Sec. 15. 1. Notwithstanding the provisions of NRS 120A.450, interest may not be imposed upon any abandoned property paid or delivered to the division before July 1, 2002, if:
(a) On July 1, 2001, with regard to the abandoned property, the holder of the abandoned property is not:
(1) The subject of an investigation or prosecution;
(2) The subject of an audit; or
(3) A party to litigation pursuant to NRS 120A.430;
(b) The abandoned property was required to be reported before July 1, 2001, pursuant to NRS 120A.250 or 120A.270;
(c) The abandoned property is paid or delivered directly to the division or its authorized agent, together with a report that includes:
(1) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $50 or more presumed abandoned pursuant to this chapter;
(2) In case of unclaimed money held by an insurance company, the full name of the insured or annuitant and his last known address according to the records of the corporation;
(3) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $50 each may be reported in the aggregate;
(4) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property; and
(5) Any other information that the administrator prescribes by regulation as necessary for the administration of this section;
(d) Abandoned property that includes securities is remitted as set forth in NRS 120A.320; and
(e) The records of the holder are maintained in a manner, satisfactory to the administrator, that permits verification of compliance with this section.
2. All abandoned property reported on or after July 1, 2001, must be reported separately from abandoned property reported before July 1, 2001, and may not be reported with abandoned property that is not eligible for exemption from NRS 120A.450 pursuant to this section.
3. The administrator shall:
(a) Provide information to the public concerning the provisions of this section; and
κ2001 Statutes of Nevada, Page 1653 (Chapter 347, AB 77)κ
(b) Submit a report to the legislature on or before January 15, 2003, that includes a full accounting of all abandoned property surrendered pursuant to this section, the date abandoned property was surrendered and the identities of the holders of the surrendered property.
4. This section does not:
(a) Create an entitlement to a refund of interest or penalties paid to the division before July 1, 2001, pursuant to NRS 120A.450;
(b) Prohibit civil liability for false claims pursuant to NRS 357.040;
(c) Prevent prosecution of a person who violates NRS 120A.440; or
(d) Provide for the granting of an extension for filing a report required by NRS 120A.250.
5. As used in this section:
(a) Audit includes, without limitation, an audit or examination of records of a holder conducted by the administrator or commissioner of financial institutions pursuant to NRS 120A.420 or any other law authorizing an audit or examination of the records of a holder.
(b) Investigation or prosecution includes, without limitation:
(1) Any investigation conducted by the attorney general pursuant to NRS 357.070 or any other law authorizing investigation; or
(2) Any prosecution conducted by the attorney general or a district attorney pursuant to NRS 120A.440 or any other law authorizing prosecution,
of a holder for a violation of chapter 120A of NRS.
Sec. 16. 1. This section and sections 1 to 4, inclusive, and 6 to 15, inclusive, of this act become effective upon passage and approval.
2. Section 5 of this act becomes effective on July 1, 2001.
________
Assembly Bill No. 102Committee on Government Affairs
CHAPTER 348
AN ACT relating to historic preservation; authorizing certain fund raising to benefit historic places or programs pursuant to which a donor of money is, under certain circumstances, allowed to name a historic place or portion thereof; revising the qualifications for membership on the Comstock historic district commission; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 383 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A nonprofit organization that has as its primary purpose the raising of money to benefit historic places in this state that are listed in the state register of historic places or the national register of historic places, or programs conducted pursuant thereto, may, with the approval of the administrator, engage in a program to raise money to benefit such a historic place or program pursuant to which a donor of money is allowed to name such a historic place, or any portion thereof, that receives any part of its funding from or through this state.
κ2001 Statutes of Nevada, Page 1654 (Chapter 348, AB 102)κ
2. The administrator shall not approve a program pursuant to which a donor is allowed to rename a historic place or any portion thereof.
3. The administrator may adopt such regulations as he determines are necessary to carry out the provisions of this section.
Sec. 2. NRS 384.050 is hereby amended to read as follows:
384.050 1. The governor shall appoint to the commission:
(a) One member who is a county commissioner of Storey County.
(b) One member who is a county commissioner of Lyon County.
(c) One member who is the administrator or an employee of the office of historic preservation of the department of cultural affairs.
(d) Two members who are persons licensed as general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a certificate of registration to practice architecture [in this state.] pursuant to chapter 623 of NRS.
(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.
2. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are elected and qualified.
3. Each member of the commission is entitled to receive a salary of not more than $80, as fixed by the commission, for each days attendance at a meeting of the commission.
4. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
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Assembly Bill No. 197Assemblymen Leslie, Bache, Parks, de Braga, Gibbons, Brower, Buckley, Chowning, Freeman, Giunchigliani, Humke, Koivisto, Manendo, McClain, Parnell, Smith and Williams
CHAPTER 349
AN ACT relating to electric services; requiring electric utilities and alternative sellers to disclose to customers certain information concerning electric services and any products and services relating thereto; setting forth the types of information that must be disclosed by the electric utilities and alternative sellers; requiring the public utilities commission of Nevada to adopt regulations; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On and after October 1, 2001, each electric utility shall disclose to its customers information about electric services, and any products and services relating thereto, that are being provided to or purchased for those customers by the electric utility. The disclosure must:
(a) Be in a standard, uniform format established by the commission by regulation;
κ2001 Statutes of Nevada, Page 1655 (Chapter 349, AB 197)κ
(b) Be included:
(1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its customers; and
(2) If the electric utility maintains a website on the Internet or its successor, if any, on that website; and
(c) Include adequate information so that a customer can readily evaluate his options for obtaining electric services or any products or services relating thereto.
2. A disclosure required by this section must include, if applicable:
(a) The average mix of fuel sources used to create the electricity, including, without limitation, oil, coal, gas, solar energy, hydroelectric energy, wind, biofuel, nuclear energy, energy from the incineration of solid waste, biomass and any other specific source that is used to generate the electricity provided to the customer. An electric utility may, if available, use a regional average that has been determined by the commission for that portion of electricity purchased by the customer for which the specific mix of fuel sources cannot be discerned.
(b) The average emissions, measured in pounds per megawatt hour, of high-level radioactive waste generated, if any, sulfur dioxide, carbon dioxide, oxides of nitrogen, heavy metals and any other emission that the commission, in cooperation with the division of environmental protection of the state department of conservation and natural resources, determines may cause a significant health or environmental impact and for which sufficiently accurate and reliable data is available. If an electric utility uses a regional average for the mix of fuel sources pursuant to paragraph (a), the electric utility shall, if available, also use a regional calculation for emissions that has been determined by the commission.
(c) Information concerning customer service.
(d) Information concerning energy programs that provide assistance to persons with low incomes, including information on applying for these programs.
3. An electric utility:
(a) Shall make the disclosures required pursuant to this section in accordance with the requirements adopted by the commission as to form and substance; and
(b) Shall ensure that it provides the information in compliance with all applicable state and federal law governing unfair advertising and labeling.
4. The commission shall adopt such regulations concerning form and substance for the disclosures required by this section as are necessary to ensure that customers are provided with sufficient information so that they can readily evaluate their options for obtaining electric services and any products and services relating thereto.
5. On and after the date upon which customers may begin obtaining generation, aggregation, metering, billing and any other potentially competitive services from alternative sellers, an alternative seller is subject to all of the provisions of this section that are applicable to an electric utility.
6. As used in this section:
(a) Biomass means crops grown specifically for the production of energy and organic waste.
κ2001 Statutes of Nevada, Page 1656 (Chapter 349, AB 197)κ
(b) Electric utility includes an electric distribution utility and a vertically integrated electric utility, and any affiliate or successor organization thereof.
Sec. 2. NRS 704.965 is hereby amended to read as follows:
704.965 As used in NRS 704.965 to 704.990, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.966 to 704.975, inclusive, have the meanings ascribed to them in those sections.
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Assembly Bill No. 202Assemblymen Bache, Giunchigliani, Perkins, Williams, Berman, Anderson, Buckley, de Braga, Lee, Leslie, Manendo, Mortenson, Parks, Tiffany and Von Tobel
Joint Sponsors: Senators OConnell, Wiener, Titus, Schneider and Shaffer
CHAPTER 350
AN ACT relating to metropolitan police departments; revising provisions relating to withdrawal from or dissolution of a department; requiring the approval of the voters for withdrawal from or dissolution of a department; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. If a participating political subdivision in a department that consists of three or more participating political subdivisions wishes to withdraw from the department, the participating political subdivision must submit the question of whether the political subdivision should withdraw from the department to the registered voters of the political subdivision at a general election held pursuant to NRS 293.12755. The participating political subdivision shall give notice of its intent to withdraw to the other participating political subdivisions at least 6 months before that general election. If a majority of the voters approve the question, the effective date of the withdrawal is the commencement of the fiscal year immediately following the general election at which the question of withdrawal is approved. The ordinance that had been adopted by the withdrawing political subdivision providing for the merger is void on the effective date of the withdrawal.
2. If a department consists of:
(a) Two participating political subdivisions and one of the participating political subdivisions determines that it wishes to withdraw; or
(b) Three or more participating political subdivisions and all or all except one of the participating political subdivisions determine that they wish to withdraw,
the participating political subdivisions must each submit the question of whether the department should be dissolved to the registered voters within their jurisdiction at the next general election held pursuant to NRS 293.12755.
κ2001 Statutes of Nevada, Page 1657 (Chapter 350, AB 202)κ
their jurisdiction at the next general election held pursuant to NRS 293.12755. If a majority of the total votes cast on the question are in favor of the dissolution of the department, the effective date of the dissolution is the commencement of the fiscal year immediately following the general election at which the question of dissolution is approved. The ordinances that had been adopted by the participating political subdivisions providing for the merger are void on the effective date of the dissolution.
Sec. 3. 1. Upon the withdrawal of a participating political subdivision from the department, the committee, in cooperation with the withdrawing political subdivision, shall determine the employees of the department that must be transferred to the law enforcement agency of the withdrawing political subdivision.
2. Such employees must hold positions of rank and grade comparable to their positions with the department before their transfer to the withdrawing political subdivision and are entitled to suffer no loss in pay, pension, fringe benefits or other job benefits by reason of the transfer.
3. Sick leave, longevity and vacation time accrued to such employees in the service of the department must be credited to them as employees of the law enforcement agency of the withdrawing political subdivision. All rights and accruals of such employees as members of the public employees retirement system pursuant to the Public Employees Retirement Act remain in force and must be automatically transferred from the department to the law enforcement agency of the withdrawing political subdivision.
4. The duties and responsibilities of such employees must not be diminished by reason of their transfer to the withdrawing political subdivision, but their area and division of assignment may be changed at the discretion of the chief law enforcement officer of the law enforcement agency of the withdrawing political subdivision.
Sec. 4. 1. Upon the dissolution of a department, employees of the department may, at the discretion of the employee, obtain employment with the political subdivision in the boundaries of which the employee had performed the majority of his duties for the department during the fiscal year immediately preceding dissolution.
2. Such employees must hold positions of rank and grade comparable to their positions before dissolution and are entitled to suffer no loss in pay, pension, fringe benefits or other job benefits by reason of the dissolution.
3. Sick leave, longevity and vacation time accrued to such employees in the service of the department must be credited to them as employees of the law enforcement agencies of the political subdivisions participating in the department at the time of dissolution. All rights and accruals of such employees as members of the public employees retirement system pursuant to the Public Employees Retirement Act remain in force and must be automatically transferred from the department to such law enforcement agencies.
κ2001 Statutes of Nevada, Page 1658 (Chapter 350, AB 202)κ
4. The duties and responsibilities of such employees must not be diminished by reason of the dissolution, but their area and division of assignment may be changed at the discretion of chief law enforcement officers of the law enforcement agencies of the political subdivisions to which the employees are transferred upon dissolution.
Sec. 5. 1. Any contract, franchise or other agreement into which a department enters after merger for goods or services is subject to rescission by either party if one or more of the participating political subdivisions withdraw from the department or the department is dissolved.
2. A valid claim against a department arising from law enforcement activity is not diminished or altered by reason of the dissolution of the department. The participating political subdivisions at the time of dissolution are liable for any claims resulting from any pending action or proceeding which involves any debt, demand, liability or obligation or which has been brought by or against the department after the merger, irrespective of the nature of such matter in litigation.
Sec. 6. NRS 280.110 is hereby amended to read as follows:
280.110 1. The board of county commissioners of any county and the governing body of any city or cities located in the county may merge their respective law enforcement agencies into one metropolitan police department. To do so, the board of county commissioners of the participating county and the governing body of each participating city must each adopt an ordinance providing for the merger. Except with respect to an ordinance providing for the reorganization of an existing department pursuant to the provisions of this chapter, any ordinance providing for a merger must be adopted and become effective on or before November 30 in the year preceding the commencement of the fiscal year in which the merger is to occur.
2. [Any participating political subdivision may withdraw from the metropolitan police department by repealing the ordinance providing for the merger. The withdrawal must be effective at the beginning of a fiscal year and notice must be given to all other participating political subdivisions at least 6 months in advance of that date.
3.] If the act or charter under which a participating city is organized provides for the appointment of a chief of police and his duties of law enforcement and the governing body of the city adopts an ordinance for the merger authorized by this section:
(a) The charter provision for appointment of a chief of police shall be deemed superseded as long as the ordinance providing for a merger of the police department of the participating city remains in effect.
(b) The duties of law enforcement vested in the law enforcement agencies designated in the merger, devolve upon the metropolitan police department, except the duty to construct, maintain or operate any county or city jail or detention facility.
[4.] 3. Any nonparticipating city may, by adopting an ordinance providing for a merger, merge its law enforcement agency into an existing metropolitan police department with the unanimous consent of the committee and subject to such rules and regulations as the committee may adopt which are consistent with the provisions of this chapter.
κ2001 Statutes of Nevada, Page 1659 (Chapter 350, AB 202)κ
Sec. 7. NRS 280.220 is hereby amended to read as follows:
280.220 1. Upon merger, the county auditor or county comptroller of a county which has a department shall:
[1.] (a) Create in the county treasury one or more funds and accounts within those funds, pursuant to the provisions of NRS 354.470 to 354.626, inclusive, as the department may request, for the exclusive use of the department.
[2.] (b) Receive all money from the county, participating cities and any other source on behalf of the department and deposit the money in the appropriate department fund.
[3.] (c) Receive all money collected by the department for any purpose, except criminal and civil fines, and deposit the money in the appropriate department fund.
[4.] (d) Issue warrants against a department fund in the manner provided in this chapter.
[5.] (e) Credit any interest earned on money held in a department fund to any such fund designated by the department.
[6.] (f) Retain in each department fund any balances remaining at the end of each fiscal year.
2. Within 30 days after the effective date of the withdrawal of a participating political subdivision from the department, the county auditor or county comptroller shall issue a warrant to pay to the withdrawing political subdivision any money held in a department fund that is attributable to the withdrawing political subdivision based on the proportion that the total budgetary contribution of the withdrawing