Link to Page 1918

 

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ê2001 Statutes of Nevada, Page 1919 (Chapter 397, AB 428)ê

 

ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.

    3.  During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.

    4.  If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.

    Sec. 12.  NRS 232.215 is hereby amended to read as follows:

    232.215  The director:

    1.  Shall appoint a chief of the:

    (a) Risk management division;

    (b) Buildings and grounds division;

    (c) Purchasing division;

    (d) State printing division;

    (e) Administrative services division;

    (f) Division of internal audits; and

    (g) Motor pool division, if separately established.

    2.  Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.

    3.  Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.

    4.  [Shall serve as chairman of the state public works board.

    5.] Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

    [6.] 5.  Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.

    [7.] 6.  Has such other powers and duties as are provided by law.

    Sec. 13.  Notwithstanding the amendatory provisions of NRS 341.020, each member of the state public works board continues to serve on the board until the expiration of his term.

    Sec. 14.  1.  This section and sections 1 to 9, inclusive, 11, 12 and 13 of this act become effective on July 1, 2001.

    2.  Section 9 of this act expires by limitation on October 1, 2003.

    3.  Section 10 of this act becomes effective at 12:01 a.m. on October 1, 2003.

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ê2001 Statutes of Nevada, Page 1920ê

 

CHAPTER 398, AB 442

Assembly Bill No. 442–Assemblymen Ohrenschall, Manendo, Claborn, Anderson, Angle, Arberry, Berman, Brown, Buckley, Carpenter, Chowning, Collins, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Hettrick, Humke, Koivisto, Lee, McClain, Mortenson, Nolan, Oceguera, Parks and Price

 

CHAPTER 398

 

AN ACT relating to sanitation; increasing the penalties for disposing of sewage or solid waste unlawfully; 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 444.630 is hereby amended to read as follows:

    444.630  1.  [As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

    2. Every] A person who [willfully] places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any [garbage,] solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property , [into or upon which the public is admitted by easement, license or otherwise,] is guilty of :

    (a) For a first offense within the immediately preceding 2 years, a misdemeanor . [and, if the convicted person agrees, he shall be sentenced to]

    (b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not fewer than 14 days but not more than 1 year.

    (c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.

    2.  In addition to any criminal penalty imposed pursuant to subsection 1 and any civil penalty imposed pursuant to NRS 444.635, a court shall sentence a person convicted of violating subsection 1:

    (a) If the person is a natural person, to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.

    (b) If the person is a business entity:

         (1) For a first or second offense within the immediately preceding 2 years, to:

             (I) Clean up the dump site; and

             (II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.

         (2) For a third or subsequent offense within the immediately preceding 2 years, to:


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ê2001 Statutes of Nevada, Page 1921 (Chapter 398, AB 442)ê

 

             (I) Clean up the dump site; and

             (II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.

    3.  If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:

    (a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and

    (b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.

The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).

    4.  In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:

    (a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this state; and

    (b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.

    5.  Except as otherwise provided in NRS 444.585, ownership of [garbage] solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any [garbage] solid waste which is disposed of in violation of subsection [2] 1 creates a reasonable inference that the owner is the person who disposed of the [garbage.] solid waste. The fact that the disposal of the [garbage] solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

    [4.] 6.  All:

    (a) Health officers and their deputies;

    (b) Game wardens;

    (c) Police officers of cities and towns;

    (d) Sheriffs and their deputies;

    (e) Other peace officers of the State of Nevada; and

    (f) Other persons who are specifically designated by the local government to do so,

shall, within their respective jurisdictions, enforce the provisions of this section.

    [5.] 7.  A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.

    [6.] 8.  To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

    (a) Agency of the state or its political subdivisions.

    (b) Employer, public or private.

    (c) Employee organization or trust of any kind.

    (d) Financial institution or other entity which is in the business of providing credit reports.


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ê2001 Statutes of Nevada, Page 1922 (Chapter 398, AB 442)ê

 

    (e) Public utility.

Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection [2.] 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

    Sec. 2.  This act becomes effective upon passage and approval for the purpose of the solid waste management authority prescribing the forms of proof which may be provided to satisfy the provisions of paragraph (b) of subsection 3 of section 1 of this act, and on September 1, 2001, for all other purposes.

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CHAPTER 399, AB 452

Assembly Bill No. 452–Assemblywoman Giunchigliani

 

CHAPTER 399

 

AN ACT relating to insurance; requiring certain providers of individual or group health insurance to contract with federally qualified health centers as providers of certain health care services under certain circumstances; providing a penalty; 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 689A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An individual carrier that offers a health benefit plan that includes a provision for a restricted network shall use its best efforts to contract with at least one health center in each established geographic service area to provide health care services to persons covered by the plan if the health center:

    (a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:

         (1) Certification for participation in the Medicaid or Medicare program; and

         (2) Requirements relating to the appropriate credentials for providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.

    2.  As used in this section, “health center” has the meaning ascribed to it in 42 U.S.C. § 254b.

    Sec. 2.  NRS 689A.470 is hereby amended to read as follows:

    689A.470  As used in NRS 689A.470 to 689A.740, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 689A.475 to 689A.605, inclusive, have the meanings ascribed to them in those sections.


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ê2001 Statutes of Nevada, Page 1923 (Chapter 399, AB 452)ê

 

    Sec. 3.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A carrier that offers coverage through a network plan shall use its best efforts to contract with at least one health center in each established geographic service area of the carrier or geographic area for which the carrier is authorized to transact insurance to provide medical care for enrollees if the health center:

    (a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:

         (1) Certification for participation in the Medicaid or Medicare program; and

         (2) Requirements relating to the appropriate credentials for providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.

    2.  As used in this section:

    (a) “Health center” has the meaning ascribed to it in 42 U.S.C. § 254b.

    (b) “Network plan” has the meaning ascribed to it in NRS 689B.570.

    Sec. 4.  NRS 689B.340 is hereby amended to read as follows:

    689B.340  As used in NRS 689B.340 to 689B.600, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 689B.350 to 689B.460, inclusive, have the meanings ascribed to them in those sections.

    Sec. 5.  Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A carrier that offers a network plan shall use its best efforts to contract with at least one health center in each established geographic service area to provide health care as a member of the carrier’s defined set of providers under the network plan if the health center:

    (a) Meets all conditions imposed by the carrier on similarly situated providers of health care that are members of the carrier’s defined set of providers, including, without limitation:

         (1) Certification for participation in the Medicaid or Medicare program; and

         (2) Requirements relating to the appropriate credentials for providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care that are members of the carrier’s defined set of providers.

    2.  As used in this section, “health center” has the meaning ascribed to it in 42 U.S.C. § 254b.

    Sec. 6.  NRS 695A.152 is hereby amended to read as follows:

    695A.152  1.  To the extent reasonably applicable, a fraternal benefit society shall comply with the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS relating to the portability and availability of health insurance offered by the society to its members. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS, the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS control.


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ê2001 Statutes of Nevada, Page 1924 (Chapter 399, AB 452)ê

 

    2.  For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to “group health plan” or “carrier” must be replaced by “fraternal benefit society.”

    Sec. 7.  NRS 695B.318 is hereby amended to read as follows:

    695B.318  1.  Nonprofit hospital, medical or dental service corporations are subject to the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS relating to the portability and availability of health insurance offered by such organizations. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS, the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS control.

    2.  For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to:

    (a) “Carrier” must be replaced by “corporation.”

    (b) “Group health plan” must be replaced by “group contract for hospital, medical or dental services.”

    Sec. 8.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in NRS 422.273, a health maintenance organization that furnishes health care services through providers which are under contract with the organization shall use its best efforts to contract with at least one health center in each geographic area served by the organization to provide such services to enrollees if the health center:

    (a) Meets all conditions imposed by the organization on similarly situated providers of health care that are under contract with the organization, including, without limitation:

         (1) Certification for participation in the Medicaid or Medicare program; and

         (2) Requirements relating to the appropriate credentials for providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the organization to similarly situated providers of health care that are under contract with the organization.

    2.  As used in this section, “health center” has the meaning ascribed to it in 42 U.S.C. § 254b.

    Sec. 9.  NRS 695F.090 is hereby amended to read as follows:

    695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

    1.  NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

    2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

    3.  The requirements of NRS 679B.152.

    4.  The fees imposed pursuant to NRS 449.465.

    5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.


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ê2001 Statutes of Nevada, Page 1925 (Chapter 399, AB 452)ê

 

    6.  The assessment imposed pursuant to NRS 679B.158.

    7.  Chapter 683A of NRS.

    8.  To the extent applicable, the provisions of NRS 689B.340 to 689B.600, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

    9.  NRS 689A.035, 689A.410 and 689A.413.

    10.  NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

    11.  Chapter 692C of NRS, concerning holding companies.

    12.  Section 1 of this act, concerning health centers.

    Sec. 10.  Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A managed care organization that delivers health care services by using independently contracted providers of health care shall use its best efforts to contract with at least one health center in each geographic area served by the organization to provide such services to insureds if the health center:

    (a) Meets all conditions imposed by the organization on similarly situated providers of health care that are under contract with the organization, including, without limitation:

         (1) Certification for participation in the Medicaid or Medicare program; and

         (2) Requirements relating to the appropriate credentials for providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the organization to similarly situated providers of health care that are under contract with the organization.

    2.  As used in this section, “health center” has the meaning ascribed to it in 42 U.S.C. § 254b.

    Sec. 11.  NRS 287.010 is hereby amended to read as follows:

    287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

    (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

    (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.


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ê2001 Statutes of Nevada, Page 1926 (Chapter 399, AB 452)ê

 

    (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of section 3 of this act and NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.

    (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

    2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

    Sec. 12.  NRS 287.045 is hereby amended to read as follows:

    287.045  1.  Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

    2.  Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:

    (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

    (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

    3.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the program, and every officer or employee who commences his employment after that date, is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

    4.  Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.


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ê2001 Statutes of Nevada, Page 1927 (Chapter 399, AB 452)ê

 

    5.  An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the program at the time of his retirement is eligible to participate in the program 60 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.

    6.  Notwithstanding the provisions of subsections 1, 3 and 4, if the board does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.

    Sec. 12.5.  NRS 422.273 is hereby amended to read as follows:

    422.273  1.  For any Medicaid managed care program established in the State of Nevada, the department shall contract only with a health maintenance organization that has:

    (a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

    (b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and

    (c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.

Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.

    2.  During the development and implementation of any Medicaid managed care program, the department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.

    3.  The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.

    4.  For the [purposes] purpose of contracting with a Medicaid managed care program pursuant to this section [:] , a health maintenance organization is exempt from the provisions of section 8 of this act.


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ê2001 Statutes of Nevada, Page 1928 (Chapter 399, AB 452)ê

 

    5.  As used in this section, unless the context otherwise requires:

    (a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

    (b) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

    Sec. 13.  The amendatory provisions of this act apply to all policies, contracts and plans for health insurance, managed care or the provision of health care services entered into or renewed on or after January 1, 2002.

    Sec. 14.  The amendatory provisions of this act do not apply to offenses committed before January 1, 2002.

    Sec. 15.  This act becomes effective on January 1, 2002.

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CHAPTER 400, AB 459

Assembly Bill No. 459–Assemblymen Parks, Leslie, Williams, Bache, Anderson, Arberry, Buckley, Cegavske, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Manendo, McClain, Mortenson, Neighbors, Ohrenschall, Parnell, Perkins, Price and Smith

 

Joint Sponsors: Senators Titus, Wiener, Rawson, Care and Coffin

 

CHAPTER 400

 

AN ACT relating to education; prohibiting harassment and intimidation in public schools; requiring each school district to disseminate related information to pupils; 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 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Harassment” means a willful act or course of conduct that is not otherwise authorized by law and is:

    1.  Highly offensive to a reasonable person; and

    2.  Intended to cause and actually causes another person to suffer serious emotional distress.

    Sec. 4.  “Intimidation” means a willful act or course of conduct that is not otherwise authorized by law and:

    1.  Is highly offensive to a reasonable person; and

    2.  Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person.


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ê2001 Statutes of Nevada, Page 1929 (Chapter 400, AB 459)ê

 

    Sec. 5.  The legislature declares that:

    1.  A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this state to achieve academic success and meet this state’s high academic standards;

    2.  Any form of harassment or intimidation in public schools seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

    3.  The intended goal of the legislature is to ensure that:

    (a) The public schools in this state provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential; and

    (b) All administrators, principals, teachers and other personnel of the school districts and public schools in this state demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate harassment or intimidation; and

    4.  By declaring its goal that the public schools in this state provide a safe and respectful learning environment, the legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse and harassment.

    Sec. 6.  A member of the board of trustees of a school district, any employee of the board of trustees, including, without limitation, an administrator, principal, teacher or other staff member, or any pupil shall not engage in harassment or intimidation on the premises of any public school, at an activity sponsored by a public school or on any school bus.

    Sec. 7.  Each school district shall include the text of the provisions of sections 3 to 6, inclusive, of this act under the heading “Harassment and Intimidation is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.

    Sec. 8.  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.

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ê2001 Statutes of Nevada, Page 1930ê

 

CHAPTER 401, AB 461

Assembly Bill No. 461–Assemblyman Parks

 

CHAPTER 401

 

AN ACT relating to public works; eliminating the provision providing an exemption from qualifying to bid for a public work of this state; requiring the state public works board to adopt by regulation an additional criteria for the qualification of bidders on a contract for a public work of this state; authorizing the state public works board and the governing body of a local government to determine whether an applicant is qualified to bid by project or for a specified period; allowing the governing body of a local government that does not adopt criteria for the qualification of bidders to accept a bid on a contract for a public work from certain persons; 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 338.1373 is hereby amended to read as follows:

    338.1373  1.  A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:

    (a) NRS [338.1375] 338.1377 to 338.1389, inclusive; or

    (b) NRS 338.143, 338.145 and 338.147.

    2.  The provisions of NRS 338.1375 to 338.1383, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the department of transportation pursuant to NRS 408.313 to 408.433, inclusive, and section 1 of Assembly Bill No. 86 of this [act.] session.

    Sec. 2.  NRS 338.1375 is hereby amended to read as follows:

338.1375  1.  [Except as otherwise provided in NRS 338.1383, a public body] The state public works board shall not accept a bid on a contract for a public work unless the person who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.

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

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

    3.  The criteria adopted by the state public works board pursuant to this section:

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

    (b) May include only:

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


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ê2001 Statutes of Nevada, Page 1931 (Chapter 401, AB 461)ê

 

         (2) The principal personnel of the applicant;

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

         (4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387; and

         (5) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant.

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

    (a) Construction trade associations; and

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

    Sec. 3.  NRS 338.1377 is hereby amended to read as follows:

    338.1377  1.  Except as otherwise provided in NRS 338.1383, the governing body of each local government that sponsors or finances a public work shall adopt criteria for the qualification of bidders on contracts for public works of the local government. The governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.

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

    (a) Construction trade associations in this state; and

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

    3.  The criteria adopted by [the state public works board or] a governing body pursuant to [NRS 338.1375] this section to determine whether an applicant is qualified to bid on a contract for a public work:

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

    [2.] (b) May include only:

    [(a)] (1) The financial ability of the applicant to perform [the] a contract;

    [(b)] (2) The principal personnel of the applicant;

    [(c)] (3) Whether the applicant has breached any contracts with a public agency or person in this state or any other state; and

    [(d)] (4) Whether the applicant has been disqualified from being awarded [the] a contract pursuant to NRS 338.017 or 338.1387.

    Sec. 4.  NRS 338.1379 is hereby amended to read as follows:

    338.1379  1.  Except as otherwise provided in NRS 338.1383, a person who wishes to qualify as a bidder on a contract for a public work must submit an application to the state public works board or the governing body.

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

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

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


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ê2001 Statutes of Nevada, Page 1932 (Chapter 401, AB 461)ê

 

    3.  The state public works board or the governing body shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of his right to a hearing pursuant to NRS 338.1381.

    4.  The state public works board or the governing body of a local government may determine an applicant is qualified to bid:

    (a) On a specific project;

    (b) On more than one project over a period of 12 months; or

    (c) On more than one project over a period of 24 months.

    5.  The state public works board shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.

    6.  The [state public works board or the] governing body of a local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.

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

    Sec. 5.  NRS 338.1383 is hereby amended to read as follows:

    338.1383  [A public body may] If a local government does not adopt criteria for the qualification of bidders on a public work pursuant to NRS 338.1377, the governing body may only accept a bid on a contract for a public work from a person who [does not qualify pursuant to NRS 338.1379 if the person] holds:

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

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

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

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

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

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

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

    Sec. 6.  This bill becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 1933ê

 

CHAPTER 402, AB 468

Assembly Bill No. 468–Assemblymen Beers, Tiffany, Berman, Brown, Carpenter, Collins, Hettrick, Humke, Lee, Marvel, Oceguera, Ohrenschall and Price

 

CHAPTER 402

 

AN ACT relating to water; requiring a county of origin to obtain the prior approval of the state engineer before imposing a tax on certain transfers of water; requiring the state engineer to make certain determinations concerning those transfers; prohibiting the imposition of the tax upon certain water; 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 533.438 is hereby amended to read as follows:

    533.438  1.  [If an application or applications] Except as otherwise provided in subsection 4, if an appropriation of ground water pursuant to a permit to appropriate ground water [would result] results in the transfer to and beneficial use of water [to be used] in a county in this state other than the county in which the water is [to be] appropriated or in another state, the county of origin may impose a tax of $6 per acre-foot per year on the transfer.

    2.  A county of origin shall not impose a tax pursuant to subsection 1 without the prior approval of the state engineer. The county of origin shall notify the state engineer in writing of its intent to impose the tax. The state engineer shall review the notice of intent to impose the tax to determine:

    (a) Whether the appropriation of ground water pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this state other than the county of origin or in another state; and

    (b) The amount of water, if any, that is:

         (1) Subject to the proposed tax because of that transfer and beneficial use; or

         (2) Not subject to the proposed tax pursuant to subsection 4.

    3.  Within 30 days after reviewing the notice of intent to impose the tax, the state engineer shall send a written notice to the county of origin that includes the results of his review. If the state engineer determines that the appropriation of ground water pursuant to the permit results in a transfer to and beneficial use of water in a county in this state other than the county of origin or in another state, the state engineer shall include in the notice the amount of water that is subject to the proposed tax. The county may, upon such a determination, impose the tax on the transfer.

    4.  A tax may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate ground water which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a county in this state other than the county of origin or into another state.


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ê2001 Statutes of Nevada, Page 1934 (Chapter 402, AB 468)ê

 

    5.  All money collected from [this] a tax imposed pursuant to this section must be deposited in a trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.

    [3.] 6.  For the purposes of this section, if a basin includes land lying in more than one county each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it. The state engineer shall determine the respective proportions.

    [4.] 7.  As used in this section:

    (a) A “basin” is one designated by the state engineer for the purposes of chapter 534 of NRS.

    (b) “Origin” means the place where water is taken from underground.

________

 

CHAPTER 403, AB 574

Assembly Bill No. 574–Committee on Judiciary

 

CHAPTER 403

 

AN ACT relating to offenders; providing for the continuation of certain programs of treatment for the abuse of alcohol or drugs for certain offenders; revising certain provisions concerning such programs of treatment; making various changes concerning the sentencing of certain persons who are sentenced to imprisonment without the possibility of 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 209.4314 is hereby amended to read as follows:

    209.4314  1.  Except as otherwise provided in this section, if an advisory board has been created pursuant to NRS 209.4316 in the judicial district in which an offender was sentenced to imprisonment, the director shall, after consulting with the division, refer the offender to the advisory board if the director believes that the offender would participate successfully in and benefit from a program of treatment and:

    (a) The offender has:

         (1) Established a position of employment in the community, or a judge in the judicial district to which the offender would be assigned pursuant to NRS 213.500 will assist the offender to establish a position of employment in the community; and

         (2) Demonstrated an ability to pay for all or part of the costs of his participation in a program of treatment, including, without limitation, costs for room and board, and to meet any existing obligation for restitution to any victim of his crime, or a judge in the judicial district to which the offender would be assigned will assist the offender to ensure that the offender has the ability to pay for such costs and to meet such obligations; and

    (b) The offender:

         (1) Is within 2 years of his probable release from prison as determined by the director; or


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ê2001 Statutes of Nevada, Page 1935 (Chapter 403, AB 574)ê

 

         (2) Is imprisoned as a result of having had his parole [or probation] revoked on or after July 1, 1998, for a reason other than for committing a crime while on parole . [or probation.]

    2.  Except as otherwise provided in this section, if the director is notified by an advisory board pursuant to NRS 209.4316 that an offender should be assigned to the custody of the division to be assigned to participate in a program of treatment, the director shall assign the offender to the custody of the division to be assigned to participate in a program of treatment for a minimum of 1 year, but not longer than the remainder of his sentence.

    3.  The director shall adopt, by regulation, standards providing which offenders are eligible to be assigned to the custody of the division pursuant to this section. The standards must be approved by the board and reviewed by the interim finance committee. The standards adopted by the director must provide that an offender who:

    (a) Has recently committed a serious infraction of the rules of an institution or facility of the department;

    (b) Has not performed the duties assigned to him in a faithful and orderly manner;

    (c) Has ever been convicted of:

         (1) Any crime involving the use or threatened use of force or violence against the victim that is punishable as a gross misdemeanor or felony; or

         (2) A sexual offense;

    (d) Has previously been convicted four times or more in this state or elsewhere, of [more than one felony in this state or] any offense [in another state that would be a felony if committed in this state, unless each felony or] that under the laws of the situs of the offense or of this state would amount to a felony, unless an offense which the offender has been convicted of arose out of the same act, transaction or occurrence [;] as another offense, in which case the convictions for those offenses shall be deemed to constitute a single conviction for the purposes of this paragraph;

    (e) Has escaped or attempted to escape from any jail or correctional institution for adults; or

    (f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,

is not eligible for assignment to the custody of the division pursuant to this section to be assigned to participate in a program of treatment.

    4.  The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse a court, the division and the department for any costs incurred pursuant to NRS 209.4311 to 209.4317, inclusive, and 213.500. The regulations must be approved by the board and reviewed by the interim finance committee.

    5.  A court to which an offender has been assigned pursuant to NRS 213.500 may return the offender to the custody of the department at any time.

    6.  If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by a court to which the offender has been assigned pursuant to NRS 213.500 and is returned to the custody of the department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the department, as determined by the director. The director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice to the offender, and may restore credits forfeited for such reasons as he considers proper.


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ê2001 Statutes of Nevada, Page 1936 (Chapter 403, AB 574)ê

 

violation and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

    7.  The assignment of an offender to the custody of the division pursuant to this section shall be deemed:

    (a) A continuation of his imprisonment and not a release on parole; and

    (b) For the purposes of NRS 209.341, an assignment to a facility of the department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.

    8.  An offender does not have a right to be assigned to the custody of the division pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of NRS 209.4311 to 209.4317, inclusive, or 213.500 create any right or interest in liberty or property or establish a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

    9.  The director shall not assign more than 150 offenders to the custody of the division pursuant to this section to be assigned to participate in a program of treatment during each biennium.

    Sec. 2.  NRS 176.035 is hereby amended to read as follows:

    176.035  1.  Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 2 and 3, if the court makes no order with reference thereto, all such subsequent sentences run concurrently.

    2.  Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof. If the person is sentenced to a term of imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment and without reference to his eligibility for parole.

    3.  Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.

    4.  Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence must be executed without reference to the unexpired term of imprisonment.

    5.  This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.


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ê2001 Statutes of Nevada, Page 1937 (Chapter 403, AB 574)ê

 

    Sec. 3.  Section 14 of chapter 552, Statutes of Nevada 1999, at page 2883, is hereby amended to read as follows:

    Sec. 14.  1.  This act becomes effective on July 1, 1999.

    2.  [Sections 1 to 10, inclusive,] Section 3 of this act [expire] expires by limitation on June 30, 2001.

    3.  Sections 1, 2 and 4 to 10, inclusive, of this act expire by limitation on June 30, 2003.

________

 

CHAPTER 404, AB 619

Assembly Bill No. 619–Committee on Commerce and Labor

 

CHAPTER 404

 

AN ACT relating to manufactured home parks; authorizing the landlord of a manufactured home park to require written consent before a person moves a manufactured home or recreational vehicle into the manufactured home park; providing certain statutory exceptions for corporate cooperative parks; requiring the landlord of a manufactured home park to post periodically a report on the quality of water supplied to the manufactured home park; requiring the attendance of the administrator of the manufactured housing division of the department of business and industry or his representative at certain meetings between a landlord and tenant; authorizing the landlord of a manufactured home park to impose certain requirements relating to the occupancy of manufactured homes; providing that certain prohibitions relating to increases in rent for manufactured homes and manufactured home lots apply to long-term leases; reducing certain periods of notice required before a landlord may bring an action for an unlawful detainer or terminate a written agreement; requiring the manufactured housing division of the department of business and industry to create a limited license authorizing the landlord or manager of a manufactured home park to resell a manufactured home 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.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  “Corporate cooperative park” means a manufactured home park owned by a nonprofit cooperative corporation formed pursuant to chapter 81 of NRS that is wholly owned or controlled by the tenants of the park.

    Sec. 3.  1.  The landlord of a manufactured home park may require that a person submit a written application to and receive written consent from the landlord before the person moves or causes to be moved a manufactured home or recreational vehicle into the manufactured home park. The landlord shall not unreasonably withhold his consent.

    2.  If the landlord of a manufactured home park requires written consent pursuant to subsection 1, the landlord shall post and maintain a sign that is clearly readable at the entrance to the manufactured home park which advises the reader of the consent that is required before a person may move or cause to be moved a manufactured home or recreational vehicle into the manufactured home park.


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ê2001 Statutes of Nevada, Page 1938 (Chapter 404, AB 619)ê

 

    3.  If a person moves or causes to be moved a manufactured home or recreational vehicle into the manufactured home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, the landlord of that manufactured home park may:

    (a) After providing at least 5 days’ written notice to the person, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or

    (b) Require the person to sign a rental agreement. If the person refuses to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 5 days’ written notice to the person, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.

    4.  For the purposes of NRS 40.251, a person who moves or causes to be moved a manufactured home or recreational vehicle into a manufactured home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, shall be deemed a tenant at will and a lessee of the manufactured home park.

    5.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 4.  1.  The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or other common area in the manufactured home park, a current report on the quality of the water that is supplied to the manufactured home park.

    2.  Except as otherwise provided in subsection 3, the report must be obtained from the community water system that is the supplier of water to the manufactured home park. Except as otherwise provided in subsection 4, the landlord shall post the report at least once each year and at such other times as the community water system may provide an updated report to the landlord.

    3.  If a manufactured home park is not a community water system and does not otherwise obtain water from a community water system, the landlord of the manufactured home park shall annually cause the water that is provided to the tenants of the manufactured home park to be tested in accordance with the standards adopted pursuant to NRS 445A.855. The test must be performed by a laboratory certified by the health division of the department of human resources pursuant to NRS 445A.863.

    4.  Upon receipt of the results of a test performed pursuant to subsection 3, the landlord shall prepare or cause to be prepared a report on the quality of the water that is supplied to the tenants of the manufactured home park. The report must be accurately based upon the results of the test and prepared in accordance with the standards adopted by the state board of health pursuant to NRS 445A.855 for similar reports by community water systems. The landlord shall post a copy of the most current report in accordance with subsection 1 and shall deliver a copy of each such report to the health division of the department of human resources or the health authority as that term is defined in NRS 445A.820.

    5.  As used in this section, “community water system” has the meaning ascribed to it in NRS 445A.808.


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ê2001 Statutes of Nevada, Page 1939 (Chapter 404, AB 619)ê

 

    Sec. 5.  NRS 118B.010 is hereby amended to read as follows:

    118B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 6.  NRS 118B.060 is hereby amended to read as follows:

    118B.060  1.  Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.

    2.  The landlord shall maintain a separate record of the deposits.

    3.  Except as otherwise provided in subsection 4:

    (a) All deposits are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.

    (b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.

    4.  Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest at the rate of 5 percent per year, compounded annually, for the entire period during which the deposit was held by the landlord.

    5.  Upon termination of the landlord’s interest in the manufactured home park, the landlord shall transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.

    6.  If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.

    7.  If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.

    8.  The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.

    9.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 7.  NRS 118B.110 is hereby amended to read as follows:

    118B.110  1.  The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants.


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ê2001 Statutes of Nevada, Page 1940 (Chapter 404, AB 619)ê

 

tenants. The representative group of tenants must consist of no more than five persons.

    2.  At least 10 days before any meeting is held pursuant to this section , the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.

    3.  If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the manufactured home park to meet with the tenants.

    4.  If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.

    5.  If the landlord of a manufactured home park is a cooperative association or a corporation for public benefit, the landlord shall provide a notice of the meeting to the administrator and the administrator or his representative shall attend the meeting.

    6.  As used in this section:

    (a) “Cooperative association” means an association formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.

    (b) “Corporation for public benefit” has the meaning ascribed to it in NRS 82.021.

    Sec. 8.  NRS 118B.120 is hereby amended to read as follows:

    118B.120  1.  The landlord or his agent or employee may:

    (a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

    (b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenant’s lot and charge the tenant a service fee for the actual cost of that maintenance.

    (c) Require that the manufactured home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.

    2.  The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a manufactured home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.

    3.  The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees, absent a voluntary assumption of that duty by the tenant for trees on the tenant’s lot.

    4.  For the purposes of this section, a manufactured home shall be deemed to be abandoned if:

    (a) It is located on a lot in a manufactured home park , other than a corporate cooperative park, for which no rent has been paid for at least 60 days;

    (b) It is unoccupied; and

    (c) The manager of the manufactured home park reasonably believes it to be abandoned.

    Sec. 9.  NRS 118B.140 is hereby amended to read as follows:

    118B.140  [The]

    1.  Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:


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ê2001 Statutes of Nevada, Page 1941 (Chapter 404, AB 619)ê

 

    [1.] (a) Require a person to purchase a manufactured home from him or any other person as a condition to renting a manufactured home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a manufactured home from him or any other person.

    [2.] (b) Charge or receive:

    [(a)] (1) Any entrance or exit fee for assuming or leaving occupancy of a manufactured home lot.

    [(b)] (2) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his manufactured home or recreational vehicle within the manufactured home park even if the manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of manufactured homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.

    [(c)] (3) Any fee for the tenant’s spouse or children.

    [(d)] (4) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

    [(e)] (5) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

    [(f)] (6) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, for which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public utilities commission of Nevada.

    [(g)] (7) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each manufactured home lot.

    [(h)] (8) Any fee, surcharge or rent increase to recover from his tenants any amount that exceeds the amount of the cost for a governmentally mandated service or tax that was paid by the landlord.

    2.  Except for the provisions of subparagraphs (3), (4), (6) and (8) of paragraph (b) of subsection 1, the provisions of this section do not apply to a corporate cooperative park.

    Sec. 10.  NRS 118B.150 is hereby amended to read as follows:

    118B.150  [The]

    1.  Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:

    [1.] (a) Increase rent or additional charges unless:

    [(a)] (1) The rent charged after the increase is the same rent charged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:

         [(1)] (I) Are handicapped;


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ê2001 Statutes of Nevada, Page 1942 (Chapter 404, AB 619)ê

 

         [(2)] (II) Are 55 years of age or older;

         [(3)] (III) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;

         [(4)] (IV) Pay their rent in a timely manner; or

         [(5)] (V) Pay their rent by check, money order or electronic means;

    [(b)] (2) Any increase in additional charges for special services is the same amount for each tenant using the special service; and

    [(c)] (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this [paragraph,] subparagraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.

    [2.] (b) Require a tenant to pay for an improvement to the common area of a manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.

    [3.] (c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this [subsection.

    4.] paragraph.

    (d) Require a tenant to pay his rent by check or money order.

    [5.] (e) Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.

    [6.] (f) Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any manufactured home or recreational vehicle in the park to discuss the park’s affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.

    [7.] (g) Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this [subsection] paragraph is liable to the tenant for actual damages.

    [8.] (h) Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.


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ê2001 Statutes of Nevada, Page 1943 (Chapter 404, AB 619)ê

 

    [9.] (i) Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a manufactured home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.

    [10.] (j) Prohibit a tenant from erecting a fence along the perimeter of the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.

    [11.] (k) Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this [subsection,] paragraph, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.

    [12.] (l) Prohibit a public officer , [or] candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants [.] or distribute political material.

    [13.] (m) If a tenant has voluntarily assumed responsibility to trim the trees on his lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.

    2.  The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.

    3.  As used in this section, “long-term lease” means a rental agreement or lease the duration of which exceeds 12 months.

    Sec. 11.  NRS 118B.153 is hereby amended to read as follows:

    118B.153  [The]

    1.  Except as otherwise provided in subsection 2, the amount of rent charged a tenant for a service, utility or amenity upon moving into the manufactured home park must be reduced proportionately when the service, utility or amenity is decreased or eliminated by the landlord. The landlord may not increase the rent to recover the lost revenue.

    2.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 12.  NRS 118B.160 is hereby amended to read as follows:

    118B.160  [The]

    1.  Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:

    [1.] (a) Deny any tenant the right to sell his manufactured home or recreational vehicle within the park or require the tenant to remove the manufactured home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.

    [2.] (b) Prohibit any tenant desiring to sell his manufactured home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the manufactured home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.


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ê2001 Statutes of Nevada, Page 1944 (Chapter 404, AB 619)ê

 

    [3.] (c) Require that he be an agent of an owner of a manufactured home or recreational vehicle who desires to sell the home or vehicle.

    [4.] (d) Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his manufactured home lot if the prospective subtenant meets the general requirements for tenancy in the park.

    [5.] (e) Require a tenant to make any additions to his manufactured home unless those additions are required by an ordinance of a local government.

    [6.] (f) Purchase a manufactured home within the park if he has denied:

    [(a)] (1) A tenant the right to sell that manufactured home; or

    [(b)] (2) A prospective buyer the right to purchase that manufactured home.

    2.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 13.  NRS 118B.170 is hereby amended to read as follows:

    118B.170  1.  The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s manufactured home or recreational vehicle, if the manufactured home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.

    2.  If a tenant sells his manufactured home or recreational vehicle, the landlord may require that the manufactured home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the manufactured home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.

    3.  If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a manufactured home in the park is sold, the prospective buyer must be approved by the landlord.

    4.  If the landlord requires the approval of a prospective buyer and tenant of a manufactured home or recreational vehicle and the manufactured home or recreational vehicle is sold without the approval of the landlord, the landlord may:

    (a) After providing at least [10] 5 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or

    (b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least [10] 5 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.

    5.  For the purposes of NRS 40.251, a person who:

    (a) Purchases a manufactured home or recreational vehicle from a tenant of a manufactured home park which will remain in the park;

    (b) Was required to be approved by the landlord of the manufactured home park before the sale of the manufactured home or recreational vehicle; and


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ê2001 Statutes of Nevada, Page 1945 (Chapter 404, AB 619)ê

 

    (c) Was not approved by the landlord before he purchased that manufactured home or recreational vehicle,

 

 
shall be deemed a tenant at will and a lessee of the manufactured home park.

    6.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 14.  NRS 118B.173 is hereby amended to read as follows:

    118B.173  1.  Any landlord who lists a manufactured home park or any part of a manufactured home park for sale with a licensed real estate broker shall, not less than 10 days nor more than 30 days before listing the park for sale, mail written notice of that listing to any association of tenants of the park that requested the notice. A landlord is not required to provide notice of a listing for sale that is not initiated by the owner of the park or his authorized agent.

    2.  To receive the notice required by subsection 1, an association of tenants of a manufactured home park shall:

    (a) Submit to the landlord a written request for that notice;

    (b) Furnish the landlord with a written list of the names and addresses of three members of the association; and

    (c) Give written notice to the landlord that the tenants of the park are interested in buying the park and renew that notice at least once each year after the initial notice.

    3.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 15.  NRS 118B.180 is hereby amended to read as follows:

    118B.180  1.  A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

    (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

    (b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;

    (c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;

    (d) The landlord pays:

         (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location within 50 miles from the manufactured home park; or

         (2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; and

    (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice [,] before he is required to move his manufactured home from the lot.


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ê2001 Statutes of Nevada, Page 1946 (Chapter 404, AB 619)ê

 

    2.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

    3.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 16.  NRS 118B.183 is hereby amended to read as follows:

    118B.183  1.  A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

    (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

    (b) The landlord pays:

         (1) The cost of moving the tenant’s manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or

         (2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; and

    (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

    2.  A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the manufactured home park.

    3.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 17.  NRS 40.251 is hereby amended to read as follows:

    40.251  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

    1.  Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

    (a) For tenancies from week to week, at least 7 days;

    (b) For all other periodic tenancies, at least 30 days; or

    (c) For tenancies at will, at least 5 days.

    2.  A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

    (a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or

    (b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.


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ê2001 Statutes of Nevada, Page 1947 (Chapter 404, AB 619)ê

 

    3.  A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord’s consent, after notice has been given pursuant to NRS 118B.170 or 118B.190 or section 3 of this act and the period of the notice has expired.

    4.  A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

    Sec. 18.  Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The division shall adopt regulations for the issuance of limited resale licenses authorizing a landlord or manager to sell a used mobile home. Regulations adopted pursuant to this section must specify the requirements for licensure, including, without limitation, any educational requirements.

    2.  A person who is licensed pursuant to the regulations described in subsection 1 may sell a used mobile home if:

    (a) The mobile home is located in a mobile home park that the landlord or manager owns, leases or manages; and

    (b) The landlord or manager purchased the mobile home at a sale to enforce a lien pursuant to NRS 108.270 to 108.360, inclusive.

    3.  As used in this section:

    (a) “Landlord” has the meaning ascribed to it in NRS 118B.014.

    (b) “Manager” has the meaning ascribed to it in NRS 118B.0145.

    (c) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

    Sec. 19.  1.  This section and sections 1 to 5, inclusive, 17 and 18 of this act become effective on October 1, 2001.

    2.  Sections 6 to 16, inclusive, of this act become effective at 12:01 a.m. on October 1, 2001.

________

 

CHAPTER 405, AB 632

Assembly Bill No. 632–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 405

 

AN ACT relating to water safety; prohibiting the operation of certain vessels unless persons less than 12 years of age are wearing personal flotation devices while the vessel is under way; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

    Whereas, Recreational boating is a vastly increasing source of entertainment in Nevada; and

    Whereas, Most boating-related fatalities are caused by drowning; and

    Whereas, Personal flotation devices approved by the United States Coast Guard are not required by federal law to be worn by persons less than 12 years of age while a vessel is under way; and


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ê2001 Statutes of Nevada, Page 1948 (Chapter 405, AB 632)ê

 

    Whereas, It is estimated that requiring persons less than 12 years of age to wear properly fitted personal flotation devices may decrease by up to 85 percent the rate of fatalities by drowning of such persons; and

    Whereas, All reasonable safety precautions should be taken to preserve a life; and

    Whereas, Requiring persons less than 12 years of age to wear personal flotation devices while a vessel is under way will also reduce the costs of related civil litigation; and

    Whereas, Several states have already enacted similar measures designed to reduce unnecessary deaths and litigation; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his ownership or control on any waters of this state unless each person on the vessel who is less than 12 years of age is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission while the vessel is under way.

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

    (a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or

    (b) Any other vessel who are below the deck or inside a cabin of the vessel.

    Sec. 2.  NRS 488.580 is hereby amended to read as follows:

    488.580  1.  A person shall not operate or authorize another person to operate a personal watercraft under his ownership or control:

    (a) In a reckless or negligent manner so as to endanger the life or property of another person.

    (b) Unless the operator and each passenger is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission.

    (c) Unless the operator is at least 12 years of age.

    2.  There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:

    (a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.

    (b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.

    (c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.

    (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.

    3.  As used in this section, “personal watercraft” means a class A motorboat which:


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ê2001 Statutes of Nevada, Page 1949 (Chapter 405, AB 632)ê

 

    (a) Is less than 13 feet in length;

    (b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;

    (c) Is capable of performing sharp turns or quick maneuvers; and

    (d) Has a motor that exceeds 10 horsepower.

    Sec. 3.  The provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 406, AB 638

Assembly Bill No. 638–Committee on Elections, Procedures, and Ethics

 

CHAPTER 406

 

AN ACT relating to governmental administration; requiring the county or city clerk under certain circumstances to provide the result of a challenge of a voter to the person who initiated the challenge; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising the requirement that a judicial officer and a candidate for judicial office must file certain statements of financial disclosure; 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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  As soon as practicable, but in no case later than 21 calendar days after each election, the county clerk shall mail a notice to each person who is listed on the challenge list as the registered voter who initiated a challenge pursuant to NRS 293.303.

    2.  The notice mailed pursuant to subsection 1 must indicate:

    (a) The name of the person who was challenged, if known; and

    (b) The result of the challenge.

    Sec. 3.  (Deleted by amendment.)

    Sec. 4.  NRS 293.303 is hereby amended to read as follows:

    293.303  1.  A person applying to vote may be challenged:

    (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

    (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

    2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

    (a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the register”;


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ê2001 Statutes of Nevada, Page 1950 (Chapter 406, AB 638)ê

 

    (b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

    (c) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

    (d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

    (e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.

    3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

    4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.

    5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.

    6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.

    7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.

    8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

    (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

    (b) Brings before the election board officers a person who is at least 18 years [old] of age who:

         (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

         (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

    9.  The election board officers shall [record the result of the challenge] :

    (a) Record on the challenge list [, and the election board officer in charge of the checklist shall indicate] :

         (1) The name of the challenged person;

         (2) The name of the registered voter who initiated the challenge; and


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ê2001 Statutes of Nevada, Page 1951 (Chapter 406, AB 638)ê

 

         (3) The result of the challenge;

    (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge; and

    (c) Indicate on the checklist next to the name of the challenged person the result of the challenge.

    Sec. 5.  NRS 293.317 is hereby amended to read as follows:

    293.317  Absent ballots , including special absent ballots described in NRS 293.3155, received by the county or city clerk after the polls are closed on the day of election are invalid.

    Sec. 6.  (Deleted by amendment.)

    Sec. 7.  NRS 293B.330 is hereby amended to read as follows:

    293B.330  1.  Upon closing of the polls, the election board shall:

    (a) Secure all mechanical recording devices against further voting.

    (b) If a mechanical voting system is used whereby votes are cast by punching a card:

         (1) Count the number of ballots in the ballot boxes.

         (2) Account for all ballots on the statement of ballots.

         (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.

    (c) If a mechanical voting system is used whereby votes are directly recorded electronically:

         (1) Ensure that each mechanical recording device:

             (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

             (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

         (2) Count the number of ballots voted at the polling place.

         (3) Account for all ballots on the statement of ballots.

         (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.

    (d) Record the number of voters on a form provided by the county clerk.

    2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the county clerk.

    3.  After closing the polls, the election board shall:

    (a) Compare the quantity of the supplies furnished by the county clerk with the inventory of those supplies; and

    (b) Note any shortages.

    4.  The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

    Sec. 8.  (Deleted by amendment.)

    Sec. 9.  Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

    Sec. 10.  1.  As soon as practicable, but in no case later than 21 calendar days after each election, the city clerk shall mail a notice to each person who is listed on the challenge list as a registered voter who initiated a challenge pursuant to NRS 293C.292.


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ê2001 Statutes of Nevada, Page 1952 (Chapter 406, AB 638)ê

 

person who is listed on the challenge list as a registered voter who initiated a challenge pursuant to NRS 293C.292.

    2.  The notice mailed pursuant to subsection 1 must indicate:

    (a) The name of the person who was challenged, if known; and

    (b) The result of the challenge.

    Sec. 11.  (Deleted by amendment.)

    Sec. 12.  NRS 293C.292 is hereby amended to read as follows:

    293C.292  1.  A person applying to vote may be challenged:

    (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

    (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

    2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

    (a) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

    (b) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

    (c) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.

    3.  If the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

    4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293C.295.

    5.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him a ballot.

    6.  If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification that contains proof of the address at which he actually resides.

    7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

    (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

    (b) Brings before the election board officers a person who is at least 18 years [old] of age who:


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ê2001 Statutes of Nevada, Page 1953 (Chapter 406, AB 638)ê

 

         (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

         (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

    8.  The election board officers shall [record the result of the challenge] :

    (a) Record on the challenge list [, and the election board officer in charge of the checklist shall indicate] :

         (1) The name of the challenged person;

         (2) The name of the registered voter who initiated the challenge; and

         (3) The result of the challenge;

    (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge; and

    (c) Indicate on the checklist next to the name of the challenged person the result of the challenge.

    Sec. 13.  (Deleted by amendment.)

    Sec. 14.  NRS 293C.630 is hereby amended to read as follows:

    293C.630  1.  Upon closing of the polls, the election board shall:

    (a) Secure all mechanical recording devices against further voting.

    (b) If a mechanical voting system is used whereby votes are cast by punching a card:

         (1) Count the number of ballots in the ballot boxes.

         (2) Account for all ballots on the statement of ballots.

         (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

    (c) If a mechanical voting system is used whereby votes are directly recorded electronically:

         (1) Ensure that each mechanical recording device:

             (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

             (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

         (2) Count the number of ballots voted at the polling place.

         (3) Account for all ballots on the statement of ballots.

         (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

    (d) Record the number of voters on a form provided by the city clerk.

    2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the city clerk.

    3.  After closing the polls, the election board shall:

    (a) Compare the quantity of the supplies furnished by the city clerk with the inventory of those supplies; and

    (b) Note any shortages.

    4.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.


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ê2001 Statutes of Nevada, Page 1954 (Chapter 406, AB 638)ê

 

    Sec. 15.  (Deleted by amendment.)

    Sec. 16.  Chapter 298 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his residence in this state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this state, he may vote for President and Vice President in this state.

    2.  If a new resident of the State of Nevada wishes to vote for the President and Vice President of the Untied States pursuant to this section, he must:

    (a) Apply to the county clerk for the appropriate ballot using the form prescribed by the secretary of state; and

    (b) Vote only in the office of the county clerk during regular office hours.

    3.  A county clerk, upon receipt of an application pursuant to this section, shall provide the applicant a ballot and any other materials necessary to vote only for President and Vice President of the United States.

    4.  A vote cast pursuant to this section must not be:

    (a) Combined with the total of a precinct but must be segregated at the precinct and then combined with the totals for the county.

    (b) Included in precinct, district, county or state totals for other electoral purposes.

    5.  The secretary of state may, in a manner consistent with the election laws of this state, adopt regulations to effectuate the purposes of this section.

    Sec. 17.  NRS 298.250 is hereby amended to read as follows:

    298.250  1.  If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, he may vote for President and Vice President only in that election:

    (a) In person in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there; or

    (b) By absent ballot in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there and complies with the applicable requirements of NRS 293.310 to 293.340, inclusive.

    2.  [If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President has commenced his residence in this state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this state, he may vote for President and Vice President in this state.

    3.]  The secretary of state may, in a manner consistent with the election laws of this state, adopt [such regulations as may be necessary] regulations to effectuate the purposes of this section.


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ê2001 Statutes of Nevada, Page 1955 (Chapter 406, AB 638)ê

 

    Sec. 18.  NRS 218.920 is hereby amended to read as follows:

    218.920  The registration statement of a lobbyist must contain the following information:

    1.  The registrant’s full name, permanent address, place of business and temporary address while lobbying.

    2.  The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appears.

    3.  A listing of any direct business associations or partnerships involving any current member of the legislature and the registrant or any person by whom the registrant is retained or employed. The listing must include any such association or partnership constituting a source of income or involving a debt or interest in real estate required to be disclosed in a statement of financial disclosure made by a candidate for public office or a public [or judicial] officer pursuant to NRS 281.571.

    4.  The name of any current member of the legislature for whom:

    (a) The registrant; or

    (b) Any person by whom the registrant is retained or employed,

has, in connection with a political campaign of the legislator, provided consulting, advertising or other professional services since the beginning of the preceding regular legislative session.

    5.  A description of the principal areas of interest on which the registrant expects to lobby.

    6.  If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.

    7.  A declaration under penalty of perjury that none of the registrant’s compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.

    Sec. 19.  NRS 281.4323 is hereby amended to read as follows:

    281.4323  “Candidate” means any person:

    1.  Who files a declaration of candidacy;

    2.  Who files an acceptance of candidacy; or

    3.  Whose name appears on an official ballot at any election . [,

for election to any public office, including the office of justice of the supreme court, district judge, justice of the peace and municipal judge .]

    Sec. 20.  NRS 281.4365 is hereby amended to read as follows:

    281.4365  1.  “Public officer” means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty. As used in this section, “the exercise of a public power, trust or duty” includes:

    (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;

    (b) The expenditure of public money; and

    (c) The enforcement of laws and rules of the state, a county or a city.

    2.  “Public officer” does not include:

    (a) Any justice, judge or other officer of the court system;

    (b) Any member of a board, commission or other body whose function is advisory;


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ê2001 Statutes of Nevada, Page 1956 (Chapter 406, AB 638)ê

 

    (c) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

    (d) A county health officer appointed pursuant to NRS 439.290.

    3.  “Public office” does not include an office held by:

    (a) Any justice, judge or other officer of the court system;

    (b) A commissioner of deeds;

    (c) Any member of a board, commission or other body whose function is advisory;

    (d) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

    (e) A county health officer appointed pursuant to NRS 439.290.

    Sec. 21.  (Deleted by amendment.)

    Sec. 22.  NRS 281.561 is hereby amended to read as follows:

    281.561  1.  Except as otherwise provided in subsection 2 or 3, if a candidate for public [or judicial] office or a public [or judicial] officer is entitled to receive compensation for serving in the office in question, he shall file with the commission, and with the officer with whom declarations of candidacy for the office in question are filed, a statement of financial disclosure, as follows:

    (a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.

    (b) A public [or judicial] officer appointed to fill the unexpired term of an elected public [or judicial] officer shall file a statement of financial disclosure within 30 days after his appointment.

    (c) Every public [or judicial] officer, whether appointed or elected, shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.

    (d) A public [or judicial] officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.

    2.  A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed. The public [or judicial] officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement.

    3.  If a person is serving in a public [or judicial] office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public [or judicial] office in which he is also serving. The person shall notify the commission in writing of his intention to use the statement for the initial office to fulfill the requirements of subsection 1 for every other office.

    4.  A person may satisfy the requirements of subsection 1 by filing with the commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the commission.


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ê2001 Statutes of Nevada, Page 1957 (Chapter 406, AB 638)ê

 

    5.  A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.

    Sec. 23.  NRS 281.571 is hereby amended to read as follows:

    281.571  1.  Statements of financial disclosure, as approved pursuant to NRS 281.541 or in such form as the commission otherwise prescribes, must contain the following information concerning the candidate for public office or public [or judicial] officer:

    (a) His length of residence in the State of Nevada and the district in which he is registered to vote.

    (b) Each source of his income, or that of any member of his household who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.

    (c) A list of the specific location and particular use of real estate, other than a personal residence:

         (1) In which he or a member of his household has a legal or beneficial interest;

         (2) Whose fair market value is $2,500 or more; and

         (3) That is located in this state or an adjacent state.

    (d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:

         (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to paragraph (c); and

         (2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.

    (e) If the candidate for public office or public [or judicial] officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of all such gifts, including the identity of the donor and value of each gift, except:

         (1) A gift received from a person who is related to the candidate for public office or public [or judicial] officer within the third degree of consanguinity or affinity.

         (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative [, judicial] or political action of the candidate for public office or public [or judicial] officer.

    (f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.

    (g) A list of all public offices presently held by him for which this statement of financial disclosure is required.

    2.  The commission shall distribute or cause to be distributed the forms required for such a statement to each candidate for public office and public [or judicial] officer who is required to file one. The commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281.541.


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ê2001 Statutes of Nevada, Page 1958 (Chapter 406, AB 638)ê

 

    3.  As used in this section:

    (a) “Business entity” means an organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association.

    (b) “Household” includes:

         (1) The spouse of a candidate for public office or public [or judicial] officer;

         (2) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate for public office or public [or judicial] officer; and

         (3) A person who lived in the home or dwelling of the candidate for public office or public [or judicial] officer for 6 months or more in the year immediately preceding the year in which the candidate for public office or public [or judicial] officer files the statement of financial disclosure.

    Sec. 24.  NRS 281.575 is hereby amended to read as follows:

    281.575  The secretary of state and each county or city clerk who receives from a candidate for public office a declaration of candidacy, acceptance of candidacy or certificate of candidacy shall give to the candidate the form prescribed by the commission for the making of a statement of financial disclosure, accompanied by instructions on how to complete the form, where it must be filed and the time by which it must be filed.

    Sec. 25.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate for public office or public [or judicial] officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. The amount of the civil penalty is:

    (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.

    (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.

    4.  If the commission waives a civil penalty pursuant to subsection 2, the commission shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 26.  The amendatory provisions of section 21 of this act do not apply to proceedings for judicial review initiated before October 1, 2001.

    Sec. 27.  Section 20 of this act becomes effective at 12:01 a.m. on October 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 1959ê

 

CHAPTER 407, AB 650

Assembly Bill No. 650–Committee on Government Affairs

 

CHAPTER 407

 

AN ACT relating to classifications based on population; changing the population basis for the exercise of certain powers by local governments; 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 244.3673 is hereby amended to read as follows:

    244.3673  The board of county commissioners of any county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality may provide by ordinance for the investigation of fires in which a death has occurred or which are of a suspicious origin, and for the enforcement of regulations adopted by the state fire marshal.

    Sec. 2.  (Deleted by amendment.)

    Sec. 3.  NRS 254.010 is hereby amended to read as follows:

    254.010  The board of county commissioners of any county in this state whose population is [6,000] 5,000 or more may appoint a county engineer and fix his compensation.

    Sec. 4.  NRS 62.180 is hereby amended to read as follows:

    62.180  1.  Provision must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency, or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

    2.  Except as otherwise provided in this subsection and subject to the provisions of this chapter, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children. In a county whose population is [35,000] 50,000 or more, the board of county commissioners shall provide the detention facilities. Two or more counties, without regard to their respective populations, may provide a combined detention home under suitable terms agreed upon between the respective boards of county commissioners and the judges of the juvenile court regularly sitting in the judicial districts covering the counties.

    3.  Any detention home built and maintained under this chapter must be constructed and conducted as nearly like a home as possible, and must not be deemed to be or treated as a penal institution.

    4.  Except as otherwise provided in this subsection, a detention home built and maintained under this chapter must not adjoin, be located on the same grounds as, or share common facilities or common grounds with a prison, an adult jail or an adult lockup. If a detention home built and maintained under this chapter complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the detention home may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.


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ê2001 Statutes of Nevada, Page 1960 (Chapter 407, AB 650)ê

 

    5.  In addition to detention homes, a county may provide and maintain at public expense programs which provide alternatives to placing a child in a detention home.

    Sec. 5.  NRS 217.450 is hereby amended to read as follows:

    217.450  1.  The commission on mental health and developmental services shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.

    2.  The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.

    3.  The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

    4.  In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:

    (a) A basic allocation of $7,000 must be made for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

    (b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is [14,000] 20,000 or more.

    (c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.

    Sec. 6.  NRS 231.040 is hereby amended to read as follows:

    231.040  1.  The commission on economic development is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.

    2.  The governor shall appoint as members of the commission persons who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.

    3.  The governor shall appoint at least one member who is a resident of:

    (a) Clark County.

    (b) Washoe County.

    (c) A county whose population is [35,000] 50,000 or less.

    Sec. 7.  NRS 231.067 is hereby amended to read as follows:

    231.067  The commission on economic development shall:

    1.  Develop a state plan for industrial development and diversification.

    2.  Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism, except that in a county whose population is less than [35,000,] 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.


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ê2001 Statutes of Nevada, Page 1961 (Chapter 407, AB 650)ê

 

    3.  Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.

    4.  Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [35,000,] 50,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

    5.  Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.

    6.  Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism, except that in a county whose population is less than [35,000,] 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

    7.  Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.

    8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

    9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

    Sec. 8.  NRS 231.170 is hereby amended to read as follows:

    231.170  1.  The commission on tourism is composed of the lieutenant governor, who is its chairman, and eight members who are appointed by the governor.

    2.  The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.

    3.  The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chairman of the board of county commissioners, of the three counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism created by NRS 231.250 for the previous fiscal year are ex officio but nonvoting members of the commission. A change in any member of the commission who serves pursuant to the provisions of this subsection that is required because of a change in the amount of the proceeds paid to the department of taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the department of taxation.

    4.  In addition to the appointments made pursuant to subsection 3, the governor shall appoint:


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ê2001 Statutes of Nevada, Page 1962 (Chapter 407, AB 650)ê

 

    (a) At least one member who is a resident of Clark County.

    (b) At least one member who is a resident of Washoe County.

    (c) At least two members who are residents of counties whose population is [50,000] 100,000 or less.

    (d) One member who is a resident of any county in this state.

    Sec. 9.  NRS 231.260 is hereby amended to read as follows:

    231.260  The commission on tourism, through its division of tourism, shall:

    1.  Promote this state so as to increase the number of domestic and international tourists.

    2.  Promote special events which are designed to increase tourism.

    3.  Develop a state plan to promote travel and tourism in Nevada.

    4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this state or lengthen their stay.

    5.  Provide and administer grants of money or matching grants to political subdivisions of the state, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:

    (a) Developing local programs for marketing and advertising which are consistent with the state plan.

    (b) Promoting specific events and attractions in their communities.

    (c) Evaluating the effectiveness of the local programs and events.

Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [35,000,] 50,000, the commission may, if convinced that the recipient is financially unable to do so, provide a grant with less than equal matching money provided by the recipient.

    6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the state. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the commission.

    7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

    8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

    9.  Prepare and publish, with the assistance of the division of publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

    Sec. 10.  NRS 268.048 is hereby amended to read as follows:

    268.048  1.  The governing body of a city located in a county whose population is less than [11,000,] 15,000, upon making a finding pursuant to a public hearing that a city industrial park is necessary to meet the needs of the city, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:

    (a) Acquisition, sale or lease of real property by the city for industrial development; and

    (b) Design, engineering and construction of industrial developments.

    2.  The governing body shall:


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    (a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is no such newspaper then in a newspaper of general circulation in the city published in the state; and

    (b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

    3.  The governing body may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years but afterward the governing body may extend it year by year. Any attempted assignment of the option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the governing body with the county recorder.

    4.  After review by the planning commission, a member of the governing body or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the governing body.

    5.  The governing body shall, after a public hearing, approve or reject the proposed plan.

    Sec. 11.  NRS 268.802 is hereby amended to read as follows:

    268.802  1.  The governing body of an incorporated city whose population is [200,000] 300,000 or more may by ordinance create a district.

    2.  Not more than one district may be created in each such city.

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

    Sec. 12.  NRS 268.811 is hereby amended to read as follows:

    268.811  As used in NRS 268.810 to 268.823, inclusive, unless the context otherwise requires:

    1.  “Governing body” means the governing body of a city whose population is [200,000] 300,000 or more.

    2.  “Operating entity” means a public operating entity of a pedestrian mall or a private operating entity with whom a governing body has contracted for the acquisition, construction, improvement, operation, management or maintenance of a pedestrian mall, or any combination thereof.

    3.  “Pedestrian mall” means an area including portions of one or more streets or alleys that has been set aside for use primarily by pedestrians and to which access by motor vehicles is prohibited or restricted. The term includes all improvements and appurtenances thereto that are designed to be used primarily for the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians.

    4.  “Redevelopment agency” means a governmental entity created pursuant to NRS 279.382 to 279.685, inclusive, or a legislative body which has elected to exercise the powers granted to an agency under NRS 279.382 to 279.685, inclusive.

    Sec. 13.  NRS 268.812 is hereby amended to read as follows:

    268.812  1.  The governing body of an incorporated city whose population is [200,000] 300,000 or more may by ordinance create a pedestrian mall.

    2.  Before adopting an ordinance creating a pedestrian mall, the governing body must find that it would be in the best interests of the city and beneficial to the owners of adjacent property to use the street or streets or other thoroughfare or thoroughfares primarily for pedestrians.


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    3.  The ordinance must establish the boundaries of the pedestrian mall and the governing body may change the boundaries by ordinance. The area included within a pedestrian mall may be contiguous or noncontiguous.

    4.  In addition to other requirements for the consideration and adoption of an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating a pedestrian mall, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the pedestrian mall. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to any pedestrian mall may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.

    5.  Unless otherwise provided by the governing body in the ordinance, all property of the city that is used in conjunction with or as a part of the pedestrian mall remains property of the city and must not be considered vacated for any purpose.

    Sec. 14.  NRS 278.02095 is hereby amended to read as follows:

    278.02095  1.  Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include a manufactured home.

    2.  Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

    (a) The manufactured home:

         (1) Be permanently affixed to a residential lot;

         (2) Be manufactured within the 5 years immediately preceding the date on which it is affixed to the residential lot;

         (3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

         (4) Consist of more than one section; and

         (5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

    (b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

The governing body of a local government in a county whose population is less than [25,000] 40,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

    3.  Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.


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    4.  Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the manufactured housing division of the department of business and industry. The division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

    5.  The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

    6.  As used in this section:

    (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

    (b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.

    Sec. 15.  NRS 278.0262 is hereby amended to read as follows:

    278.0262  1.  There is hereby created in each county whose population is 100,000 or more but less than 400,000, a regional planning commission consisting of:

    (a) Three members from the local planning commission of each city in the county whose population is [40,000] 60,000 or more, appointed by the respective governing bodies of those cities;

    (b) One member from the local planning commission of each city in the county whose population is less than [40,000,] 60,000, appointed by the respective governing bodies of those cities; and

    (c) Three members from the local planning commission of the county, appointed by the governing body of the county, at least two of whom must reside in unincorporated areas of the county.

    2.  Except for the terms of the initial members of the commission, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A member who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.

    3.  The commission shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is [40,000] 60,000 or more, as determined pursuant to a schedule adopted by the commission and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.

    4.  A member of the commission must be compensated at the rate of $80 per meeting or $400 per month, whichever is less.

    5.  Each member of the commission must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the date on which his term of appointment commences. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment 1 year after the date on which his term of appointment commenced.


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appointment 1 year after the date on which his term of appointment commenced.

    Sec. 16.  NRS 278.0264 is hereby amended to read as follows:

    278.0264  1.  There is hereby created in each county whose population is 100,000 or more but less than 400,000, a governing board for regional planning consisting of:

    (a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If the representative is:

         (1) A county commissioner, his district must be one of the two districts in the county with the highest percentage of unincorporated area.

         (2) Not a county commissioner, he must reside within an unincorporated area of the county.

    (b) Four representatives appointed by the governing body of the largest incorporated city in the county.

    (c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is [40,000] 60,000 or more.

    (d) One representative appointed by the governing body of each incorporated city in the county whose population is less than [40,000.] 60,000.

    2.  Except for the terms of the initial members of the governing board, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.

    3.  The governing bodies may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board. The governing body may also appoint alternative representatives who may act in the respective absences of the principal appointees.

    4.  The governing board shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is more than [40,000,] 60,000, as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.

    5.  A member of the governing board who is also a member of the governing body which appointed him shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.

    6.  The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.

    7.  The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.


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government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.

    8.  The governing board may sue or be sued in any court of competent jurisdiction.

    9.  The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.

    Sec. 17.  NRS 278.030 is hereby amended to read as follows:

    278.030  1.  The governing body of each city [and of each county] whose population is 25,000 or more and of each county whose population is 40,000 or more shall create by ordinance a planning commission to consist of seven members.

    2.  Cities [and counties] whose population is less than 25,000 and counties whose population is less than 40,000 may create by ordinance a planning commission to consist of seven members. If the governing body of any city [or of any county] whose population is less than 25,000 or of any county whose population is less than 40,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.

    Sec. 18.  NRS 278.330 is hereby amended to read as follows:

    278.330  1.  The initial action in connection with the making of any subdivision is the preparation of a tentative map.

    2.  The subdivider shall file copies of such map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.

    3.  The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.

    4.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.

    5.  Except as otherwise provided by subsection 6, if there is a planning commission, it shall:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

    6.  If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or


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ê2001 Statutes of Nevada, Page 1968 (Chapter 407, AB 650)ê

 

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.

    Sec. 19.  NRS 278.349 is hereby amended to read as follows:

    278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action shall, by an affirmative vote of a majority of all the members, approve, conditionally approve, or disapprove a tentative map filed pursuant to NRS 278.330:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after receipt of the planning commission’s recommendations.

    2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after the map is filed with the clerk of the governing body.

    3.  The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

    (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

    (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

    (c) The availability and accessibility of utilities;

    (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

    (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

    (f) General conformity with the governing body’s master plan of streets and highways;

    (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

    (h) Physical characteristics of the land such as flood plain, slope and soil;

    (i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

    (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.


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    4.  The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.

    Sec. 20.  NRS 278.464 is hereby amended to read as follows:

    278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

    2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

    3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

    4.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or


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ê2001 Statutes of Nevada, Page 1970 (Chapter 407, AB 650)ê

 

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after the date of the request for the waiver, or, in the absence of action, the waiver shall be deemed approved.

    5.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

    6.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after the date the appeal is filed.

    7.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.

    Sec. 21.  NRS 278.4725 is hereby amended to read as follows:

    278.4725  1.  Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

    2.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:


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ê2001 Statutes of Nevada, Page 1971 (Chapter 407, AB 650)ê

 

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

    3.  An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

    (a) In a county whose population is [40,000] 50,000 or more, within 45 days; or

    (b) In a county whose population is less than [40,000,] 50,000, within 60 days,

after the date on which the appeal is filed.

    4.  If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.

    5.  If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:

    (a) Each lot contains an access road that is suitable for use by emergency vehicles; and

    (b) The corners of each lot are set by a professional land surveyor.

    6.  If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.

    7.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

    (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

    (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

    8.  The map filed with the county recorder must include:

    (a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.

    (b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.


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applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.

    (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

    9.  A governing body may by local ordinance require a final map to include:

    (a) A report from a title company which lists the names of:

         (1) Each owner of record of the land to be divided; and

         (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

    (b) The signature of each owner of record of the land to be divided.

    (c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

         (1) The final map; or

         (2) A separate document that is filed with the final map and declares his consent to the division of land.

    10.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

    11.  The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.

    12.  A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

    (a) A duplicate copy of the final map and any supporting documents; or

    (b) Access to the digital final map and any digital supporting documents.

    Sec. 22.  NRS 279.685 is hereby amended to read as follows:

    279.685  1.  Except as otherwise provided in this section, an agency of a city whose population is [200,000] 300,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, to increase, improve and preserve the number of dwelling units in the community for low-income households.

    2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

    3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency.


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obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

    4.  The agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

    Sec. 23.  NRS 283.040 is hereby amended to read as follows:

    283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

    (a) The death or resignation of the incumbent.

    (b) The removal of the incumbent from office.

    (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

    (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

    (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.

    (f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.

    (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than [10,000,] 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

         (1) The medical condition of the incumbent;

         (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

         (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

    (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

    2.  Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.


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ê2001 Statutes of Nevada, Page 1974 (Chapter 407, AB 650)ê

 

district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.

    Sec. 24.  NRS 289.380 is hereby amended to read as follows:

    289.380  1.  Except as otherwise provided in NRS 289.383, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.

    2.  A review board created pursuant to subsection 1 must consist of:

    (a) In a city whose population is 150,000 or more or a county whose population is 100,000 or more, 25 members; and

    (b) In a city whose population is less than 150,000 or a county whose population is less than 100,000, 12 members.

    3.  Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons [are] is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.

    4.  A person appointed to the review board must:

    (a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.

    (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.

    Sec. 25.  NRS 293.464 is hereby amended to read as follows:

    293.464  1.  If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after he receives notice of the court’s decision:

    (a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and

    (b) Transmit a notice of the extended deadline to each registered voter who requested an absent voter’s ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.

    2.  The notice required pursuant to paragraph (a) of subsection 1 must be published:

    (a) In a county whose population is [30,000] 45,000 or more, on at least 3 successive days.

    (b) In a county whose population is less than [30,000,] 45,000, at least twice in successive issues of the newspaper.

    Sec. 26.  NRS 295.121 is hereby amended to read as follows:

    295.121  1.  In a county whose population is [50,000] 100,000 or more, for each initiative, referendum or other question to be placed on the ballot by the board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.


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ê2001 Statutes of Nevada, Page 1975 (Chapter 407, AB 650)ê

 

who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

    2.  If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.

    3.  With respect to a committee appointed pursuant to this section:

    (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

    (b) Members of the committee serve without compensation.

    (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

    4.  Before the board appoints a committee pursuant to [subsection 1,] this section, the county clerk shall:

    (a) Recommend to the board persons to be appointed to the committee; and

    (b) Consider recommending pursuant to paragraph (a):

         (1) Any person who has expressed an interest in serving on the committee; and

         (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

    5.  If the board of a county whose population is [50,000] 100,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.

    6.  A committee appointed pursuant to this section:

    (a) Shall elect a chairman for the committee;

    (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

    (c) May seek and consider comments from the general public;

    (d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;

    (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and

    (f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 7.

    7.  The county clerk of a county whose population is [50,000] 100,000 or more shall provide, by rule or regulation:

    (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

    (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.

    8.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:


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ê2001 Statutes of Nevada, Page 1976 (Chapter 407, AB 650)ê

 

    (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

    (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.

    9.  The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

    10.  In a county whose population is less than [50,000:] 100,000:

    (a) The board may appoint committees pursuant to this section.

    (b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.

    Sec. 27.  NRS 295.217 is hereby amended to read as follows:

    295.217  1.  In a city whose population is [50,000] 60,000 or more, for each initiative, referendum or other question to be placed on the ballot by the council, including, without limitation, pursuant to NRS 293.482 or 295.215, the council shall, in consultation with the city clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

    2.  If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.

    3.  With respect to a committee appointed pursuant to this section:

    (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

    (b) Members of the committee serve without compensation.

    (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

    4.  Before the council appoints a committee pursuant to this section, the city clerk shall:

    (a) Recommend to the council persons to be appointed to the committee; and


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ê2001 Statutes of Nevada, Page 1977 (Chapter 407, AB 650)ê

 

    (b) Consider recommending pursuant to paragraph (a):

         (1) Any person who has expressed an interest in serving on the committee; and

         (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

    5.  If the council of a city whose population is [50,000] 60,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall appoint the committee.

    6.  A committee appointed pursuant to this section:

    (a) Shall elect a chairman for the committee;

    (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

    (c) May seek and consider comments from the general public;

    (d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;

    (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and

    (f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 7.

    7.  The city clerk of a city whose population is [50,000] 60,000 or more shall provide, by rule or regulation:

    (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

    (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

    8.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:

    (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

    (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.

    9.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

    10.  In a city whose population is less than [50,000:] 60,000:

    (a) The council may appoint committees pursuant to this section.


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ê2001 Statutes of Nevada, Page 1978 (Chapter 407, AB 650)ê

 

    (b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 7.

    Sec. 28.  NRS 350.002 is hereby amended to read as follows:

    350.002  1.  There is hereby created in each county whose population is 400,000 or more, a debt management commission, to be composed of:

    (a) Three representatives of the board of county commissioners from its membership;

    (b) One representative of each governing body of the five largest incorporated cities in the county from its membership;

    (c) One representative of the board of trustees of the county school district from its membership; and

    (d) Two representatives of the public at large.

    2.  There is hereby created in each county whose population is less than 400,000, a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:

    (a) In each such county which contains more than one incorporated city:

         (1) One representative of the city in which the county seat is located;

         (2) One representative of the other incorporated cities jointly; and

         (3) One representative of the public at large.

    (b) In each such county which contains one incorporated city:

         (1) One representative of the incorporated city; and

         (2) Two representatives of the public at large.

    (c) In each such county which contains no incorporated city, one representative of the public at large.

    (d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.

    3.  In Carson City, there is hereby created a debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large and, for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.

    4.  Except as otherwise provided in subsection 1, each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.

    5.  A person appointed as a member of the commission in a county whose population is [50,000] 100,000 or more who is not an elected officer or a person appointed to an elective office for an unexpired term must have at least 5 years of experience in the field of public administration, public accounting or banking.


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ê2001 Statutes of Nevada, Page 1979 (Chapter 407, AB 650)ê

 

    6.  A person appointed as a member of the commission shall not have a substantial financial interest in the ownership or negotiation of securities issued by this state or any of its political subdivisions.

    7.  Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1. The representatives of incorporated cities must be chosen after elections are held in the cities, but before the annual meeting of the commission in July. The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.

    8.  Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.

    Sec. 29.  NRS 350.0033 is hereby amended to read as follows:

    350.0033  1.  The commission in a county whose population is less than [30,000] 45,000 may request technical assistance from the department of taxation to carry out the duties of the commission. Upon such a request, the department of taxation shall provide to that commission such technical assistance to the extent that resources are available.

    2.  The board of county commissioners of a county whose population is [30,000] 45,000 or more shall provide the commission in that county with such staff as is necessary to carry out the duties of the commission. The staff provided to the commission pursuant to this subsection shall provide such technical assistance to the commission as the commission requires, except the staff shall not render an opinion on the merits of any proposal or other matter before the commission.

    Sec. 30.  NRS 355.178 is hereby amended to read as follows:

    355.178  1.  The governing body of a city whose population is 150,000 or more or a county whose population is 100,000 or more may lend securities from its investment portfolio if:

    (a) The investment portfolio has a value of at least $100,000,000;

    (b) The treasurer of the city or county:

         (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

         (2) Submits the policy established pursuant to subparagraph (1) to the city or county manager and prepares and submits to the city or county manager a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

    (c) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

         (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

         (2) At least 102 percent of the value of the securities borrowed.

    2.  The governing body of a city or consolidated municipality whose population is [50,000] 60,000 or more but less than [100,000] 150,000 may lend securities from its investment portfolio if:

    (a) The investment portfolio has a value of at least $50,000,000;

    (b) The governing body is currently authorized to lend securities pursuant to subsection 5;


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ê2001 Statutes of Nevada, Page 1980 (Chapter 407, AB 650)ê

 

    (c) The treasurer of the city or consolidated municipality:

         (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

         (2) Submits the policy established pursuant to subparagraph (1) to the manager of the city or consolidated municipality and prepares and submits to the manager of the city or consolidated municipality a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

    (d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

         (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

         (2) At least 102 percent of the value of the securities borrowed.

    3.  The governing body of a city, county or consolidated municipality may enter into such contracts as are necessary to extend and manage loans pursuant to this section.

    4.  Any investments made with collateral received pursuant to subsection 1 or 2 must mature not later than 90 days after the date on which the securities are lent.

    5.  The governing body of a city or consolidated municipality whose population is [50,000] 60,000 or more but less than [100,000] 150,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the state board of finance. The state board of finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the state board of finance for additional 2-year periods.

    Sec. 31.  NRS 360.750 is hereby amended to read as follows:

    360.750  1.  A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 364A or 374 of NRS.

    2.  The commission on economic development shall approve an application for a partial abatement if the commission makes the following determinations:

    (a) The business is consistent with:

         (1) The state plan for industrial development and diversification that is developed by the commission pursuant to NRS 231.067; and

         (2) Any guidelines adopted pursuant to the state plan.

    (b) The applicant has executed an agreement with the commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.

    (c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.


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ê2001 Statutes of Nevada, Page 1981 (Chapter 407, AB 650)ê

 

    (d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is [50,000] 60,000 or more, the business meets at least two of the following requirements:

         (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

         (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.

         (3) 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 and:

             (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

             (II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

    (e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than [50,000,] 60,000, the business meets at least two of the following requirements:

         (1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

         (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.

         (3) 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 and:

             (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

             (II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

    (f) If the business is an existing business, the business meets at least two of the following requirements:

         (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

         (2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

             (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

             (II) Department, if the business is centrally assessed.

         (3) The average hourly wage that will be paid by the existing business to its new 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 and:


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ê2001 Statutes of Nevada, Page 1982 (Chapter 407, AB 650)ê

 

the department of employment, training and rehabilitation on July 1 of each fiscal year and:

             (I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

             (II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

    3.  Notwithstanding the provisions of subsection 2, the commission on economic development may:

    (a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;

    (b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or

    (c) Add additional requirements that a business must meet to qualify for a partial abatement,

if the commission determines that such action is necessary.

    4.  If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.

    5.  If the commission on economic development approves an application for a partial abatement, the commission shall immediately forward a certificate of eligibility for the abatement to:

    (a) The department;

    (b) The Nevada tax commission; and

    (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

    6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the executive director of the commission on economic development, furnish the executive director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

    7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

    (a) To meet the requirements set forth in subsection 2; or

    (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

the business shall repay to the department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.


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ê2001 Statutes of Nevada, Page 1983 (Chapter 407, AB 650)ê

 

period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

    8.  A county treasurer:

    (a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and

    (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.

    9.  The commission on economic development:

    (a) Shall adopt regulations relating to:

         (1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and

         (2) The notice that must be provided pursuant to subsection 4.

    (b) May adopt such other regulations as the commission on economic development determines to be necessary to carry out the provisions of this section.

    10.  The Nevada tax commission:

    (a) Shall adopt regulations regarding:

         (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

         (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

    (b) May adopt such other regulations as the Nevada tax commission determines to be necessary to carry out the provisions of this section.

    11.  An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.

    Sec. 32.  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 whose population is 100,000 or more or a city whose population is [50,000] 60,000 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 whose population is less than 100,000 or a city whose population is less than [50,000:] 60,000:


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ê2001 Statutes of Nevada, Page 1984 (Chapter 407, AB 650)ê

 

         (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 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 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. 33.  NRS 361.340 is hereby amended to read as follows:

    361.340  1.  Except as otherwise provided in subsection 2, the board of equalization of each county consists of:

    (a) Five members, only two of whom may be elected public officers, in counties having a population of [10,000] 15,000 or more; and

    (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than [10,000.] 15,000.

    2.  The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. The board of county commissioners may also appoint alternate members to either panel.

    3.  A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.

    4.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

    5.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.


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ê2001 Statutes of Nevada, Page 1985 (Chapter 407, AB 650)ê

 

    6.  The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.

    7.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.

    8.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.

    9.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

    10.  The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February 28 of each year except as to matters remanded by the state board of equalization. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

    11.  The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.

    Sec. 34.  NRS 361.453 is hereby amended to read as follows:

    361.453  1.  Except as otherwise provided in this section and NRS 354.705, 354.723 and 450.760, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

    2.  Any levy imposed by the legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is [25,000] 40,000 or less, or in a city or unincorporated town located within that county:

    (a) The combined tax rate certified by the Nevada tax commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;


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ê2001 Statutes of Nevada, Page 1986 (Chapter 407, AB 650)ê

 

    (b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;

    (c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and

    (d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.

    3.  The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

    4.  A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.

    Sec. 35.  NRS 371.107 is hereby amended to read as follows:

    371.107  The county assessor of each county whose population is [35,000] 50,000 or more is designated as an agent to assist the department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.

    Sec. 36.  NRS 371.125 is hereby amended to read as follows:

    371.125  The county assessor of each county whose population is less than [35,000] 50,000 is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the department in administering the exemptions provided in this chapter.

    Sec. 37.  NRS 373.028 is hereby amended to read as follows:

    373.028  “Project” means:

    1.  In a county whose population is [35,000] 50,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.


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ê2001 Statutes of Nevada, Page 1987 (Chapter 407, AB 650)ê

 

without limitation, the acquisition and improvement of all types of property therefor.

    2.  In a county whose population is less than [35,000,] 50,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.

    Sec. 38.  NRS 379.050 is hereby amended to read as follows:

    379.050  1.  Whenever a new county library is provided for in any county whose population is [25,000] 40,000 or more, the trustees of any district library in the county previously established may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the trustees of the new library.

    2.  Whenever there are two or more county library districts in any county whose population is [25,000] 40,000 or more, the districts may merge into one county library district upon approval of the library trustees of the merging districts.

    3.  Whenever there is a city or a town library located adjacent to a county library district, the city or town library may:

    (a) Merge with the county library district upon approval of the trustees of the merging library and district; or

    (b) Subject to the limitations in NRS 379.0221, consolidate with the county library district.

    4.  All expenses incurred in making a transfer or merger must be paid out of the general fund of the new library.

    Sec. 39.  NRS 380.010 is hereby amended to read as follows:

    380.010  1.  The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.

    2.  The board of county commissioners of any county whose population is less than [35,000] 50,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. The board of county commissioners of any county whose population is less than [35,000] 50,000 may exercise or delegate the exercise of any power granted to a board of law library trustees under this chapter.

    3.  Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

    Sec. 40.  NRS 387.331 is hereby amended to read as follows:

    387.331  1.  The tax on residential construction authorized by this section is a specified amount which must be the same for each:

    (a) Lot for a mobile home;

    (b) Residential dwelling unit; and


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ê2001 Statutes of Nevada, Page 1988 (Chapter 407, AB 650)ê

 

    (c) Suite in an apartment house,

imposed on the privilege of constructing apartment houses and residential dwelling units and developing lots for mobile homes.

    2.  The board of trustees of any school district whose population is less than [40,000] 50,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.

    3.  If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada tax commission. If the commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,600.

    4.  The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.

    5.  The money collected must be deposited with the county treasurer in the school district’s fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

    Sec. 41.  NRS 396.892 is hereby amended to read as follows:

    396.892  1.  Each student who receives a loan made pursuant to NRS 396.890 to 396.898, inclusive, shall repay the loan and accrued interest pursuant to the terms of the loan unless:

    (a) He practices nursing in a rural area of Nevada or as an employee of the state for 6 months for each academic year for which he received a loan; or

    (b) He practices nursing in any other area of Nevada for 1 year for each academic year for which he received a loan.

    2.  The board of regents may adopt regulations:

    (a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship; and

    (b) Granting prorated credit towards repayment of a loan for time a person practices nursing as required, for cases in which the period for required practice is only partially completed,

and such other regulations as are necessary to carry out the provisions of NRS 396.890 to 396.898, inclusive.

    3.  As used in this section, “practices nursing in a rural area” means that the person practices nursing in an area located in a county whose population is less than [30,000] 45,000 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.

    Sec. 42.  NRS 439B.420 is hereby amended to read as follows:

    439B.420  1.  A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.

    2.  The rent required of a physician or entity which employs physicians by a hospital or related entity must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.


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ê2001 Statutes of Nevada, Page 1989 (Chapter 407, AB 650)ê

 

    3.  A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.

    4.  A health facility shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.

    5.  The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than [35,000.] 50,000.

    6.  A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, shall not add any charges to the practitioner’s bill for services other than a charge related to the cost of processing the billing.

    7.  A hospital or related entity shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self- insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.

    8.  A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.

    9.  Except as otherwise provided in this subsection, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the referring party first discloses the interest to the patient. This subsection does not apply to practitioners subject to the provisions of NRS 439B.425.

    10.  The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.

    11.  A person who willfully violates any provision of this section is liable to the State of Nevada for:

    (a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.

    (b) Any reasonable expenses incurred by the state in enforcing this section.

Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.

    12.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.


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ê2001 Statutes of Nevada, Page 1990 (Chapter 407, AB 650)ê

 

    Sec. 43.  NRS 444A.040 is hereby amended to read as follows:

    444A.040  1.  The board of county commissioners in a county whose population is [more than 100,000,] 100,000 or more, or its designee, shall make available for use in that county a program for:

    (a) The separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.

    (b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.

    (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

    2.  The board of county commissioners of a county whose population is [more than 25,000 but not more than 100,000,] 40,000 or more but less than 100,000, or its designee:

    (a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.

    (b) Shall make available for use in that county a program for:

         (1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program established pursuant to paragraph (a).

         (2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

    3.  The board of county commissioners of a county whose population is [not more than 25,000,] less than 40,000, or its designee, may make available for use in that county a program for:

    (a) The separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.

    (b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.

    (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

    4.  Any program made available pursuant to this section:

    (a) Must not:

         (1) Conflict with the standards adopted by the state environmental commission pursuant to NRS 444A.020; and

         (2) Become effective until approved by the department.

    (b) May be based on the model plans adopted pursuant to NRS 444A.030.

    5.  The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.


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ê2001 Statutes of Nevada, Page 1991 (Chapter 407, AB 650)ê

 

    6.  Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.

    7.  Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.

    Sec. 44.  NRS 445A.500 is hereby amended to read as follows:

    445A.500  1.  Each permit issued by the department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:

    (a) Effluent limitations;

    (b) Standards of performance for new sources;

    (c) Standards for pretreatment;

    (d) Standards for injections of fluids through a well; and

    (e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445A.580 or in furthering the purposes and goals of NRS 445A.300 to 445A.730, inclusive.

    2.  Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.

    3.  If an application is made to discharge from a point source into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of [35,000] 50,000 or more, the department must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

    Sec. 45.  NRS 445A.590 is hereby amended to read as follows:

    445A.590  1.  The department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon. The provisions of this subsection do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.

    2.  Notification must be in the manner provided in the regulations adopted by the commission pursuant to applicable federal law.

    3.  If the treatment works are to discharge into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of [35,000] 50,000 or more, the department must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.


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ê2001 Statutes of Nevada, Page 1992 (Chapter 407, AB 650)ê

 

    Sec. 46.  NRS 449.0177 is hereby amended to read as follows:

    449.0177  “Rural hospital” means a hospital with 85 or fewer beds which is:

    1.  The sole institutional provider of health care located within a county whose population is less than 100,000;

    2.  The sole institutional provider of health care located within a city whose population is less than [20,000;] 25,000; or

    3.  Maintained and governed pursuant to NRS 450.550 to 450.750, inclusive.

    Sec. 47.  NRS 459.558 is hereby amended to read as follows:

    459.558  1.  The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:

    (a) In a county whose population is less than [40,000;] 50,000;

    (b) To mining or agricultural activities; or

    (c) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.

    2.  All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to all counties and all industries without regard to volume.

    Sec. 48.  NRS 477.030 is hereby amended to read as follows:

    477.030  1.  Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

    (a) The prevention of fire.

    (b) The storage and use of:

         (1) Combustibles, flammables and fireworks; and

         (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

under those circumstances that are not otherwise regulated by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.

    (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

    (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.


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ê2001 Statutes of Nevada, Page 1993 (Chapter 407, AB 650)ê

 

    2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.

    3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

    4.  The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

    5.  The state fire marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

    6.  Except as otherwise provided in subsection 10, the state fire marshal shall:

    (a) Investigate any fire which occurs in a county other than one whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

    (b) Investigate any fire which occurs in a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

    (c) Cooperate with the commissioner of insurance, the attorney general and the fraud control unit established pursuant to section 27 of Assembly Bill No. 135 of this [act] session in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

    (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

    (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

    7.  The state fire marshal shall put the National Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.

    8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

    9.  The state fire marshal shall:

    (a) Assist in checking plans and specifications for construction;

    (b) Provide specialized training to local fire departments; and

    (c) Assist local governments in drafting regulations and ordinances,

on request or as he deems necessary.

    10.  In a county other than one whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.


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ê2001 Statutes of Nevada, Page 1994 (Chapter 407, AB 650)ê

 

accordance with such an agreement, the state fire marshal shall revoke the agreement.

    Sec. 49.  NRS 477.100 is hereby amended to read as follows:

    477.100  As used in NRS 477.110 to 477.170, inclusive, unless the context otherwise requires, “authority” means:

    1.  The state fire marshal in a county other than one whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality;

    2.  Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, and if they are unable to agree on any question, “authority” includes the county manager or city manager, who shall cast the deciding vote on that question; or

    3.  If the board of county commissioners of a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, or the governing body of a city in that county, has specified a person or persons to act as the authority, that person or those persons.

    Sec. 50.  NRS 482.225 is hereby amended to read as follows:

    482.225  1.  When application is made to the department for registration of a vehicle purchased in this state from a person other than a retailer required to be registered with the department of taxation or of a vehicle purchased outside this state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department or its agent shall determine and collect any sales or use tax due and shall remit the tax to the department of taxation except as otherwise provided in NRS 482.260.

    2.  If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect the tax and remit it to the department of taxation.

    3.  Until all applicable taxes and fees are collected, the department shall refuse to register the vehicle.

    4.  In any county whose population is less than [35,000,] 50,000, the department shall designate the county assessor as the agent of the department for the collection of any sales or use tax.

    5.  If the registrant or owner desires to refute the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the department and then may submit his claim for exemption in writing, signed by him or his authorized representative, to the department together with his claim for refund of tax erroneously or illegally collected.

    6.  If the department finds that the tax has been erroneously or illegally collected, the tax must be refunded.

    Sec. 51.  NRS 483.250 is hereby amended to read as follows:

    483.250  The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

    1.  To any person who is under the age of 18 years, except that the department may issue:

    (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.


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ê2001 Statutes of Nevada, Page 1995 (Chapter 407, AB 650)ê

 

    (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

    (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

    (d) Except as otherwise provided in paragraph (e), a license to a person between the ages of 16 and 18 years who has completed a course:

         (1) In automobile driver education pursuant to NRS 389.090; or

         (2) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090,

and who has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal guardian of a person who desires to obtain a license pursuant to this paragraph must sign and submit to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by this paragraph.

    (e) A license to a person who is between the ages of 16 and 18 years if:

         (1) The public school in which he is enrolled is located in a county whose population is less than [35,000] 50,000 or in a city or town whose population is less than 25,000;

         (2) The public school does not offer automobile driver education;

         (3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; and

         (4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3).

    2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

    3.  To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

    4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

    5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

    6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

    7.  To any person who is not a resident of this state.

    8.  To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.

    9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.


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ê2001 Statutes of Nevada, Page 1996 (Chapter 407, AB 650)ê

 

    Sec. 52.  NRS 483.270 is hereby amended to read as follows:

    483.270  1.  The department may issue a restricted license to any pupil between the ages of 14 and 18 years who is attending:

    (a) A public school in a school district in this state in a county whose population is less than [35,000] 50,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district, if the pupil meets the requirements for eligibility adopted by the department pursuant to subsection 5; or

    (b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,

and it is impossible or impracticable to furnish such pupil with private transportation to and from school.

    2.  An application for the issuance of a restricted license under this section must:

    (a) Be made upon a form provided by the department.

    (b) Be signed and verified as provided in NRS 483.300.

    (c) Contain such other information as may be required by the department.

    3.  Any restricted license issued pursuant to this section:

    (a) Is effective only for the school year during which it is issued or for a more restricted period.

    (b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.

    (c) May contain such other restrictions as the department may deem necessary and proper.

    (d) May authorize the licensee to transport as passengers in a motor vehicle driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

    4.  No restricted license may be issued under the provisions of this section until the department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

    5.  The department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.

    Sec. 53.  NRS 629.045 is hereby amended to read as follows:

    629.045  1.  Every provider of health care to whom any person comes or is brought for the treatment of:

    (a) Second or third degree burns to 5 percent or more of his body;

    (b) Burns to his upper respiratory tract or laryngeal edema resulting from the inhalation of heated air; or

    (c) Burns which may result in death,

shall promptly report that information to the appropriate local fire department.

    2.  The report required by subsection 1 must include:

    (a) The name and address of the person treated, if known;

    (b) The location of the person treated; and

    (c) The character and extent of his injuries.


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ê2001 Statutes of Nevada, Page 1997 (Chapter 407, AB 650)ê

 

    3.  A person required to make a report pursuant to subsection 1 shall, within 3 working days after treating the person, submit a written report to:

    (a) The appropriate local fire department in counties whose population is [25,000] 40,000 or more; or

    (b) The state fire marshal in counties whose population is less than [25,000.] 40,000.

The report must be on a form provided by the state fire marshal.

    4.  A provider of health care, his agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section or any consequential damages.

    Sec. 54.  NRS 644.217 is hereby amended to read as follows:

    644.217  1.  The board may issue a certificate of registration as a cosmetologist’s apprentice to a person if:

    (a) The person is a resident of a county whose population is less than [35,000;] 50,000;

    (b) The person is required to travel more than 60 miles from his place of residence to attend a licensed school of cosmetology; and

    (c) The training of the person as a cosmetologist’s apprentice will be conducted at a licensed cosmetological establishment that is located in such a county.

    2.  An applicant for a certificate of registration as a cosmetologist’s apprentice must submit an application to the board on a form prescribed by the board. The application must be accompanied by a fee of $100 and must include:

    (a) A statement signed by the licensed cosmetologist who will be supervising and training the cosmetologist’s apprentice which states that the licensed cosmetologist has been licensed by the board to practice cosmetology in this state for not less than 3 years immediately preceding the date of the application and that his license has been in good standing during that period;

    (b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a cosmetologist’s apprentice at the cosmetological establishment; and

    (c) Such other information as the board may require by regulation.

    3.  A certificate of registration as a cosmetologist’s apprentice is valid for 2 years after the date on which it is issued and may be renewed by the board upon good cause shown.

    Sec. 55.  NRS 647.060 is hereby amended to read as follows:

    647.060  1.  At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall require the person vending the hides or junk to subscribe a statement containing the following information:

    (a) When, where and from whom the vendor obtained the property.

    (b) The vendor’s age, residence, including the city or town, and the street and number, if any, of the residence, and such other information as is reasonably necessary to enable the residence to be located.

    (c) The name of the employer, if any, of the vendor and the place of business or employment of the employer.

    2.  Except as otherwise provided in subsection 3, the junk dealer shall on the next business day:

    (a) File the original statement subscribed by the vendor in the office of the sheriff of the county where the purchase was made; and


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ê2001 Statutes of Nevada, Page 1998 (Chapter 407, AB 650)ê

 

    (b) If the purchase was made in a city or town, file a copy of the statement with the chief of police of that city or town.

    3.  In a county whose population is [30,000] 45,000 or less, the original statement may be filed in the office of the sheriff’s deputy for transmission to the sheriff.

    Sec. 56.  NRS 690B.015 is hereby amended to read as follows:

    690B.015  1.  The commissioner shall annually conduct a survey of licensed operators of body shops in this state to determine:

    (a) The rates charged by such operators for painting and other repairs; and

    (b) The difference, if any, between the amount paid by the operators for new and used parts acquired for repairs and the amount charged to customers for those parts.

    2.  The information obtained by the survey must be compiled in a written report, which must set forth information relating to:

    (a) Each county separately whose population is 50,000 or more ; [than 35,000;] and

    (b) The remaining counties of the state.

The report is a public record for the purposes of NRS 239.010.

    Sec. 57.  NRS 695G.175 is hereby amended to read as follows:

    695G.175  1.  If a managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services with a hospital or other licensed health care facility that provides acute care and is located in a city whose population is less than [45,000] 60,000 or a county whose population is less than 100,000, the managed care organization shall not:

    (a) Prohibit an insured from receiving services covered by the health care plan of the insured at that hospital or licensed health care facility if the services are provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;

    (b) Refuse to provide coverage for services covered by the health care plan of an insured that are provided to the insured at that hospital or licensed health care facility if the services were provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;

    (c) Refuse to pay a provider of health care with whom the managed care organization has contracted for the provision of services for providing services to an insured at that hospital or licensed health care facility if the services are covered by the health care plan of the insured;

    (d) Discourage a provider of health care with whom the managed care organization has contracted for the provision of services from providing services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured; or

    (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care:

         (1) To provide services to an insured that are covered by the health care plan of the insured at another hospital or licensed health care facility; or

         (2) Not to provide services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured.

    2.  Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or licensed health care facility other than the hospital or licensed health care facility described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services.


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ê2001 Statutes of Nevada, Page 1999 (Chapter 407, AB 650)ê

 

organization contracts for the provision of emergency medical services, outpatient services or inpatient services.

    Sec. 58.  NRS 710.147 is hereby amended to read as follows:

    710.147  1.  The governing body of a county whose population is [35,000] 50,000 or more:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

         (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

         (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    2.  Any information relating to the study conducted pursuant to subsection 1 must be maintained by the county clerk and made available for public inspection during the business hours of the office of the county clerk.

    3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.

    4.  As used in this section:

    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 59.  NRS 711.175 is hereby amended to read as follows:

    711.175  Except as otherwise provided in NRS 318.1192, 318.1193 and 318.1194:

    1.  The governing body of a county whose population is [35,000] 50,000 or more shall not sell the services of a community antenna television system to the general public.

    2.  The governing body of a city whose population is 25,000 or more shall not sell the services of a community antenna television system to the general public.

    Sec. 60.  Section 12 of Assembly Bill No. 487 of this session is hereby amended to read as follows:

    Sec. 12.  NRS 283.040 is hereby amended to read as follows:

    283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

    (a) The death or resignation of the incumbent.

    (b) The removal of the incumbent from office.

    (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

    (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

    (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.

    (f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.


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ê2001 Statutes of Nevada, Page 2000 (Chapter 407, AB 650)ê

 

elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.

    (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

         (1) The medical condition of the incumbent;

         (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

         (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

    (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

    (i) A determination pursuant to section 2 or 8 of this act that the incumbent fails to meet any qualification required for the office.

    2.  Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.

    Sec. 61.  The legislature declares that in enacting this act it has reviewed each of the classifications by population amended by this act, has considered the suggestions of the several counties and of other interested persons in the state relating to whether any should be retained unchanged or amended differently, and has found that each of the sections in which a criterion of population has been changed should not under present conditions apply to a county larger or smaller, as the case may be, than the new criterion established.

    Sec. 62.  1.  This section and sections 1, 3, 5 to 13, inclusive, 15 to 18, inclusive, 20 and 22 to 61, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 4, 14, 19 and 21 of this act becomes effective at 12:01 a.m. on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 2001ê

 

CHAPTER 408, SB 27

Senate Bill No. 27–Senator Wiener

 

CHAPTER 408

 

AN ACT relating to elections; requiring the secretary of state to include on a form for an application to register to vote an option for a registered voter to receive a sample ballot in large type; requiring that certain information be placed on certain sample ballots; requiring that a sample ballot in large type be mailed to a registered voter upon request; requiring that certain sample ballots be printed in at least a certain minimum size print; 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 293 of NRS is hereby amended by adding thereto a new section to read as follows:

    The secretary of state shall include on all forms for an application to register to vote prescribed by him the following option, printed in a separate box created by bold lines, in at least 14-point bold type:

    [ ] CHECK THIS BOX TO RECEIVE A SAMPLE BALLOT IN LARGER TYPE

    Sec. 2.  NRS 293.565 is hereby amended to read as follows:

    293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

    (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;

    (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

    (c) The full text of each proposed constitutional amendment.

    2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

    (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

    (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

    (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

    3.  At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

    (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

    (b) The sample ballot must also include a notice in [at least 10-point] bold type immediately above the location which states:

 


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ê2001 Statutes of Nevada, Page 2002 (Chapter 408, SB 27)ê

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

    4.  Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:

    (a) Be printed in at least 12-point type; and

    (b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

    5.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

    6.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

    7.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

    8.  The county clerk shall include in each sample ballot for a primary election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

    [5.] 9.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

    Sec. 3.  NRS 293C.530 is hereby amended to read as follows:

    293C.530  1.  At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

    (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

    (b) The sample ballot must also include a notice in [at least 10-point] bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

    2.  Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:

    (a) Be printed in at least 12-point type; and

    (b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

NOTICE: TO RECEIVE A SAMPLE BALLOT IN


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ê2001 Statutes of Nevada, Page 2003 (Chapter 408, SB 27)ê

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

    3.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

    4.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

    5.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.

    6.  The city clerk shall include in each sample ballot for a primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

    [3.] 7.  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

    Sec. 4.  NRS 266.0325 is hereby amended to read as follows:

    266.0325  1.  At least 10 days before an election held pursuant to NRS 266.029, the county clerk or registrar of voters shall cause to be mailed to each qualified elector a sample ballot for his precinct with a notice informing the elector of the location of his polling place.

    2.  The sample ballot must:

    (a) Be in the form required by NRS 266.032.

    (b) Include the information required by NRS 266.032.

    (c) Except as otherwise provided in subsection 3, be printed in at least 12-point type.

    (d) Describe the area proposed to be incorporated by assessor’s parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.

    [(d)] (e) Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.

    (f) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

    3.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

    4.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.


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ê2001 Statutes of Nevada, Page 2004 (Chapter 408, SB 27)ê

 

    5.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

    Sec. 5.  A form for an application to register to vote prescribed by the secretary of state which does not comply with the requirements of section 1 of this act may be used after July 1, 2001, if the form was printed on or before July 1, 2001, but forms that do not comply with section 1 of this act must not be ordered or produced after July 1, 2001.

________

 

CHAPTER 409, SB 38

Senate Bill No. 38–Senator Townsend

 

CHAPTER 409

 

AN ACT relating to the Airport Authority of Washoe County; revising the provisions governing the appointment of the members of the board of trustees; prohibiting a former member of the board from entering into, bidding on or having a pecuniary interest in a contract with the authority or being employed by the authority until 1 year after the termination of his service on the board; exempting the Authority from certain requirements concerning concession agreements; 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.  Section 5 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 83, Statutes of Nevada 1981, at page 181, is hereby amended to read as follows:

    Sec. 5.  1.  The authority [shall] must be directed and governed by a board of trustees composed of eight persons who serve at the pleasure of the appointing authority in each case.

    2.  The City of Reno [shall] must be represented on the board by four members, the City of Sparks by two members and Washoe County by two members, appointed as specified in this section. The terms of all trustees appointed by the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County pursuant to this section [prior to] before its amendment expire on July 1, 1981. On July 1, 1981:

    (a) The city council of the City of Reno shall appoint four trustees, two for terms of 2 years and two for terms of 4 years. Subsequent appointments [shall] must be made for terms of 4 years.

    (b) The city council of the City of Sparks shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments [shall] must be made for a term of 4 years.

    (c) The board of county commissioners of Washoe County shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments [shall] must be made for terms of 4 years.


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ê2001 Statutes of Nevada, Page 2005 (Chapter 409, SB 38)ê

 

    3.  The position of a member of the board of trustees [shall] must be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

    4.  An appointment of a member of the board of trustees pursuant to the provisions of this section must be made not later than June 15 of the year in which the member is required to be appointed.

    Sec. 2.  Section 6 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 186, Statutes of Nevada 1995, at page 310, is hereby amended to read as follows:

    Sec. 6.  1.  Each member of the board shall file with the county clerk:

    (a) His oath of office.

    (b) A corporate surety bond furnished at the authority’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.

    2.  No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authority’s business.

    3.  Each member of the board is entitled to receive $560 per month.

    4.  A former member of the board may not:

    (a) Enter into, submit a bid for or have a pecuniary interest in a contract with the authority; or

    (b) Be employed by the authority,

until 1 year after the termination of his service on the board.

    5.  For the purposes of this section, “financial interest” means:

    (a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.

    (b) Income amounting to 10 percent or more of the gross income of the interested person.

    Sec. 3.  Section 10.2 of chapter 737, Statutes of Nevada 1989, as last amended by chapter 614, Statutes of Nevada 1993, at page 2554, is hereby amended to read as follows:

    Sec. 10.2  1.  The authority may enter into any concession agreement if the board or its authorized representative reviews the agreement and determines it is in the best interest of the authority. In making [this] that determination, the board or its authorized representative shall consider whether the proposed fees to be paid to the authority for the privileges granted are conducive to revenue generation and providing high quality service to the traveling public.

    2.  Before entering into any concession agreement providing estimated revenue to the authority of more than $25,000, the authority must:

    (a) Comply with the bidding requirements of the Local Government Purchasing Act [;] except the provisions of subsection 3 of NRS 332.105; or


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ê2001 Statutes of Nevada, Page 2006 (Chapter 409, SB 38)ê

 

    (b) Publish notice of its intention to enter the agreement in a newspaper of general circulation in the county at least three times during a period of 10 days. The notice must specify the date, time and place of a regular meeting of the authority to be held after completion of the publication at which any interested person may appear.

    3.  The board may authorize the executive director of the authority to enter into any concession agreement on behalf of the authority if the agreement provides estimated revenue to the authority of $25,000 or less. Such an agreement is not subject to the provisions of subsection 2.

    Sec. 4.  The prohibition set forth in subsection 4 of section 6 of chapter 474, Statutes of Nevada 1977, as last amended by section 2 of this act, applies to members of the board of trustees of the Airport Authority of Washoe County who are serving on or after July 1, 2001.

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

________

 

CHAPTER 410, SB 61

Senate Bill No. 61–Committee on Government Affairs

 

CHAPTER 410

 

AN ACT relating to public works projects; authorizing certain public bodies to contract with a design-build team for certain public works projects; removing certain requirements for providing notice of certain hearings; removing certain requirements for advertising for preliminary proposals from design-build teams for certain projects; changing certain requirements for the contents of a request for preliminary proposals; authorizing a public body and the department of transportation to select finalists for submitting a final proposal within a certain period; requiring a public body and the department of transportation to consider the degree to which a preliminary proposal is responsive to certain requirements when selecting finalists; changing certain requirements for a request for final proposals; removing the date for expiration of provisions relating to the use of design-build teams on public works projects; 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 338.1385 is hereby amended to read as follows:

    338.1385  1.  Except as otherwise provided in subsection [7 and- NRS 338.1906 and 338.1907,] 8, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:

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

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


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ê2001 Statutes of Nevada, Page 2007 (Chapter 410, SB 61)ê

 

    2.  Except as otherwise provided in subsection [7,] 8, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

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

    (a) The requirement that a contractor must be qualified pursuant to NRS 338.1379 to bid on the contract or must be exempt from meeting such qualifications pursuant to NRS 338.1383; and

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

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

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

    (a) The bidder is not a qualified bidder pursuant to NRS 338.1379, unless the bidder is exempt from meeting such qualifications pursuant to NRS 338.1383;

    (b) The bidder is not responsive;

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

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

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

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

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

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

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

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

    7.  In preparing the estimated cost of a project pursuant to subsection 6, the state or a local government must include the fair market value of, or, if known, the actual cost of, all materials, supplies, labor and equipment to be used for the project.

    8.  This section does not apply to:


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ê2001 Statutes of Nevada, Page 2008 (Chapter 410, SB 61)ê

 

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

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

    (c) Normal maintenance of the property of a school district;

    (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993; or

    (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.

    Sec. 2.  NRS 338.1389 is hereby amended to read as follows:

    338.1389  1.  Except as otherwise provided in NRS 338.1385 and 338.1711 to 338.1727, inclusive, a public body shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:

    (a) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or is exempt from meeting such requirements pursuant to NRS 338.1373 or 338.1383; and

    (b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors’ board pursuant to subsection 3,

shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:

    (a) Paid:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

         (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

         (3) Any combination of such sales and use taxes and governmental services tax; or

    (b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:


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ê2001 Statutes of Nevada, Page 2009 (Chapter 410, SB 61)ê

 

         (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

         (2) Certificate of eligibility to receive a preference in bidding on public works.

    4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:

    (a) Sales and use taxes and governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and

    (b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

    5.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.

    6.  A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.

    7.  If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.

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

    9.  [Except as otherwise provided in subsection 2 of NRS 338.1727, if] If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    10.  The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

    11.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:


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ê2001 Statutes of Nevada, Page 2010 (Chapter 410, SB 61)ê

 

    (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

    (b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.

    12.  If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.

    Sec. 3.  NRS 338.143 is hereby amended to read as follows:

    338.143  1.  Except as otherwise provided in subsection [6 and NRS 338.1907,] 7, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:

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

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

    2.  Except as otherwise provided in subsection [6,] 7, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

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

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

    (a) The bidder is not responsive or responsible;

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

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


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ê2001 Statutes of Nevada, Page 2011 (Chapter 410, SB 61)ê

 

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

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

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

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

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

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

    6.  In preparing the estimated cost of a project pursuant to subsection 5, a local government must include the fair market value of, or, if known, the actual cost of, all materials, supplies, labor and equipment to be used for the project.

    7.  This section does not apply to:

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

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

    (c) Normal maintenance of the property of a school district;

    (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993; or

    (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.

    Sec. 4.  NRS 338.147 is hereby amended to read as follows:

    338.147  1.  Except as otherwise provided in NRS 338.143 and 338.1711 to 338.1727, inclusive, a local government shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:

    (a) Has been found to be a responsible and responsive contractor by the local government; and

    (b) At the time he submits his bid, provides to the local government a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors’ board pursuant to subsection 3,

shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:


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ê2001 Statutes of Nevada, Page 2012 (Chapter 410, SB 61)ê

 

the board an affidavit from a certified public accountant setting forth that the general contractor has:

    (a) Paid:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

         (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

         (3) Any combination of such sales and use taxes and governmental services tax; or

    (b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:

         (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

         (2) Certificate of eligibility to receive a preference in bidding on public works.

    4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:

    (a) Sales and use taxes and governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and

    (b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

    5.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.

    6.  A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.

    7.  If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.


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ê2001 Statutes of Nevada, Page 2013 (Chapter 410, SB 61)ê

 

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

    9.  [Except as otherwise provided in subsection 2 of NRS 338.1727 and subsection 2 of NRS 408.3886 if] If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    10.  The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

    11.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:

    (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

    (b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.

    12.  If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.

    Sec. 5.  NRS 338.1711 is hereby amended to read as follows:

    338.1711  1.  Except as otherwise provided in this section, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

    2.  A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body determines that:

    (a) The public work is:

         (1) A plant or facility for the treatment and pumping of water or the treatment and disposal of wastewater or sewage, the estimated cost of which exceeds $100,000,000; or

         (2) Any other type of public work, except a stand-alone underground utility project, the estimated cost of which exceeds $30,000,000; and

    (b) Contracting with a design-build team will enable the public body to:


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ê2001 Statutes of Nevada, Page 2014 (Chapter 410, SB 61)ê

 

         (1) Design and construct the public work at a cost that is significantly lower than the cost that the public body would incur to design and construct the public work using a different method;

         (2) Design and construct the public work in a shorter time than would be required to design and construct the public work using a different method, if exigent circumstances require that the public work be designed and constructed within a short time; or

         (3) Ensure that the design and construction of the public work is properly coordinated, if the public work is unique, highly technical and complex in nature.

    3.  [In a county whose population is 400,000 or more, a public body that is responsible for financing public works may, for its own public works and those financed by a different public body, including, without limitation, an airport if the airport is owned and operated as a department of the public body,] Each state agency and each local government may contract with a design-build team once in each fiscal year for the design and construction of a public work if the [public] governing body of the entity that is responsible for financing the public work determines that:

    (a) The estimated cost of the public work is [at least $5,000,000] :

         (1) At least $250,000 but less than $30,000,000 [;] if the public work is the construction of a park and appurtenances thereto, the rehabilitation or remodeling of a public building, or the construction of an addition to a public building;

         (2) At least $500,000 but less than $30,000,000 if the public work is the construction of a new public building;

         (3) At least $5,000,000 but less than $100,000,000 if the public work is the construction, alteration or repair of a plant or facility for the treatment and pumping of water or the treatment and disposal of wastewater or sewage; or

         (4) At least $5,000,000 but less than $30,000,000 if the public work is the construction, alteration or repair of any other fixed works as described in subsection 2 of NRS 624.215; and

    (b) Contracting with a design-build team will enable the public body to:

         (1) Design and construct the public work at a cost that is significantly lower than the cost that the public body would incur to design and construct the public work using a different method;

         (2) Design and construct the public work in a shorter time than would be required to design and construct the public work using a different method, if exigent circumstances require that the public work be designed and constructed within a short time; or

         (3) Ensure that the design and construction of the public work is properly coordinated, if the public work is unique, highly technical and complex in nature.

    4.  Notwithstanding the provisions of subsections 1, 2 and 3, a public body may contract with:

    (a) A nonprofit organization for the design and construction of a project to restore, enhance or develop wetlands.

    (b) A prime contractor, specialty contractor or design-build team with respect to a public work if the public body determines that the public work is:

         (1) Not part of a larger public work; and

         (2) Limited in scope to:


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ê2001 Statutes of Nevada, Page 2015 (Chapter 410, SB 61)ê

 

             (I) Removal of asbestos;

             (II) Replacement of equipment or systems for heating, ventilation and air-conditioning;

             (III) Replacement of a roof;

             (IV) Landscaping; or

             (V) Restoration, enhancement or development of wetlands.

    5.  As used in this section, “state agency” includes an agency, bureau, board, commission, department, division or any other unit of the legislative department, judicial department or executive department of state government or the University and Community College System of Nevada.

    Sec. 6.  NRS 338.1713 is hereby amended to read as follows:

    338.1713  1.  A public body shall not contract with a design-build team with respect to a public work unless the governing body of the public body makes the determinations, at a public hearing, that are required pursuant to subsection 2, 3 or 4 of NRS 338.1711, as applicable.

    2.  A public body that is required to hold a public hearing pursuant to this section shall publish notice of the hearing [at least once each week for 3 consecutive weeks in:

    (a) A newspaper of general circulation published in the county in which the public work is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in the county published in this state; and

    (b) A] in a newspaper of general circulation in this state.

    Sec. 7.  NRS 338.1723 is hereby amended to read as follows:

    338.1723  1.  A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team [at least twice each week for 3 consecutive weeks in:

    (a) A newspaper of general circulation published in the county in which the public work is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in the county published in this state; and

    (b) A] in a newspaper of general circulation in this state.

    2.  A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

    (a) A description of the public work to be designed and constructed;

    (b) Separate estimates of the costs of designing and constructing the public work;

    (c) The dates on which it is anticipated that the separate phases of the design and construction of the public work will begin and end;

    (d) The date by which preliminary proposals must be submitted to the public body, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

    (e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the public work may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

    3.  A public body shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the public work:


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ê2001 Statutes of Nevada, Page 2016 (Chapter 410, SB 61)ê

 

    (a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the public work that the public body determines to be necessary;

    [(e)] (b) A list of the requirements set forth in NRS 338.1721;

    [(f)] (c) A list of the factors that the public body will use to evaluate design-build teams who submit a proposal for the public work, including, without limitation:

         (1) The relative weight to be assigned to each factor [;] pursuant to NRS 338.1727; and

         (2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

    [(g)] (d) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 338.1725 and a description of that information;

    [(h)] (e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 should submit a copy of the certificate of eligibility with its proposal;

    [(i)] and

    (f) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 338.1725 but is not awarded the design-build contract pursuant to NRS 338.1727 will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement . [; and

    (j) The date by which preliminary proposals must be submitted to the public body, which must not be less than 30 days or more than 60 days after the date on which the request for preliminary proposals is first published in a newspaper pursuant to subsection 1.]

    Sec. 8.  NRS 338.1725 is hereby amended to read as follows:

    338.1725  1.  [At least 30 days after the date by which preliminary proposals must be submitted to the public body, the] The public body shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the public body does not receive at least three preliminary proposals from design-build teams that the public body determines to be qualified pursuant to this section and NRS 338.1721, the public body may not contract with a design-build team for the design and construction of the public work.

    2.  The public body shall select finalists pursuant to subsection 1 by:

    (a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 338.1721; and

    (b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

         (1) The professional qualifications and experience of the members of the design-build team;

         (2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;


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         (3) The safety programs established and the safety records accumulated by the members of the design-build team; [and]

         (4) The proposed plan of the design-build team to manage the design and construction of the public work that sets forth in detail the ability of the design-build team to design and construct the public work [.] ; and

         (5) The degree to which the preliminary proposal is responsive to the requirements of the public body for the submittal of a preliminary proposal.

    Sec. 9.  NRS 338.1727 is hereby amended to read as follows:

    338.1727  1.  After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

    (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

    (b) Set forth the date by which final proposals must be submitted to the public body.

    2.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

    3.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1 and comply with the provisions of NRS 338.141. [If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.

    3.  At least 30 days after]

    4.  After receiving the final proposals for the public work, the public body shall:

    (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to [subsection 1;] subsections 1 and 2; or

    (b) Reject all the final proposals.

    [4.] 5.  If a public body selects a final proposal pursuant to paragraph (a) of subsection [3,] 4, the public body shall, at its next regularly scheduled meeting:

    (a) Review and ratify the selection.


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    (b) Award the design-build contract to the design-build team whose proposal is selected.

    (c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph [(i)] (f) of subsection [2] 3 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

    (d) Make available to the public a summary setting forth the factors used by the public body to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

    [5.] 6.  A contract awarded pursuant to this section must specify:

    (a) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

    (b) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

    (c) A date by which performance of the work required by the contract must be completed.

    [6.] 7.  A design-build team to whom a contract is awarded pursuant to this section shall:

    (a) Assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner; and

    (b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the public work.

    Sec. 10.  NRS 408.215 is hereby amended to read as follows:

    408.215  1.  The director has charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in NRS 408.333 and the financial or proprietary information described in paragraph (d) of subsection [4] 5 of NRS 408.3886, which must not become matters of public record.

    2.  The director may photograph, microphotograph or film or dispose of the records of the department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.

    3.  The director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department.

    4.  The director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.

    Sec. 11.  NRS 408.3881 is hereby amended to read as follows:

    408.3881  1.  The department shall not contract with a design-build team with respect to a project unless the board makes the determinations, at a public meeting, that are required pursuant to NRS 408.388.

    2.  If the department is required to hold a public meeting pursuant to this section, the department shall publish notice of the meeting [at least once each week for 3 consecutive weeks in:


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ê2001 Statutes of Nevada, Page 2019 (Chapter 410, SB 61)ê

 

    (a) A newspaper of general circulation published in each county in which the project is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in each county published in this state; and

    (b) A] in a newspaper of general circulation in this state.

    Sec. 12.  NRS 408.3883 is hereby amended to read as follows:

    408.3883  1.  The department shall advertise for preliminary proposals for the design and construction of a project by a design-build team [at least twice each week for 3 consecutive weeks in:

    (a) A newspaper of general circulation published in each county in which the project is proposed to be constructed or, if there is no such newspaper, in a newspaper of general circulation in each county published in this state; and

    (b) A] in a newspaper of general circulation in this state.

    2.  A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

    (a) A description of the proposed project;

    (b) Separate estimates of the costs of designing and constructing the project;

    (c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;

    (d) The date by which preliminary proposals must be submitted to the department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

    (e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

    3.  The department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:

    (a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the department determines to be necessary;

    [(e)] (b) A list of the requirements set forth in NRS 408.3884;

    [(f)] (c) A list of the factors that the department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:

         (1) The relative weight to be assigned to each factor [;] pursuant to NRS 408.3886; and

         (2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

    [(g)] (d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

    [(h)] (e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 should submit a copy of the certificate of eligibility with its proposal;

    [(i)] and


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    (f) A statement as to whether a bidding design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement . [; and

    (j) The date by which preliminary proposals must be submitted to the department, which must not be less than 30 days or more than 60 days after the date on which the request for preliminary proposals is first published in a newspaper pursuant to subsection 1.]

    Sec. 13.  NRS 408.3885 is hereby amended to read as follows:

    408.3885  1.  [At least 30 days after the date by which preliminary proposals must be submitted to the department, the] The department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the department does not receive at least three preliminary proposals from design-build teams that the department determines to be qualified pursuant to this section and NRS 408.3884, the department may not contract with a design-build team for the design and construction of the project.

    2.  The department shall select finalists pursuant to subsection 1 by:

    (a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 408.3884; and

    (b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

         (1) The professional qualifications and experience of the members of the design-build team;

         (2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

         (3) The safety programs established and the safety records accumulated by the members of the design-build team; [and]

         (4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project [.] ; and

         (5) The degree to which the preliminary proposal is responsive to the requirements of the department for the submittal of a preliminary proposal.

    Sec. 14.  NRS 408.3886 is hereby amended to read as follows:

    408.3886  1.  After selecting the finalists pursuant to NRS 408.3885, the department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

    (a) Set forth the factors that the department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

    (b) Set forth the date by which final proposals must be submitted to the department.

    2.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the department shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.


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ê2001 Statutes of Nevada, Page 2021 (Chapter 410, SB 61)ê

 

assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

    3.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141. [If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.

    3.  At least 30 days after]

    4.  After receiving the final proposals for the project, the department shall:

    (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to [subsection 1;] subsections 1 and 2; or

    (b) Reject all the final proposals.

    [4.] 5.  If the department selects a final proposal pursuant to paragraph (a) of subsection [3,] 4, the department shall hold a public meeting to:

    (a) Review and ratify the selection.

    (b) Award the design-build contract to the design-build team whose proposal is selected.

    (c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph [(i)] (f) of subsection [2] 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, three percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

    (d) Make available to the public a summary setting forth the factors used by the department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

    [5.] 6.  A contract awarded pursuant to this section must specify:

    (a) An amount that is the maximum amount that the department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

    (b) An amount that is the maximum amount that the department will pay for the performance of the professional services required by the contract; and

    (c) A date by which performance of the work required by the contract must be completed.

    [6.] 7.  A design-build team to whom a contract is awarded pursuant to this section shall:

    (a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and


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ê2001 Statutes of Nevada, Page 2022 (Chapter 410, SB 61)ê

 

    (b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the project.

    Sec. 15.  Section 21 of Assembly Bill No. 298 of the 1999 session as last amended by section 35.6 of chapter 627, Statutes of Nevada 1999, at page 3497, is hereby amended to read as follows:

    Sec. 21.  1.  This section and sections 2 to 7, inclusive, 10 to 14, inclusive, and 16 to [19, inclusive, and] 20 , inclusive, of this act become effective on October 1, 1999.

    2.  Section 8 of this act becomes effective on October 1, 1999, and expires by limitation on [October 1, 2003.

    3.  Sections 19.2 and 19.6 of this act become effective on October 1, 2003.

    4.  Sections 15 and 19.4] May 1, 2013.

    3.  Section 15 of this act [become] becomes effective at 12:01 a.m. on May 1, 2013.

    [5.] 4.  Sections 14, 18 [, 19 and 19.2] and 19 of this act expire by limitation on May 1, 2013.

    Sec. 16.  Section 38 of chapter 627, Statutes of Nevada 1999, at page 3504, is hereby amended to read as follows:

    Sec. 38.  1.  This section and sections [35.4 and] 1 to 9, inclusive, 14 to 35, inclusive, 35.6 and 36 of this act become effective on October 1, 1999.

    2.  [Sections 1 to 9, inclusive, 14 to 35, inclusive, 36 and] Section 37 of this act [become] becomes effective on October 1, 1999, and [expire] expires by limitation on October 1, 2003.

    3.  Sections 10, 13 and 35.8 of this act become effective at 12:01 a.m. on October 1, 1999 . [, and expire by limitation on October 1, 2003.]

    4.  Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1999, and expires by limitation on May 1, 2013.

    [5.  Section 13.5 of this act becomes effective at 12:01 a.m. on October 1, 2003.

    6.  Section 35.2 of this act becomes effective at 12:01 a.m. on October 1, 2003 and expires by limitation on May 1, 2013.

    7. Section 12 of this act becomes effective at 12:02 a.m. on May 1, 2013.]

    Sec. 17.  Sections 12, 13.5, 35.2 and 35.4 of chapter 627, Statutes of Nevada 1999, at pages 3476, 3479, 3490 and 3491, respectively, are hereby repealed.

    Sec. 18.  1.  This section and sections 5 to 17, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 2 and 4 of this act become effective at 12:01 a.m. on July 1, 2001.

    3.  Section 1 of this act becomes effective on May 1, 2013.

    4.  Section 3 of this act becomes effective at 12:03 a.m. on May 1, 2013.

________

 


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ê2001 Statutes of Nevada, Page 2023ê

 

CHAPTER 411, SB 182

Senate Bill No. 182–Committee on Judiciary

 

CHAPTER 411

 

AN ACT relating to criminal procedure; removing the authority for a private person to take an arrested person before the nearest magistrate following an arrest; 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 171.1772 is hereby amended to read as follows:

    171.1772  Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested may be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate by the peace officer if:

    1.  The person arrested furnishes satisfactory evidence of identity; and

    2.  [A] The peace officer has reasonable grounds to believe that the person arrested will keep a written promise to appear in court.

    Sec. 2.  NRS 171.178 is hereby amended to read as follows:

    171.178  1.  Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.

    2.  A private person making an arrest without a warrant shall [take] deliver the arrested person without unnecessary delay to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada . [or deliver the arrested person to a peace officer.]

    3.  If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:

    (a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and

    (b) May release the arrested person if he determines that the person was not brought before a magistrate without unnecessary delay.

    4.  When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith.

    5.  Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, he must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.

    6.  A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release.


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released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.

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

________

 

CHAPTER 412, SB 297

Senate Bill No. 297–Senator O’Connell (by request)

 

CHAPTER 412

 

AN ACT relating to elections; establishing uniform, statewide standards for counting votes cast using certain methods of voting; requiring the secretary of state to adopt regulations establishing uniform, statewide standards for counting votes cast using all other methods of voting; making various changes relating to requests for absent ballots; establishing procedures concerning the custody of certain ballots; limiting, under certain circumstances, a recount requested by a candidate to a recount of the votes received for that candidate and the votes received for the candidate who won the election; prohibiting members of a board of county commissioners or a city council from serving on a recount board 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.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.

    2.  Except as otherwise provided in subsection 1, in an election in which a paper ballot is used whereby a vote is cast by placing a cross in the designated square on the paper ballot, a vote on the ballot must not be counted unless indicated by a cross in the designated square.

    3.  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by punching a card:

    (a) A chip on the card must be counted as a vote if:

         (1) The chip has at least one corner that is detached from the card; or

         (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

    (b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.

    4.  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:

    (a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and


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    (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.

    5.  The secretary of state:

    (a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2, 3 or 4; and

    (b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this state that is not described in subsection 2, 3 or 4, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

    Sec. 3.  An error in the information included in a form to request an absent ballot does not constitute grounds for rejecting an absent ballot cast by the voter.

    Sec. 4.  NRS 293.127 is hereby amended to read as follows:

    293.127  1.  This Title shall be liberally construed to the end that all electors shall have an opportunity to participate in elections and that the real will of the electors may not be defeated by any informality or by failure substantially to comply with the provisions of this Title with respect to the giving of any notice or the conducting of an election or certifying the results thereof.

    2.  For purposes of counting a vote, the real will of an elector must be determined pursuant to section 2 or 23 of this act or regulations adopted pursuant to section 2 or 23 of this act.

    Sec. 5.  NRS 293.3095 is hereby amended to read as follows:

    293.3095  1.  A person who, during the 6 months immediately preceding an election, [mails] distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

    (a) [Mail] Distribute the form prescribed by the secretary of state, which must, in 14-point type or larger:

         (1) Identify the person who is [mailing] distributing the form; and

         (2) Include a notice stating, “This is a request for an absent ballot.”; [and

         (3) State that by returning the form, the form will be submitted to the county clerk;]

    (b) Not later than 14 days before [mailing] distributing such a form, [notify] provide to the county clerk of each county to which a form will be [mailed] distributed written notification of the approximate number of forms to be [mailed] distributed to voters in the county and of the first date [of the mailing of] on which the forms [; and] will be distributed;

    (c) Not return or offer to return to a county clerk a form that was mailed to a registered voter pursuant to this subsection; and

    (d) Not mail such a form later than 21 days before the election.

    2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.

    Sec. 6.  NRS 293.315 is hereby amended to read as follows:

    293.315  1.  A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the [Tuesday] seventh calendar day preceding any election, make an application to that clerk for an absent voter’s ballot. The application must be made available for public inspection.


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    2.  When the voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.

    3.  A county clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy such information.

    Sec. 7.  NRS 293.323 is hereby amended to read as follows:

    293.323  1.  [If] Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or [telegram,] facsimile machine, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base : [, postage prepaid:]

    (a) Except as otherwise provided in paragraph (b):

         (1) An absent ballot;

         (2) A return envelope;

         (3) Supplies for marking the ballot;

         (4) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

         (5) Instructions.

    (b) In those counties using a mechanical voting system whereby a vote is cast by punching a card:

         (1) A card attached to a sheet of foam plastic or similar backing material;

         (2) A return envelope;

         (3) A punching instrument;

         (4) A sample ballot;

         (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

         (6) Instructions.

    2.  If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter shall mail his absent ballot to the county clerk.

    3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

    [3.] 4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 [.

    4.] or 2.

    5.  Before depositing [the] a ballot in the mails [,] or sending a ballot by facsimile machine, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

    6.  The secretary of state shall adopt regulations to carry out the provisions of subsection 2.


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ê2001 Statutes of Nevada, Page 2027 (Chapter 412, SB 297)ê

 

    7.  As used in this section, “facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

    Sec. 8.  NRS 293.325 is hereby amended to read as follows:

    293.325  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the county clerk through the mails and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that [ballot] container to the precinct or district election board.

    2.  If the county clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. [On] At the end of each day before election day, the county clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the county clerk shall deliver the ballot box and, if applicable, each container to the absent ballot counting board to be counted.

    3.  If the county uses a mechanical voting system, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box [. On] or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day the county clerk shall deliver the ballot box and each container, if applicable, to the central counting place. If the county uses a mechanical voting system and the county clerk has appointed an absent ballot central counting board, the county clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the secretary of state.

    Sec. 9.  NRS 293.330 is hereby amended to read as follows:

    293.330  1.  [When] Except as otherwise provided in NRS 293.3157 and subsection 2 of NRS 293.323 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

    2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

    (a) The county clerk’s office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.


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ê2001 Statutes of Nevada, Page 2028 (Chapter 412, SB 297)ê

 

    (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”

    3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 10.  NRS 293.333 is hereby amended to read as follows:

    293.333  [1.]  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:

    [(a)] 1.  The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; [and

    (b)] 2.  The signature on the back of the return envelope must be compared with that on the original application to register to vote [.

    2.] ;

    3.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box [.

    3.] ; and

    4.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

    Sec. 11.  NRS 293.3602 is hereby amended to read as follows:

    293.3602  If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:

    1.  [The] Each voting day during that period, the ballots voted at the permanent or temporary polling place [must] may be removed from the ballot box and neatly stacked in a container that is sealed with a numbered seal after the ballots are stacked inside. The ballot box or sealed container must be delivered by an election board officer to the county clerk’s office at the close of each voting day. The seal on the ballot box or container must indicate the number of voted ballots contained in that box or container for that day.

    2.  When the ballot box or container is delivered pursuant to subsection 1, the county clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293.359.

    3.  At the close of each voting day before the fourth voting day before the last day to vote early, the county clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county clerk shall deliver all ballots voted to the ballot board for early voting.


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ê2001 Statutes of Nevada, Page 2029 (Chapter 412, SB 297)ê

 

voting. At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

    (a) Each remaining ballot box [containing] and container that holds the ballots voted early by personal appearance;

    (b) A voting roster of all persons who voted early by personal appearance; and

    (c) Any list of registered voters used in conducting early voting.

    4.  Upon the receipt of ballots, the board shall:

    (a) Remove all ballots from the ballot boxes and containers and sort the ballots by precinct or voting district;

    (b) Count the number of ballots by precinct or voting district;

    (c) Account for all ballots on an official statement of ballots; and

    (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

    5.  The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to [subsection] subsections 1 and 4 if those members do not interfere with the handling of the ballots.

    Sec. 12.  NRS 293.3625 is hereby amended to read as follows:

    293.3625  The county clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.304, 293.325, 293.3602, 293B.330 and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.

    Sec. 13.  NRS 293.363 is hereby amended to read as follows:

    293.363  When the polls are closed, the counting board shall prepare to count the ballots voted . [that day.] The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots or ballots which are voted by punching a card, the counting board shall prepare in the following manner:

    1.  The pollbooks must be compared and errors corrected until the books agree.

    2.  The container that holds the ballots, or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

    3.  If the ballots in the container or box are found to exceed in number the number of names on the pollbooks, the ballots must be replaced in the container or box, and a counting board officer, with his back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.


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ê2001 Statutes of Nevada, Page 2030 (Chapter 412, SB 297)ê

 

    4.  When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

    Sec. 14.  NRS 293.367 is hereby amended to read as follows:

    293.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

    2.  The regulations for counting ballots must include provisions that:

    (a) [A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.

    (b)] An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

    [(c If more choices than permitted by the instructions are marked for any office or question, the vote for that office or question may not be counted.

    (d) If it is impossible to determine a voter’s choice for any office or question, his vote or votes for that office or question may not be counted.

    (e)] (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

    [(f)] (c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.

    [(g)] (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

    [(h)] (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

    [(i)] (f) In counties where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.

    Sec. 15.  NRS 293.384 is hereby amended to read as follows:

    293.384  1.  Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots [deposited in the absent voters’ ballot boxes] from each ballot box or container that holds absent ballots received before that day and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ record.

    2.  [Any absent ballots received by the county clerk after 8 a.m. on the day that the ballots are withdrawn must be held by him until the ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall deposit those absent ballots in the appropriate ballot boxes.

    3.]  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.


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ê2001 Statutes of Nevada, Page 2031 (Chapter 412, SB 297)ê

 

    Sec. 16.  NRS 293.385 is hereby amended to read as follows:

    293.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day [from absent voters’ ballot boxes] and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ ballot record.

    2.  If any absent ballots are received by the county clerk on election day pursuant to NRS 293.316, the county clerk shall [hold the ballots until ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county clerk shall] deposit the absent ballots in the appropriate ballot boxes [.] or containers.

    3.  After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

    4.  If paper ballots are used, the results of the absent ballot vote in each precinct [shall] must be certified and submitted to the county clerk who shall have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The county clerks shall develop a procedure to ensure that each ballot is kept secret.

    5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

    Sec. 17.  NRS 293.403 is hereby amended to read as follows:

    293.403  1.  A candidate defeated at any election may demand and receive a recount of the vote for the office for which he is a candidate to determine the number of votes received for the candidate and the number of votes received for the person who won the election if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes [:

    (a) He files] the candidate who demands the recount:

    (a) Files in writing his demand with the officer with whom he filed his declaration of candidacy or acceptance of candidacy; and

    (b) [He deposits] Deposits in advance the estimated costs of the recount with that officer.

    2.  Any voter at an election may demand and receive a recount of the vote for a ballot question if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:

    (a) He files in writing his demand with:

         (1) The secretary of state, if the demand is for a recount of a ballot question affecting more than one county; or

         (2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

    (b) He deposits in advance the estimated costs of the recount with the person to whom he made his demand.


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ê2001 Statutes of Nevada, Page 2032 (Chapter 412, SB 297)ê

 

    3.  The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the secretary of state defining the term “costs.”

    4.  As used in this section, “canvass” means:

    (a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

    (b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

    (c) In any general election:

         (1) The canvass by the supreme court of the returns for a candidate for a statewide office or a statewide ballot question; or

         (2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).

    (d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

    Sec. 18.  NRS 293.404 is hereby amended to read as follows:

    293.404  1.  Where a recount is demanded pursuant to the provisions of NRS 293.403, the:

    (a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the registrar of voters of the county, if a registrar of voters has been appointed for the county, shall act as chairman of the recount board. If a registrar of voters has not been appointed for the county, the chairman of the board of county commissioners , if he is not a candidate on the ballot, shall act as chairman of the recount board. If the recount is for the office of county clerk, a registrar of voters has not been appointed for the county and the chairman of the board of county commissioners is a candidate on the ballot, the chairman of the board of county commissioners shall appoint another member of the board of county commissioners who is not a candidate on the ballot to act as chairman of the recount board. A member of the board of county commissioners who is a candidate on the ballot may not serve as a member of the recount board. At least one member of the board of county commissioners who is not a candidate on the ballot must be present at the recount.

    (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city , if he is not a candidate on the ballot, shall act as chairman of the recount board. If the recount is for the office of city clerk and the mayor of the city is a candidate on the ballot, the mayor of the city shall appoint another member of the city council who is not a candidate on the ballot to act as chairman of the recount board. A member of the city council who is a candidate on the ballot may not serve as a member of the recount board. At least one member of the city council who is not a candidate on the ballot must be present at the recount.

    2.  Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.


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ê2001 Statutes of Nevada, Page 2033 (Chapter 412, SB 297)ê

 

    [2.] 3.  Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.

    [3.] 4.  If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after [consultation with] notification to each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand. In addition, a recount by computer must be made of all the selected ballots. If the count by hand or the recount by computer of the selected ballots shows a discrepancy equal to or greater than 1 percent or 5 votes, whichever is greater, for [any candidate for the office,] the candidate demanding the recount or the candidate who won the election according to the original canvass of the returns, or in favor of or against a ballot question, [from] according to the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office [.] or ballot question. Otherwise, the county or city clerk shall order a recount by computer of all the ballots for all candidates for the office [.

    4.] or all the ballots for the ballot question.

    5.  The county or city clerk shall unseal and give to the recount board all ballots to be counted.

    [5.] 6.  In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.

    Sec. 19.  NRS 293.462 is hereby amended to read as follows:

    293.462  1.  Each container used to transport official ballots [to a central counting place] pursuant to NRS 293.304, 293.325, 293.3602, 293B.330 and 293B.335 must:

    [1.] (a) Be constructed of metal or any other rigid material; and

    [2.] (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

    2.  The container and seal must be separately numbered for identification.

    Sec. 20.  NRS 293B.360 is hereby amended to read as follows:

    293B.360  1.  To facilitate the processing and computation of votes cast at any election conducted under a mechanical voting system, the county clerk shall create a computer program and processing accuracy board, and may create:

    (a) A central ballot inspection board;

    (b) An absent ballot mailing precinct inspection board;

    (c) A ballot duplicating board;

    (d) A ballot processing and packaging board; and

    (e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.

    2.  [The] Except as otherwise provided in subsection 3, the county clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The members of each board must represent all political parties as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he is appointed.


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ê2001 Statutes of Nevada, Page 2034 (Chapter 412, SB 297)ê

 

than one board but must meet the particular qualifications for each board to which he is appointed.

    3.  If the county clerk creates a ballot duplicating board, the county clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party.

    4.  All persons appointed pursuant to this section serve at the pleasure of the county clerk.

    Sec. 21.  NRS 293B.375 is hereby amended to read as follows:

    293B.375  If ballots which are voted by punching a card are used, the ballot duplicating board shall:

    1.  Receive damaged ballots, including ballots which have been torn, bent or mutilated.

    2.  Receive cards with incompletely punched chips.

    3.  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

    4.  In the case of a card with an incompletely punched chip:

    (a) Remove the incompletely punched chip [;] if:

         (1) The chip has at least one corner that is detached from the card; or

         (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card; or

    (b) Duplicate the card without punching the location of the incompletely punched chip [, according to the county clerk’s determination of the probable intent of the voter.] if:

         (1) The chip does not have at least one corner that is detached from the card; and

         (2) The fibers of paper on no edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

    5.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

    6.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the county clerk.

    Sec. 22.  Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.

    Sec. 23.  1.  When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.

    2.  Except as otherwise provided in subsection 1, in an election in which a paper ballot is used whereby a vote is cast by placing a cross in the designated square on the paper ballot, a cross in the designated square must be counted as a vote.

    3.  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by punching a card:

    (a) A chip on the card must be counted as a vote if:

         (1) The chip has at least one corner that is detached from the card; or

         (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

    (b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.


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ê2001 Statutes of Nevada, Page 2035 (Chapter 412, SB 297)ê

 

    4.  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:

    (a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

    (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.

    5.  The secretary of state:

    (a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2, 3 or 4; and

    (b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this state that is not described in subsection 2, 3 or 4, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

    Sec. 24.  An error in the information included by a political party in a form to request an absent ballot does not constitute grounds for rejecting an absent ballot cast by the voter.

    Sec. 25.  NRS 293C.306 is hereby amended to read as follows:

    293C.306  1.  A person who, during the 6 months immediately preceding an election, [mails] distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

    (a) [Mail] Distribute the form prescribed by the secretary of state, which must, in 14-point type or larger:

         (1) Identify the person who is [mailing] distributing the form; and

         (2) Include a notice stating, “This is a request for an absent ballot.”; [and

         (3) State that by returning the form, the form will be submitted to the city clerk;]

    (b) Not later than 14 days before [mailing] distributing such a form, [notify] provide to the city clerk of each city to which a form will be [mailed] distributed written notification of the approximate number of forms to be [mailed] distributed to voters in the city and of the first date [of the mailing of] on which the forms [; and] will be distributed;

    (c) Not return or offer to return to the city clerk a form that was mailed to a registered voter pursuant to this subsection; and

    (d) Not mail such a form later than 21 days before the election.

    2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.

    Sec. 26.  NRS 293C.312 is hereby amended to read as follows:

    293C.312  1.  A registered voter referred to in NRS 293C.310 may, at any time before 5 p.m. on the [Tuesday] seventh calendar day preceding any election, make an application to the city clerk for an absent voter’s ballot. The application must be made available for public inspection.

    2.  When the voter has identified himself to the satisfaction of the city clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.

    3.  A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.


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ê2001 Statutes of Nevada, Page 2036 (Chapter 412, SB 297)ê

 

for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.

    Sec. 27.  NRS 293C.322 is hereby amended to read as follows:

    293C.322  1.  [If] Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or [telegram,] facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base : [, postage prepaid:]

    (a) Except as otherwise provided in paragraph (b):

         (1) An absent ballot;

         (2) A return envelope;

         (3) Supplies for marking the ballot;

         (4) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

         (5) Instructions.

    (b) In those cities using a mechanical voting system whereby a vote is cast by punching a card:

         (1) A card attached to a sheet of foam plastic or similar backing material;

         (2) A return envelope;

         (3) A punching instrument;

         (4) A sample ballot;

         (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

         (6) Instructions.

    2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter shall mail his absent ballot to the city clerk.

    3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

    [3.] 4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 [.

    4.] or 2.

    5.  Before depositing [the] a ballot with the United States Postal Service [,] or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, the number of the ballot and any remarks he finds appropriate.

    6.  The secretary of state shall adopt regulations to carry out the provisions of subsection 2.

    7.  As used in this section, “facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.


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ê2001 Statutes of Nevada, Page 2037 (Chapter 412, SB 297)ê

 

    Sec. 28.  NRS 293C.325 is hereby amended to read as follows:

    293C.325  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the city clerk through the mails, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that [ballot] container to the precinct or district election board.

    2.  If the city clerk has appointed an absent ballot central counting board, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. [On] At the end of each day before election day, the city clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the city clerk shall deliver the ballot box and, if applicable, each container to the absent ballot counting board to be counted.

    3.  If the city uses a mechanical voting system, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box [. On] or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day the city clerk shall deliver the ballot box and each container, if applicable, to the central counting place. If the city uses a mechanical voting system and the city clerk has appointed an absent ballot central counting board, the city clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the secretary of state.

    Sec. 29.  NRS 293C.330 is hereby amended to read as follows:

    293C.330  1.  [When] Except as otherwise provided in 293C.315 and subsection 2 of NRS 293C.322 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

    2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

    (a) The city clerk’s office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

    (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”


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ê2001 Statutes of Nevada, Page 2038 (Chapter 412, SB 297)ê

 

    3.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 30.  NRS 293C.332 is hereby amended to read as follows:

    293C.332  [1.]  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

    [(a)] 1.  The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; [and

    (b)] 2.  The signature on the back of the return envelope must be compared with that on the original application to register to vote [.

    2.] ;

    3.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box [.          3.] ; and

    4.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

    Sec. 31.  NRS 293C.3602 is hereby amended to read as follows:

    293C.3602  If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:

    1.  [The] Each voting day during that period, the ballots voted at the permanent or temporary polling place [must] may be removed from the ballot box and neatly stacked in a container that is sealed with a numbered seal after the ballots are stacked inside. The ballot box or sealed container must be delivered by an election board officer to the city clerk’s office at the close of each voting day. The seal on the ballot box or container must indicate the number of voted ballots contained in that box or container for that day.

    2.  When the ballot box or container is delivered pursuant to subsection 1, the city clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293C.359.

    3.  At the close of each voting day before the fourth voting day before the last day to vote early, the city clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the city clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

    (a) Each remaining ballot box [containing] and container that holds the ballots voted early by personal appearance;


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ê2001 Statutes of Nevada, Page 2039 (Chapter 412, SB 297)ê

 

    (b) A voting roster of all persons who voted early by personal appearance; and

    (c) Any list of registered voters used in conducting early voting.

    4.  Upon the receipt of ballots, the board shall:

    (a) Remove all ballots from the ballot boxes and containers and sort the ballots by precinct or voting district;

    (b) Count the number of ballots by precinct or voting district;

    (c) Account for all ballots on an official statement of ballots; and

    (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

    5.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to [subsection] subsections 1 and 4 if those me

    Sec. 32.  NRS 293C.3615 is hereby amended to read as follows:

    293C.3615  The city clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293C.295, 293C.325, 293C.3602, 293C.630 and 293C.635. The record must include the numbers indicated on the container and its seal pursuant to NRS [293.462.] 293C.700.

    Sec. 33.  NRS 293C.362 is hereby amended to read as follows:

    293C.362  When the polls are closed, the counting board shall prepare to count the ballots voted . [that day.] The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots or ballots that are voted by punching a card, the counting board shall prepare in the following manner:

    1.  The pollbooks must be compared and errors corrected until the books agree.

    2.  The container that holds the ballots, or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

    3.  If the ballots in the container or box are found to exceed the number of names on the pollbooks, the ballots must be replaced in the container or box and a counting board officer shall, with his back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.

    4.  When it has been determined that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.


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ê2001 Statutes of Nevada, Page 2040 (Chapter 412, SB 297)ê

 

number of ballots and the number of voters, a record of the discrepancy must be made.

    Sec. 34.  NRS 293C.367 is hereby amended to read as follows:

    293C.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

    2.  Regulations for counting ballots must include provisions that:

    (a) [A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.

    (b)] An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

    [(c) If more choices than allowed by the instructions are marked for any office or question, the vote for that office or question may not be counted.

    (d) If it is impossible to determine a voter’s choice for any office or question, his vote or votes for that office or question may not be counted.

    (e)] (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

    [(f)] (c) Only devices provided for in this chapter, chapter 293 or 293B of NRS may be used in marking ballots.

    [(g)] (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

    [(h)] (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

    [(i)] (f) In cities where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.

    Sec. 35.  NRS 293C.382 is hereby amended to read as follows:

    293C.382  1.  Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw the ballots [deposited in the absent voters’ ballot boxes] from each ballot box or container that holds absent ballots received before that day and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ record.

    2.  [Any absent ballots received by the city clerk after 8 a.m. on the day that the ballots are withdrawn must be held by him until the ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall deposit those absent ballots in the appropriate ballot boxes.

    3.]  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

    Sec. 36.  NRS 293C.385 is hereby amended to read as follows:

    293C.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day from [absent voters’ ballot boxes] and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ ballot record.


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ê2001 Statutes of Nevada, Page 2041 (Chapter 412, SB 297)ê

 

board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day from [absent voters’ ballot boxes] and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ ballot record.

    2.  If any absent ballots are received by the city clerk on election day pursuant to NRS 293C.317, the city clerk shall [hold the ballots until the ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the city clerk shall] deposit the absent ballots in the appropriate ballot boxes [.] or containers.

    3.  After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

    4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card that is counted by a computer, the absent ballots may be counted with the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The city clerks shall develop a procedure to ensure that each ballot is kept secret.

    5.  Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.

    Sec. 37.  NRS 293C.640 is hereby amended to read as follows:

    293C.640  1.  To facilitate the processing and computation of votes cast at an election conducted under a mechanical voting system, the city clerk shall create a computer program and processing accuracy board, and may create:

    (a) A central ballot inspection board;

    (b) An absent ballot mailing precinct inspection board;

    (c) A ballot duplicating board;

    (d) A ballot processing and packaging board; and

    (e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.

    2.  [The] Except as otherwise provided in subsection 3, the city clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The same person may be appointed to more than one board but must meet the qualifications for each board to which he is appointed.

    3.  If the city clerk creates a ballot duplicating board, the city clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party.

    4.  All persons appointed pursuant to this section serve at the pleasure of the city clerk.

    Sec. 38.  NRS 293C.655 is hereby amended to read as follows:

    293C.655  If ballots that are voted by punching a card are used, the ballot duplicating board shall:

    1.  Receive damaged ballots, including ballots that have been torn, bent or mutilated.

    2.  Receive cards with incompletely punched chips.

    3.  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.


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ê2001 Statutes of Nevada, Page 2042 (Chapter 412, SB 297)ê

 

    4.  In the case of a card with an incompletely punched chip:

    (a) Remove the incompletely punched chip [;] if:

         (1) The chip has at least one corner that is detached from the card; or

         (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card; or

    (b) Duplicate the card without punching the location of the incompletely punched chip [, according to the city clerk’s determination of the probable intent of the voter.] if:

         (1) The chip does not have at least one corner that is detached from the card; and

         (2) The fibers of paper on no edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

    5.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

    6.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the city clerk.

    Sec. 39.  NRS 293C.700 is hereby amended to read as follows:

    293C.700  1.  Each container used to transport official ballots [to a central counting place] pursuant to NRS 293C.295, 293C.325, 293C.3602, 293C.630 and 293C.635 must:

    [1.] (a) Be constructed of metal or any other rigid material; and

    [2.] (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

    2.  The container and seal must be separately numbered for identification.

________

 

CHAPTER 413, SB 299

Senate Bill No. 299–Committee on Government Affairs

 

CHAPTER 413

 

AN ACT relating to the Airport Authority of Washoe County; increasing the number of trustees on the board of trustees of the Airport Authority of Washoe County; requiring the County Fair and Recreation Board of Washoe County to appoint a trustee who represents consumers of services provided at the airport; requiring an appointing authority to appoint persons who have certain qualifications to serve on the board of trustees of the Airport Authority of Washoe County; prohibiting a member of the board from serving more than two terms; limiting the ability of an appointing authority to remove a member of 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.  Section 5 of chapter 474, Statute of Nevada 1977, as last amended by chapter 83, Statutes of Nevada 1981, at page 181, is hereby amended to read as follows:

    Sec. 5.  1.  The authority shall be directed and governed by a board of trustees composed of [eight persons who serve at the pleasure of the appointing authority in each case.] nine persons.

    2.  The City of Reno shall be represented on the board by four members, the City of Sparks by two members and Washoe County by two members, appointed as specified in this section.


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ê2001 Statutes of Nevada, Page 2043 (Chapter 413, SB 299)ê

 

two members, appointed as specified in this section. The terms of all trustees appointed by the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County pursuant to this section prior to its amendment expire on July 1, 1981. On July 1, 1981:

    (a) The city council of the City of Reno shall appoint four trustees, two for terms of 2 years and two for terms of 4 years. Subsequent appointments shall be made for terms of 4 years.

    (b) The city council of the City of Sparks shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments shall be made for a term of 4 years.

    (c) The board of county commissioners of Washoe County shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments shall be made for terms of 4 years.

    3.  In addition to the members appointed pursuant to subsection 2, on July 1, 2001, the County Fair and Recreation Board of Washoe County shall appoint one trustee who represents consumers of services provided at the airport for a term of 4 years. Subsequent appointments shall be made for terms of 4 years.

    4.  Each appointing authority:

    (a) Other than the County Fair and Recreation Board of Washoe County, shall appoint a person to serve on the board only if the appointing authority determines that the person:

         (1) Has experience in the aviation, business or tourism industry;

         (2) Has experience in finance or accounting; or

         (3) Possesses such other qualifications that the appointing authority determines are necessary or appropriate for carrying out the duties of the board; and

    (b) May remove a member of the board which it appointed only if the appointing authority determines that the member willfully neglected or refused to perform an official duty of the board. An appointing authority shall not remove a member for exercising his independent judgment.

    5.  A member of the board of trustees shall not serve for more than two terms.

    6.  The position of a member of the board of trustees shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

    Sec. 2.  Section 7 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 737, Statutes of Nevada 1989, at page 1724, is hereby amended to read as follows:

    Sec. 7.  1.  The board shall choose one of its members as chairman and one of its members as vice chairman, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person. The terms of the officers expire on July 1 of each year.

    2.  Chairmen must be selected from trustees appointed by the participating local governments in the following order:

    (a) The City of Reno;

    (b) The City of Sparks; [and]

    (c) Washoe County [.] ; and


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ê2001 Statutes of Nevada, Page 2044 (Chapter 413, SB 299)ê

 

    (d) The County Fair and Recreation Board of Washoe County.

    3.  The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records must be open to the inspection of all interested persons, at all reasonable times and places.

    4.  The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the authority. He shall file with the county clerk, at authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.

    Sec. 3.  Notwithstanding the amendatory provisions of section 1 of this act, the members of the board of trustees of the Airport Authority of Washoe County currently serving on the board on the effective date of this act may continue to serve on the board to the end of their respective terms.

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

________

 

CHAPTER 414, SB 330

Senate Bill No. 330–Senator Shaffer

 

CHAPTER 414

 

AN ACT relating to financial businesses; authorizing certain mortgage companies and lending businesses to be licensed to conduct business in this state from locations outside this state under certain circumstances; establishing certain procedures for a mortgage company to notify the commissioner of financial institutions of a change of address of its licensed place of business; including check-cashing and deferred deposit services in the definition of “financial institution” for purposes of the investigative account for financial institutions; requiring the commissioner of financial institutions to charge a fee for certain services; changing the procedures for a lending business to notify the commissioner of financial institutions of a change of address of its licensed place of business; authorizing the commissioner of financial institutions to impose a fine on a mortgage company or lending business for failing to notify the commissioner of a proposed change of address; removing the requirement that the commissioner of financial institutions notify lending businesses of his receipt of an application for licensure of a lending business; authorizing a credit union to exercise authority and perform acts that a federal credit union may exercise or perform under certain circumstances; providing a penalty; 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 645E of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A licensee who wishes to change the address of an office or other place of business for which he has a license pursuant to this chapter must, at least 10 days before changing the address, give written notice of the proposed change to the commissioner.

    2.  Upon receipt of the proposed change of address pursuant to subsection 1, the commissioner shall provide written approval of the change and the date of the approval.


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ê2001 Statutes of Nevada, Page 2045 (Chapter 414, SB 330)ê

 

    3.  If a licensee fails to provide notice as required pursuant to subsection 1, the commissioner may impose an administrative fine in an amount not to exceed $500.

    Sec. 2.  NRS 645E.200 is hereby amended to read as follows:

    645E.200  1.  A person who wishes to be licensed as a mortgage company must file a written application for a license with the office of the commissioner and pay the fee required pursuant to NRS 645E.280. An application for a license as a mortgage company must:

    (a) Be verified.

    (b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage company will conduct business [within] in this state [.] , including, without limitation, any office or other place of business located outside this state from which the mortgage company will conduct business in this state.

    (c) State the name under which the applicant will conduct business as a mortgage company.

    (d) If the applicant is not a natural person, list the name, residence address and business address of each person who will have an interest in the mortgage company as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

    (e) Indicate the general plan and character of the business.

    (f) State the length of time the applicant has been engaged in the business of a mortgage company.

    (g) Include a financial statement of the applicant.

    (h) Include any other information required pursuant to the regulations adopted by the commissioner or an order of the commissioner.

    2.  If a mortgage company will conduct business in this state at one or more branch offices , [within this state,] the mortgage company must apply for a license for each such branch office.

    3.  Except as otherwise provided in this chapter, the commissioner shall issue a license to an applicant as a mortgage company if:

    (a) The application complies with the requirements of this chapter; and

    (b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

         (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.

         (2) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

         (3) Has not made a false statement of material fact on his application.

         (4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645B of NRS suspended or revoked within the 10 years immediately preceding the date of his application.

         (5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.

         (6) Has not violated any provision of this chapter or chapter 645B of NRS, a regulation adopted pursuant thereto or an order of the commissioner.


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ê2001 Statutes of Nevada, Page 2046 (Chapter 414, SB 330)ê

 

    4.  If an applicant is a partnership, corporation or unincorporated association, the commissioner may refuse to issue a license to the applicant if any member of the partnership or any officer or director of the corporation or unincorporated association has committed any act or omission that would be cause for refusing to issue a license to a natural person.

    5.  A person may apply for a license for an office or other place of business located outside this state from which the applicant will conduct business in this state if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this state and if the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:

    (a) Make available at a location within this state the books, accounts, papers, records and files of the office or place of business located outside this state to the commissioner or a representative of the commissioner; or

    (b) Pay the reasonable expenses for travel, meals and lodging of the commissioner or a representative of the commissioner incurred during any investigation or examination made at the office or place of business located outside this state.

The applicant must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

    Sec. 3.  NRS 645E.350 is hereby amended to read as follows:

    645E.350  1.  Each mortgage company shall keep and maintain at all times at each location where the mortgage company conducts business in this state complete and suitable records of all mortgage transactions made by the mortgage company at that location. Each mortgage company shall also keep and maintain at all times at each such location all original books, papers and data, or copies thereof, clearly reflecting the financial condition of the business of the mortgage company.

    2.  Each mortgage company shall submit to the commissioner each month a report of the mortgage company’s activity for the previous month. The report must:

    (a) Specify the volume of loans made by the mortgage company for the month or state that no loans were made in that month;

    (b) Include any information required pursuant to the regulations adopted by the commissioner; and

    (c) Be submitted to the commissioner by the 15th day of the month following the month for which the report is made.

    3.  The commissioner may adopt regulations prescribing accounting procedures for mortgage companies handling trust accounts and the requirements for keeping records relating to such accounts.

    4.  A licensee who operates outside this state an office or other place of business which is licensed pursuant to this chapter shall:

    (a) Make available at a location within this state the books, accounts, papers, records and files of the office or place of business located outside this state to the commissioner or a representative of the commissioner; or

    (b) Pay the reasonable expenses for travel, meals and lodging of the commissioner or a representative of the commissioner incurred during any investigation or examination made at the office or place of business located outside this state.

The licensee must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.


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ê2001 Statutes of Nevada, Page 2047 (Chapter 414, SB 330)ê

 

    Sec. 4.  NRS 232.545 is hereby amended to read as follows:

    232.545  1.  An investigative account for financial institutions is hereby created in the state general fund. The account consists of money which is:

    (a) Received by the department of business and industry in connection with the licensing of financial institutions and the investigation of persons associated with those institutions; and

    (b) Required by law to be placed therein.

    2.  The director of the department of business and industry or his designee may authorize expenditures from the investigative account to pay the expenses incurred:

    (a) In investigating applications for licensing of financial institutions and in investigating persons associated with those institutions;

    (b) In conducting special investigations relating to financial institutions and persons associated with those institutions; and

    (c) In connection with mergers, consolidations, conversions, receiverships and liquidations of financial institutions.

    3.  As used in this section, “financial institution” means an institution for which licensing or registration is required by the provisions of Titles 55 and 56 and chapters 604, 645B, 645E and 649 of NRS.

    Sec. 5.  Chapter 604 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The commissioner shall charge and collect from each registrant a fee of $40 per hour for any supervision, examination, audit, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant to this chapter.

    2.  The commissioner shall bill each registrant upon the completion of the activity for the fee established pursuant to subsection 1. The fee must be paid within 30 days after the date the bill is received. Except as otherwise provided in this subsection, any payment received after the date due must include a penalty of 10 percent of the fee plus an additional 1 percent of the fee for each month, or portion of a month, that the fee is not paid. The commissioner may waive the penalty for good cause.

    3.  The failure of a registrant to pay the fee required pursuant to subsection 1 as provided in this section constitutes grounds for revocation of the certificate of registration of the registrant.

    Sec. 6.  NRS 675.060 is hereby amended to read as follows:

    675.060  1.  No person may engage in the business of lending in this state without first having obtained a license from the commissioner [.] for each office or other place of business at which the person engages in such business.

    2.  For the purpose of this section, a person engages in the business of lending in this state if he:

    (a) Solicits loans in this state or makes loans to persons in this state, unless these are isolated, incidental or occasional transactions; or

    (b) Is located in this state and solicits loans outside of this state or makes loans to persons located outside of this state, unless these are isolated, incidental or occasional transactions.

    Sec. 7.  NRS 675.090 is hereby amended to read as follows:

    675.090  1.  Application for a license must be in writing, under oath, and in the form prescribed by the commissioner.

    2.  The application must:


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ê2001 Statutes of Nevada, Page 2048 (Chapter 414, SB 330)ê

 

    (a) [Give the general location where the business is to be conducted.] Provide the address of the office or other place of business for which the application is submitted.

    (b) Contain such further relevant information as the commissioner may require, including the names and addresses of the partners, officers, directors or trustees, and of such of the principal owners or members as will provide the basis for the investigations and findings contemplated by NRS 675.110 and 675.120.

    3.  A person may apply for a license for an office or other place of business located outside this state from which the applicant will conduct business in this state if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this state and if the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:

    (a) Make available at a location within this state the books, accounts, papers, records and files of the office or place of business located outside this state to the commissioner or a representative of the commissioner; or

    (b) Pay the reasonable expenses for travel, meals and lodging of the commissioner or a representative of the commissioner incurred during any investigation or examination made at the office or place of business located outside this state.

The person must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

    Sec. 8.  NRS 675.110 is hereby amended to read as follows:

    675.110  1.  Upon the filing of the application and the payment of the fees, the commissioner shall investigate the facts concerning the application and the requirements provided for in NRS 675.120.

    2.  [At least 20 days before entering the order granting or denying the application, he shall mail a notice of the receipt of the application to each licensee having a place of business in the community where the applicant proposes to do business and he may mail such a notice to such other persons, associations and institutions as he may see fit.

    3.]  The commissioner may hold a hearing on the application at a time not less than 30 days [from] after the date the application was filed nor more than 60 days [from] after that date. The hearing must be held in the office of the commissioner or such other place as he may designate. Notice in writing of the hearing must be sent to the applicant and to any licensee to which a notice of the application had been given and to such other persons as the commissioner may see fit, at least 10 days before the date set for the hearing.

    [4.] 3.  The commissioner shall make his order granting or denying the application within 10 days [from] after the date of the closing of the hearing, unless the period is extended by written agreement between the applicant and the commissioner.

    Sec. 9.  NRS 675.120 is hereby amended to read as follows:

    675.120  If the commissioner finds:

    1.  That the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter; and


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ê2001 Statutes of Nevada, Page 2049 (Chapter 414, SB 330)ê

 

    2.  [That allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located; and

    3.]  That the applicant, unless he will function solely as a loan broker, has available for the operation of the business at the specified location liquid assets of at least $50,000,

he shall thereupon enter an order granting the application, and file his findings of fact together with the transcript of any hearing held under this chapter, and forthwith issue and deliver a license to the applicant.

    Sec. 10.  NRS 675.220 is hereby amended to read as follows:

    675.220  1.  [No change in the place of business of a licensee to a location outside of the original city or town may be permitted under the same license.

    2.  When a] A licensee who wishes to change [his] the address of an office or other place of business [within the same city or town, he shall] for which he has a license pursuant to this chapter must, at least 10 days before changing the address, give written notice [thereof] of the proposed change to the commissioner . [, who shall investigate the facts. If the commissioner finds:

    (a) That allowing the licensee to engage in business in the proposed location is not detrimental to the convenience and advantage of the community; and

    (b) That the proposed location is reasonably accessible to borrowers under existing loan contracts,

he shall enter an order permitting the change and shall amend the license accordingly.

    3.  If the commissioner does not so find he shall enter an order denying the licensee such permission in the manner specified in and subject to the provisions of NRS 675.150.]

    2.  Upon receipt of the proposed change of address pursuant to subsection 1, the commissioner shall provide written approval of the change and the date of the approval.

    3.  If a licensee fails to provide notice as required pursuant to subsection 1, the commissioner may impose a fine in an amount not to exceed $500.

    Sec. 11.  NRS 675.250 is hereby amended to read as follows:

    675.250  1.  Each licensee shall keep and use in his business such books and accounting records as are in accord with sound and accepted accounting practices.

    2.  Each licensee shall maintain a separate record or ledger card for the account of each borrower and shall set forth separately the amount of cash advance and the total amount of interest and charges , [;] but such a record may set forth precomputed declining balances based on the scheduled payments, without a separation of principal and charges.

    3.  Each licensee shall preserve all such books and accounting records for at least 2 years after making the final entry therein.

    4.  Each licensee who operates outside this state an office or other place of business that is licensed pursuant to this chapter shall:

    (a) Make available at a location within this state the books, accounts, papers, records and files of the office or place of business located outside this state to the commissioner or a representative of the commissioner; or


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ê2001 Statutes of Nevada, Page 2050 (Chapter 414, SB 330)ê

 

    (b) Pay the reasonable expenses for travel, meals and lodging of the commissioner or a representative of the commissioner incurred during any investigation or examination made at the office or place of business located outside this state.

The licensee must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

    Sec. 12.  NRS 678.460 is hereby amended to read as follows:

    678.460  Every credit union organized under the provisions of this chapter [has] :

    1.  Has all the powers granted by NRS 81.500 that are not inconsistent with the provisions of this chapter and in addition thereto, the powers enumerated in NRS 678.470 to 678.500, inclusive [.] ; and

    2.  May exercise any authority and perform all acts that a federal credit union may exercise or perform, with the consent and written approval of the commissioner. The commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for federal credit unions has been or is eliminated or modified.

________

 

CHAPTER 415, SB 412

Senate Bill No. 412–Committee on Judiciary

 

CHAPTER 415

 

AN ACT relating to offenders; revising the provisions pertaining to the registration of certain offenders; revising the provisions pertaining to community notification regarding sex offenders; revising the provisions pertaining to the conditions of probation and parole of sex offenders; revising the provisions governing criminal liability for certain offenders who fail to register or fail to notify certain agencies of a change of address; revising various provisions governing community notification of juvenile sex offenders; revising various provisions governing attendance of juvenile sex offenders at the same public school or private school as their victims; 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 176.0926 is hereby amended to read as follows:

    176.0926  1.  If a defendant is convicted of a crime against a child, the court shall, before imposing sentence:

    (a) Notify the [division] central repository of the conviction of the defendant, so the [division and the] central repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.230.

    (b) Inform the defendant of the requirements for registration, including, but not limited to:

         (1) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.240;

         (2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;


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ê2001 Statutes of Nevada, Page 2051 (Chapter 415, SB 412)ê

 

         (3) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; and

         (4) The duty to notify the [division,] local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker.

    (c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.

    2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.

    Sec. 2.  NRS 176.0927 is hereby amended to read as follows:

    176.0927  1.  If a defendant is convicted of a sexual offense, the court shall, before imposing sentence:

    (a) Notify the [division] central repository of the conviction of the defendant, so the [division and the] central repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.

    (b) Inform the defendant of the requirements for registration, including, but not limited to:

         (1) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;

         (2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

         (3) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; and

         (4) The duty to notify the [division,] local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker.

    (c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.

    2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.

    Sec. 3.  NRS 176A.410 is hereby amended to read as follows:

    176A.410  1.  Except as otherwise provided in subsection [2,] 3, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:


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ê2001 Statutes of Nevada, Page 2052 (Chapter 415, SB 412)ê

 

    (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the defendant;

    (b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the defendant;

    (c) Abide by any curfew imposed by the parole and probation officer assigned to the defendant;

    (d) Participate in and complete a program of professional counseling approved by the division;

    (e) Submit to periodic tests , as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance [and submit] ;

    (f) Submit to periodic [polygraphic] polygraph examinations, as requested by the parole and probation officer assigned to the defendant;

    [(f)] (g) Abstain from consuming , possessing or having under his control any alcohol;

    [(g)] (h) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant [;

    (h)] , unless approved by the parole and probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2;

    (i) Not use aliases or fictitious names;

    [(i)] (j) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant;

    [(j)] (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present [; and

    (k) Not] and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact;

    (l) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not be in or near:

         (1) A playground, park, school or school grounds;

         (2) A motion picture theater; or

         (3) A business that primarily has children as customers or conducts events that primarily children attend.

    (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

    (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant;

    (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant; and

    (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant.


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ê2001 Statutes of Nevada, Page 2053 (Chapter 415, SB 412)ê

 

    2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

    (a) The victim or the witness;

    (b) The defendant;

    (c) The parole and probation officer assigned to the defendant;

    (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and

    (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

    3.  The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

    [3.] 4.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.410.

    Sec. 4.  NRS 179D.230 is hereby amended to read as follows:

    179D.230  1.  If the [division] central repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child, the [division] central repository shall:

    (a) If a record of registration has not previously been established for the offender [by the division, establish a record of registration for the offender and forward the record of registration to the central repository;] , notify the local law enforcement agency so that a record of registration may be established; or

    (b) If a record of registration has previously been established for the offender , [by the division,] update the record of registration for the offender and [forward the record of registration to the central repository.] notify the appropriate local law enforcement agency.

    2.  If the offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the central repository shall immediately provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender resides in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

    3.  If [the offender named in the notice] an offender is incarcerated or confined [,] and has previously been convicted of a crime against a child, before the offender is released:

    (a) The [division] department of prisons or a local law enforcement agency in whose facility the offender is incarcerated or confined shall:

         (1) Inform the offender of the requirements for registration, including, but not limited to:

             (I) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.240;

             (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;


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ê2001 Statutes of Nevada, Page 2054 (Chapter 415, SB 412)ê

 

             (III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; and

             (IV) The duty to notify the [division,] local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he most recently resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

         (2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him [; and

         (3)] and to forward the form to the central repository.

    (b) The central repository shall:

         (1) Update the record of registration for the offender [and forward the record of registration to the central repository; and

    (b) The central repository shall provide] ; and

         (2) Provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender will reside upon release in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

    4.  [If requested by the division, the department of prisons or a local law enforcement agency in whose facility the offender is incarcerated shall provide the offender with the information and the confirmation form required by paragraph (a) of subsection 3.

    5.] The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.

    [6.] 5.  If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing or is a student or worker within this state [:

    (a) The central repository shall immediately] , the central repository shall:

    (a) Immediately provide notification concerning the offender to [the division and to] the appropriate local law enforcement agencies; and

    (b) [The division shall establish] Establish a record of registration for the offender [and forward the record of registration to the central repository.] with the assistance of the local law enforcement agency.

    Sec. 5.  NRS 179D.240 is hereby amended to read as follows:

    179D.240  1.  In addition to any other registration that is required pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency [and with the division] pursuant to the provisions of this section.

    2.  Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:

    (a) A county; or

    (b) An incorporated city that does not have a city police department,

the offender shall be deemed a resident offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.


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ê2001 Statutes of Nevada, Page 2055 (Chapter 415, SB 412)ê

 

department, not later than 48 hours after arriving or establishing a residence within the county or the city.

    3.  If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall be deemed a resident offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

    4.  If the offender is a nonresident offender who is a student or worker within this state, the offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this state.

    5.  To register with a local law enforcement agency pursuant to this section, the offender shall:

    (a) Appear personally at the office of the appropriate local law enforcement agency;

    (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

    (c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.

    6.  When an offender registers, the local law enforcement agency shall:

    (a) Inform the offender of the duty to [register and the time within which the offender is required to register with the division if he has not previously done so;] notify the local law enforcement agency if the offender changes the address at which he resides or changes the primary address at which he is a student or worker; and

    (b) Inform the offender of the duty to [notify the division if the offender changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

    (c) Provide the offender with the appropriate address of the office of the division at which the offender must register and provide notification of each such change of address.] register with the local law enforcement agency in whose jurisdiction the offender relocates.

    7.  After the offender registers with the local law enforcement agency [:

    (a) The local law enforcement agency shall notify the division of the registration.

    (b) If the offender has not previously registered with the division, the offender shall, not later than 48 hours after registering with the local law enforcement agency:

         (1) Appear personally at the appropriate office of the division;

         (2) Provide all information that is requested by the division, including, but not limited to, fingerprints and a photograph; and

         (3) Sign and date the record of registration in the presence of an officer or employee of the division.] , the local law enforcement agency shall forward to the central repository the information collected, including the fingerprints and a photograph, of the offender.

    8.  If the [division] central repository has not previously established a record of registration for an offender described in subsection 7 [:

    (a) The division shall establish] , the central repository shall:

    (a) Establish a record of registration for the offender; and [forward the record of registration to the central repository; and


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ê2001 Statutes of Nevada, Page 2056 (Chapter 415, SB 412)ê

 

    (b) The central repository shall provide]

    (b) Provide notification concerning the offender to the appropriate local law enforcement agencies.

    Sec. 6.  NRS 179D.250 is hereby amended to read as follows:

    179D.250  1.  If an offender convicted of a crime against a child changes the address at which he resides, including moving from this state to another jurisdiction, or changes the primary address at which he is a student or worker, not later than 48 hours after changing such an address, the offender shall provide the new address, in [writing,] person, to the [division] local law enforcement agency in whose jurisdiction he now resides and, in person or in writing, to the local law enforcement agency in whose jurisdiction he formerly resided and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

    2.  Upon receiving a change of address from an offender, the [division] local law enforcement agency shall immediately forward the new address and any updated information to the central repository and:

    (a) If the offender has changed an address within this state, the central repository shall immediately provide notification concerning the offender to the appropriate local law enforcement agency in whose jurisdiction the offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the offender last resided or was a student or worker; or

    (b) If the offender has changed an address from this state to another jurisdiction, the central repository shall immediately provide notification concerning the offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the offender last resided or was a student or worker.

    Sec. 7.  NRS 179D.260 is hereby amended to read as follows:

    179D.260  1.  Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the [division] central repository establishes a record of registration for the offender, the central repository shall mail to the offender, at the address last registered by the offender, a nonforwardable verification form. The offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

    2.  An offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to [the division and to] the appropriate local law enforcement agencies.

    3.  If the central repository does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the central repository shall immediately notify [the division and] the appropriate local law enforcement agencies.


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ê2001 Statutes of Nevada, Page 2057 (Chapter 415, SB 412)ê

 

    4.  The central repository is not required to complete the mailing pursuant to subsection 1:

    (a) During any period in which an offender is incarcerated or confined or has changed his place of residence from this state to another jurisdiction; or

    (b) For a nonresident offender who is a student or worker within this state.

    Sec. 8.  NRS 179D.270 is hereby amended to read as follows:

    179D.270  1.  An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this state or is a nonresident offender who is a student or worker within this state, unless the duty of the offender to register is terminated pursuant to the provisions of this section.

    2.  Except as otherwise provided in subsection 5, if an offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the [division] central repository establishes a record of registration for the offender or the date that the offender is released, whichever occurs later.

    3.  If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.

    4.  If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.

    5.  An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:

    (a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931 as a sex offender;

    (b) Has been declared to be a sexually violent predator, as defined in NRS 179D.430; or

    (c) Has been convicted of:

         (1) One or more sexually violent offenses, as defined in NRS 179D.420;

         (2) Two or more sexual offenses, as defined in NRS 179D.410, against persons less than 18 years of age;

         (3) Two or more crimes against a child; or

         (4) At least one of each offense listed in subparagraphs (2) and (3).

    Sec. 9.  NRS 179D.290 is hereby amended to read as follows:

    179D.290  An offender convicted of a crime against a child who:

    1.  Fails to register with a local law enforcement agency ; [or with the division;]

    2.  Fails to notify the [division] local law enforcement agency of a change of address;

    3.  Provides false or misleading information to [the division,] the central repository or a local law enforcement agency; or


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ê2001 Statutes of Nevada, Page 2058 (Chapter 415, SB 412)ê

 

    4.  Otherwise violates the provisions of NRS 179D.200 to 179D.290, inclusive,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    Sec. 10.  NRS 179D.450 is hereby amended to read as follows:

    179D.450  1.  If the [division] central repository receives notice from a court pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to be an adult sex offender, the [division] central repository shall:

    (a) If a record of registration has not previously been established for the sex offender [by the division, establish a record of registration for the sex offender and forward the record of registration to the central repository;] , notify the local law enforcement agency so that a record of registration may be established; or

    (b) If a record of registration has previously been established for the sex [offender by the division,] update the record of registration for the sex offender and [forward the record of registration to the central repository.] notify the appropriate local law enforcement agencies.

    2.  If the sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to NRS 62.590 and is not otherwise incarcerated or confined:

    (a) The central repository shall immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender resides in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction; and

    (b) If the sex offender is subject to community notification, the [division] central repository shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.

    3.  If [the] a sex offender [named in the notice] is incarcerated or confined [,] and has previously been convicted of a sexual offense as described in NRS 179D.410, before the sex offender is released:

    (a) The [division] department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated or confined shall:

         (1) Inform the sex offender of the requirements for registration, including, but not limited to:

             (I) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;

             (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

             (III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; and

             (IV) The duty to notify the [division,] local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and


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ê2001 Statutes of Nevada, Page 2059 (Chapter 415, SB 412)ê

 

address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

         (2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him [;

         (3)] and to forward the form to the central repository.

    (b) The central repository shall:

         (1) Update the record of registration for the sex offender [and forward the record of registration to the central repository; and

         (4)] ;

         (2) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive; and

    [(b) The central repository shall provide]

         (3) Provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender will reside upon release in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

    4.  [If requested by the division, the department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated shall provide the sex offender with the information and the confirmation form required by paragraph (a) of subsection 3.

    5.] The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.

    [6.] 5.  If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing or is a student or worker within this state [:

    (a) The] the central repository shall [immediately] :

    (a) Immediately provide notification concerning the sex offender to [the division and to] the appropriate local law enforcement agencies;

    (b) [The division shall establish] Establish a record of registration for the sex offender ; [and forward the record of registration to the central repository;] and

    (c) If the sex offender is subject to community notification, [the division shall] arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.

    Sec. 11.  NRS 179D.460 is hereby amended to read as follows:

    179D.460  1.  In addition to any other registration that is required pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency [and with the division] pursuant to the provisions of this section.

    2.  Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:

    (a) A county; or

    (b) An incorporated city that does not have a city police department, the sex offender shall be deemed a resident sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.


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the sex offender shall be deemed a resident sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

    3.  If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall be deemed a resident sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

    4.  If the sex offender is a nonresident sex offender who is a student or worker within this state, the sex offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this state.

    5.  To register with a local law enforcement agency pursuant to this section, the sex offender shall:

    (a) Appear personally at the office of the appropriate local law enforcement agency;

    (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

    (c) Sign and date the record of registration or some other proof of registration of the local law enforcement agency in the presence of an officer of the local law enforcement agency.

    6.  When a sex offender registers, the local law enforcement agency shall:

    (a) Inform the sex offender of the duty to [register and the time within which the sex offender is required to register with the division if he has not previously done so;] notify the local law enforcement agency if the sex offender changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

    (b) Inform the sex offender of the duty to [notify the division if the sex offender changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

    (c) Provide the sex offender with the appropriate address of the office of the division at which the sex offender must register and provide notification of each such change of address.] register with the local law enforcement agency in whose jurisdiction the sex offender relocates.

    7.  After the sex offender registers with the local law enforcement agency [:

    (a) The local law enforcement agency shall notify the division of the registration.

    (b) If the sex offender has not previously registered with the division, the sex offender shall, not later than 48 hours after registering with the local law enforcement agency:

         (1) Appear personally at the appropriate office of the division;

         (2) Provide all information that is requested by the division, including, but not limited to, fingerprints and a photograph; and

         (3) Sign and date the record of registration in the presence of an officer or employee of the division.] , the local law enforcement agency shall forward to the central repository the information collected, including the fingerprints and a photograph, of the sex offender.


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ê2001 Statutes of Nevada, Page 2061 (Chapter 415, SB 412)ê

 

forward to the central repository the information collected, including the fingerprints and a photograph, of the sex offender.

    8.  If the [division] central repository has not previously established a record of registration for a sex offender described in subsection 7 [:

    (a) The division shall establish] , the central repository shall:

    (a) Establish a record of registration for the sex offender [and forward the record of registration to the central repository;

    (b) The central repository shall provide] ;

    (b) Provide notification concerning the sex offender to the appropriate local law enforcement agencies; and

    (c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, [the division shall] arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to NRS 179D.600 to 179D.800, inclusive.

    Sec. 12.  NRS 179D.470 is hereby amended to read as follows:

    179D.470  1.  If a sex offender changes the address at which he resides, including moving from this state to another jurisdiction, or changes the primary address at which he is a student or worker, not later than 48 hours after changing such an address, the sex offender shall provide the new address, in [writing,] person, to the [division] local law enforcement agency in whose jurisdiction he now resides and, in person or in writing, to the local law enforcement agency in whose jurisdiction he formerly resided and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

    2.  Upon receiving a change of address from a sex offender, the [division] local law enforcement agency shall immediately forward the new address and any updated information to the central repository and:

    (a) If the sex offender has changed an address within this state, the central repository shall immediately provide notification concerning the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided or was a student or worker; or

    (b) If the sex offender has changed an address from this state to another jurisdiction, the central repository shall immediately provide notification concerning the sex offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided or was a student or worker.

    Sec. 13.  NRS 179D.480 is hereby amended to read as follows:

    179D.480  1.  Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the [division] central repository establishes a record of registration for the sex offender, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.


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    2.  Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the [division] central repository establishes a record of registration for the sex offender, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

    3.  A sex offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the [division and to the] appropriate local law enforcement agencies.

    4.  If the central repository does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the central repository shall immediately notify the [division and the] appropriate local law enforcement agencies.

    5.  The central repository is not required to complete the mailing pursuant to subsection 1 or 2:

    (a) During any period in which a sex offender is incarcerated or confined or has changed his place of residence from this state to another jurisdiction; or

    (b) For a nonresident sex offender who is a student or worker within this state.

    Sec. 14.  NRS 179D.490 is hereby amended to read as follows:

    179D.490  1.  A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state or is a nonresident sex offender who is a student or worker within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.

    2.  Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident sex offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the [division] central repository establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.

    3.  If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.

    4.  If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.


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ê2001 Statutes of Nevada, Page 2063 (Chapter 415, SB 412)ê

 

the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.

    5.  A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:

    (a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931;

    (b) Has been declared to be a sexually violent predator; or

    (c) Has been convicted of:

         (1) One or more sexually violent offenses;

         (2) Two or more sexual offenses against persons less than 18 years of age;

         (3) Two or more crimes against a child, as defined in NRS 179D.210; or

         (4) At least one of each offense listed in subparagraphs (2) and (3).

    Sec. 15.  NRS 179D.550 is hereby amended to read as follows:

    179D.550  A sex offender who:

    1.  Fails to register with a local law enforcement agency ; [or with the division;]

    2.  Fails to notify the [division] local law enforcement agency of a change of address;

    3.  Provides false or misleading information to the [division, the] central repository or a local law enforcement agency; or

    4.  Otherwise violates the provisions of NRS 179D.350 to 179D.550, inclusive,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    Sec. 16.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 21, inclusive, of this act.

    Sec. 17.  1.  If a child is adjudicated delinquent for an act that, if committed by an adult, would constitute kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the act was sexually motivated.

    2.  At the hearing, only evidence concerning the question of whether the act was sexually motivated may be presented.

    3.  After hearing the evidence, the court shall determine whether the act was sexually motivated and shall enter its finding in the record.

    4.  For the purposes of this section, an act is “sexually motivated” if one of the purposes for which the child committed the act was his sexual gratification.

    Sec. 18.  “Sexually motivated act” means an act that is determined to be sexually motivated pursuant to section 17 of this act.

    Sec. 19.  1.  A probation officer assigned to a child who is subject to the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act may submit a petition to the court requesting that the court terminate the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child if:

    (a) At the time the child committed the sexual offense or the sexually motivated act for which the child was adjudicated delinquent, the child and the victim of the sexual offense or sexually motivated act committed by the child were members of the same family or household;


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ê2001 Statutes of Nevada, Page 2064 (Chapter 415, SB 412)ê

 

    (b) The child has complied with the terms and conditions of his probation, including, without limitation, the completion of any counseling in which the child was ordered to participate;

    (c) The child’s counselor recommends, in writing, that the court terminate the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child to allow the reunification of the family or household; and

    (d) The victim and the parents or guardians of the victim consent, in writing, to the termination of the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child to allow the reunification of the family or household.

    2.  If the court grants a petition requested pursuant to this section, the court shall notify the public school or private school which the child is attending, in writing, that the court has terminated the applicability of the provisions of this section, NRS 62.405 to 62.485, inclusive, and section 18 of this act with respect to the child.

    Sec. 20.  “Sexually motivated act” means an act that is determined to be sexually motivated pursuant to section 17 of this act.

    Sec. 21.  1.  If a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act has not previously been relieved of being subject to community notification as a juvenile sex offender, the court may, at any appropriate time, hold a hearing to determine whether the child should be relieved of being subject to community notification as a juvenile sex offender.

    2.  If the court determines at the hearing that the child has been rehabilitated to the satisfaction of the court and that the child is not likely to pose a threat to the safety of others, the court may relieve the child of being subject to community notification as a juvenile sex offender.

    Sec. 22.  NRS 62.405 is hereby amended to read as follows:

    62.405  As used in NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, unless the context otherwise requires, the words and terms defined in NRS 62.415 to 62.445, inclusive, and section 18 of this act have the meanings ascribed to them in those sections.

    Sec. 23.  NRS 62.435 is hereby amended to read as follows:

    62.435  “Sexual offense” means:

    1.  Sexual assault pursuant to NRS 200.366;

    2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

    3.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

    4.  Open or gross lewdness pursuant to NRS 201.210 [;] , if punishable as a felony;

    5.  Indecent or obscene exposure pursuant to NRS 201.220 [;] , if punishable as a felony;

    6.  Lewdness with a child pursuant to NRS 201.230;

    7.  Sexual penetration of a dead human body pursuant to NRS 201.450;

    8.  Annoyance or molestation of a minor pursuant to NRS 207.260 [;] , if punishable as a felony; or

    9.  An attempt to commit an offense listed in this section [.] , if punishable as a felony.


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ê2001 Statutes of Nevada, Page 2065 (Chapter 415, SB 412)ê

 

    Sec. 24.  NRS 62.455 is hereby amended to read as follows:

    62.455  1.  In addition [to the options set forth in NRS 62.211 and 62.213 and in addition] to any other [requirements set forth in this chapter,] action authorized or required pursuant to this chapter and except as otherwise provided in section 19 of this act, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, or for a sexually motivated act, the court shall:

    (a) Place the child under the supervision of a probation officer [until the child is no longer attending a public school or private school within this state.] for a period of not less than 3 years.

    (b) Except as otherwise provided in NRS 62.475 and 62.485, prohibit the child from attending a public school or private school that a victim of the sexual offense or the sexually motivated act is attending [.] for the period ordered by the court pursuant to paragraph (a).

    (c) Order the parents or guardians of the child to inform the probation officer assigned to the child each time the child expects to change the public school or private school that [he] the child is attending, not later than 20 days before the expected date of the change.

    (d) Order the parents or guardians of the child, to the extent of their financial ability, to reimburse all or part of the additional costs of transporting the child, if such costs are incurred by a county school district pursuant to NRS 392.251 to 392.271, inclusive [.] , and sections 34 and 35 of this act.

    (e) Inform the parents or guardians of the child of the requirements of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, 392.251 to 392.271, inclusive, and sections 34 and 35 of this act, and 394.162 to 394.167, inclusive [.] , and sections 42 and 43 of this act.

    2.  The court may authorize a superintendent or the executive head of a private school who receives notification from a probation officer pursuant to NRS 62.465 to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense [.

    3.  The] or a sexually motivated act.

    3.  Except as otherwise provided in section 19 of this act, the court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62.405 to 62.485, inclusive, [until the child is no longer attending a public school or private school within this state.] and sections 18 and 19 of this act, for the period ordered by the court pursuant to paragraph (a) of subsection 1.

    Sec. 25.  NRS 62.465 is hereby amended to read as follows:

    62.465  1.  If a child has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, the probation officer assigned to the child shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

    (a) The superintendent of the county school district in which the child resides; or

    (b) If the child is attending a private school within this state, the executive head of the private school.

    2.  If the probation officer assigned to the child is informed by the parents or guardians of the child that the child expects to change the public school or private school [he] that the child is attending or if the probation officer otherwise becomes aware of such a change, the probation officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:


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ê2001 Statutes of Nevada, Page 2066 (Chapter 415, SB 412)ê

 

provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

    (a) The superintendent of the county school district in which the child is or will be residing; or

    (b) If the child is or will be attending a private school within this state, the executive head of the private school.

    3.  Notification provided pursuant to this section must include the name of each victim of a sexual offense or a sexually motivated act committed by the child if the victim is attending a public school or private school within this state.

    Sec. 26.  NRS 62.475 is hereby amended to read as follows:

    62.475  1.  The court may permit a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act to attend a public school or private school that a victim of the sexual offense or the sexually motivated act is attending if, upon the request of the child, the superintendent or the executive head of the private school:

    (a) The court develops and approves an alternative plan of supervision for the child that protects the safety and the interests of the victim;

    (b) The victim and the parents or guardians of the victim consent, in writing, to the plan;

    (c) The superintendent or the executive head of the private school consents, in writing, to the plan; and

    (d) The child and the parents or guardians of the child agree, in writing, to comply with the conditions of the plan.

    2.  As part of an alternative plan of supervision, the court shall impose reasonable conditions on the child and, if necessary to facilitate the alternative plan, on the parents or guardians of the child. The conditions must be designed to protect the safety and the interests of the victim and to ensure that the child complies with the plan.

    3.  Upon its own motion or upon a request from the prosecuting attorney, the victim, the parents or guardians of the victim or the probation officer assigned to the child, the court may modify or rescind the alternative plan of supervision or a condition of the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney and the parties who consented to the alternative plan. If a proposed modification is reasonably likely to increase contact between the victim and the child, the court may not make the modification without the written consent of the victim and the parents or guardians of the victim. If the court rescinds the alternative plan of supervision, the child is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act as if the alternative plan had not existed.

    4.  Before the court accepts the written consent of the victim and the parents or guardians of the victim pursuant to this section, the court shall inform them of their right to withhold consent and, except as otherwise provided in NRS 62.485, their right to have the child not attend the public school or private school the victim is attending.

    Sec. 27.  NRS 62.485 is hereby amended to read as follows:

    62.485  1.  If the court does not approve an alternative plan of supervision pursuant to NRS 62.475 for a child who has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, the superintendent or the executive head of the private school may request that the court approve an alternative plan of attendance for the child.


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ê2001 Statutes of Nevada, Page 2067 (Chapter 415, SB 412)ê

 

    2.  An alternative plan of attendance:

    (a) Must be designed to prevent contact between the victim and the child during school hours and during extracurricular activities conducted on school grounds; and

    (b) Must not interfere with or alter the schedule of classes or the extracurricular activities of the victim.

    3.  Before approving an alternative plan of attendance, the court shall provide notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim and the parents or guardians of the victim.

    4.  If the court approves an alternative plan of attendance, the prosecuting attorney, the victim or the parents or guardians of the victim may petition the court to modify or rescind the alternative plan on the basis that:

    (a) The alternative plan is not protecting the safety or the interests of the victim; or

    (b) The child or the public school or private school is not complying with the alternative plan.

    5.  Upon receiving a petition to modify or rescind an alternative plan of attendance, the court may modify or rescind the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim, the parents or guardians of the victim and the superintendent or the executive head of the private school. If the court rescinds the alternative plan of attendance, the child is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act as if the alternative plan had not existed.

    Sec. 28.  NRS 62.500 is hereby amended to read as follows:

    62.500  As used in NRS 62.500 to 62.600, inclusive, and sections 20 and 21 of this act, unless the context otherwise requires, the words and terms defined in NRS 62.510 to 62.550, inclusive, and section 20 of this act have the meanings ascribed to them in those sections.

    Sec. 29.  NRS 62.570 is hereby amended to read as follows:

    62.570  1.  In addition to [the options set forth in NRS 62.211 and 62.213 and in addition to any other requirements set forth in] any other action authorized or required pursuant to this chapter, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense [,] or for a sexually motivated act, the court shall:

    (a) Notify the attorney general of the adjudication, so the attorney general may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;

    (b) Place the child under the supervision of a probation officer [until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive;] for a period of not less than 3 years;

    (c) Inform the child and the parents or guardians of the child that the child is subject to community notification as a juvenile sex offender and may be subject to registration and community notification as an adult sex offender pursuant to NRS 62.590; and

    (d) Order the child, and the parents or guardians of the child during the minority of the child, while the child is subject to community notification as a juvenile sex offender, to inform the probation officer assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.


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ê2001 Statutes of Nevada, Page 2068 (Chapter 415, SB 412)ê

 

    2.  The court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62.500 to 62.600, inclusive, and sections 20 and 21 of this act, until the child [reaches 21 years of age or] is no longer subject to community notification as a juvenile sex offender pursuant to NRS 62.500 to 62.600, inclusive [.] , and sections 20 and 21 of this act.

    Sec. 30.  NRS 62.580 is hereby amended to read as follows:

    62.580  1.  If a child has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, the probation officer assigned to the child shall notify the local law enforcement agency in whose jurisdiction the child resides that the child:

    (a) Has been adjudicated delinquent for a sexual offense [;] or a sexually motivated act; and

    (b) Is subject to community notification as a juvenile sex offender.

    2.  If the probation officer assigned to the child is informed by the child or the parents or guardians of the child that the child has changed the address at which he resides [,] or if the probation officer otherwise becomes aware of such a change, the probation officer shall notify:

    (a) The local law enforcement agency in whose jurisdiction the child last resided that the child has moved; and

    (b) The local law enforcement agency in whose jurisdiction the child is now residing that the child:

         (1) Has been adjudicated delinquent for a sexual offense [;] or a sexually motivated act; and

         (2) Is subject to community notification as a juvenile sex offender.

    Sec. 31.  NRS 62.590 is hereby amended to read as follows:

    62.590  Except as otherwise provided in NRS 62.500 to 62.600, inclusive [:] , and sections 20 and 21 of this act:

    1.  If a child who has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act is not relieved of being subject to community notification as a juvenile sex offender before the child reaches 21 years of age, the court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.

    2.  If the court determines at the hearing that the child has been rehabilitated to the satisfaction of the court and that the child is not likely to pose a threat to the safety of others, the court shall relieve the child of being subject to community notification.

    3.  If the court determines at the hearing that the child has not been rehabilitated to the satisfaction of the court or that the child is likely to pose a threat to the safety of others, the court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.

    4.  If a child is deemed to be an adult sex offender pursuant to this section, the court shall notify the [division,] central repository, so the [division and the] central repository may carry out the provisions for registration of the child as an adult sex offender pursuant to NRS 179D.450.

    Sec. 32.  NRS 213.1245 is hereby amended to read as follows:

    213.1245  1.  Except as otherwise provided in subsection [2,] 3, if the board releases on parole a prisoner convicted of an offense listed in NRS 179D.620, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

 


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NRS 179D.620, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

    (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the parolee;

    (b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the parolee;

    (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee;

    (d) Participate in and complete a program of professional counseling approved by the division;

    (e) Submit to periodic tests , as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance [and submit] ;

    (f) Submit to periodic [polygraphic] polygraph examinations, as requested by the parole and probation officer assigned to the parolee;

    [(f)] (g) Abstain from consuming , possessing or having under his control any alcohol;

    [(g)] (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee [;

    (h)] , unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2;

    (i) Not use aliases or fictitious names;

    [(i)] (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee;

    [(j)] (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.410 is present [; and

    (k) Not] and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact;

    (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not be in or near:

         (1) A playground, park, school or school grounds;

         (2) A motion picture theater; or

         (3) A business that primarily has children as customers or conducts events that primarily children attend [.] ;

    (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

    (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee;

    (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee; and

    (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee.

    2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized.


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interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

    (a) The victim or the witness;

    (b) The parolee;

    (c) The parole and probation officer assigned to the parolee;

    (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

    (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

    3.  The board is not required to impose a condition of parole listed in subsection 1 if the board finds that extraordinary circumstances are present and the board states those extraordinary circumstances in writing.

    Sec. 33.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 and 35 of this act.

    Sec. 34.  “Sexual offense” has the meaning ascribed to it in NRS 62.435.

    Sec. 35.  “Sexually motivated act” has the meaning ascribed to it in section 18 of this act.

    Sec. 36.  NRS 392.251 is hereby amended to read as follows:

    392.251  As used in NRS 392.251 to 392.271, inclusive, and sections 34 and 35 of this act, unless the context otherwise requires, the words and terms defined in NRS 392.254, 392.258 and 392.261 and sections 34 and 35 of this act have the meanings ascribed to them in those sections.

    Sec. 37.  NRS 392.254 is hereby amended to read as follows:

    392.254  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer pursuant to NRS 62.465.

    Sec. 38.  NRS 392.258 is hereby amended to read as follows:

    392.258  “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense [.] or a sexually motivated act.

    Sec. 39.  NRS 392.261 is hereby amended to read as follows:

    392.261  “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.

    Sec. 40.  NRS 392.264 is hereby amended to read as follows:

    392.264  1.  If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit [the] an offender who is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, to attend a public school that a victim is attending unless:

    (a) An alternative plan of supervision is approved by the court pursuant to NRS 62.475; or

    (b) An alternative plan of attendance is approved by the court pursuant to NRS 62.485.

    2.  If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to attend, the superintendent of the school district shall negotiate an agreement with:

    (a) The superintendent of an adjoining school district within this state for the offender to attend a public school in that adjoining school district; or


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    (b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to attend a public school in that adjoining school district.

    3.  The superintendent of the school district in which the offender resides shall inform the person with whom he is negotiating that the offender has been adjudicated delinquent for a sexual offense [,] or a sexually motivated act, but the superintendent shall not disclose the name of a victim.

    4.  An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:

    (a) Must not contain the name of a victim;

    (b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and

    (c) Must be approved by the superintendent of public instruction.

    5.  A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to attend a public school in the school district in which he resides without violating subsection 1.

    Sec. 41.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 and 43 of this act.

    Sec. 42.  “Sexual offense” has the meaning ascribed to it in NRS 62.435.

    Sec. 43.  “Sexually motivated act” has the meaning ascribed to it in section 18 of this act.

    Sec. 44.  NRS 394.162 is hereby amended to read as follows:

    394.162  As used in NRS 394.162 to 394.167, inclusive, and sections 42 and 43 of this act, unless the context otherwise requires, the words and terms defined in NRS 394.163, 394.164 and 394.165 and sections 42 and 43 of this act have the meanings ascribed to them in those sections.

    Sec. 45.  NRS 394.163 is hereby amended to read as follows:

    394.163  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer pursuant to NRS 62.465.

    Sec. 46.  NRS 394.164 is hereby amended to read as follows:

    394.164  “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense [.] or a sexually motivated act.

    Sec. 47.  NRS 394.165 is hereby amended to read as follows:

    394.165  “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.

    Sec. 48.  NRS 394.166 is hereby amended to read as follows:

    394.166  If the executive head of a private school receives notification and a victim identified in the notification is attending a private school under his authority, [he] the executive head shall not permit [the] an offender who is subject to the provisions of NRS 62.405 to 62.485, inclusive, and sections 18 and 19 of this act, to attend the private school that a victim is attending unless:

    1.  An alternative plan of supervision is approved by the court pursuant to NRS 62.475; or

    2.  An alternative plan of attendance is approved by the court pursuant to NRS 62.485.


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ê2001 Statutes of Nevada, Page 2072 (Chapter 415, SB 412)ê

 

    Sec 49.  1.  Except as otherwise provided in this section, the amendatory provisions of this act apply to offenses or delinquent acts committed before, on or after July 1, 2001.

    2.  The amendatory provisions of section 8 of this act do not affect the date on which registration is deemed to have begun for an offender convicted of a crime against a child pursuant to subsection 2 of NRS 179D.270.

    3.  The amendatory provisions of section 9 of this act do not apply to violations of NRS 179D.290 committed before July 1, 2001.

    4.  The amendatory provisions of section 14 of this act do not affect the date on which registration is deemed to have begun for a sex offender pursuant to subsection 2 of NRS 179D.490.

    5.  The amendatory provisions of section 15 of this act do not apply to violations of NRS 179D.550 committed before July 1, 2001.

    6.  The amendatory provisions of sections 17 and 23 of this act do not apply to delinquent acts committed before July 1, 2001.

    Sec. 50.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 416, SB 425

Senate Bill No. 425–Committee on Commerce and Labor

 

CHAPTER 416

 

AN ACT relating to public utilities; prohibiting certain governmental entities from acquiring or expanding facilities relating to the provision of certain services provided by public utilities in certain circumstances; providing an exception; requiring the legislative committee to study the distribution among local governments of revenue from state and local taxes to conduct a study and report its findings to the legislature; extending the effective date for certain provisions relating to the legislative committee to study the distribution among local governments of revenue from state and local taxes; 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 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  Except as otherwise provided in section 4.5 of this act, on and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:

    1.  The public utility willingly agrees to the acquisition or expansion; and

    2.  The board of county commissioners complies with the provisions of section 5 of this act.

    Sec. 3.  1.  Except as otherwise provided in section 4.5 of this act, on and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:


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ê2001 Statutes of Nevada, Page 2073 (Chapter 416, SB 425)ê

 

customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:

    (a) The public utility willingly agrees to the acquisition or expansion; and

    (b) The board of county commissioners complies with the provisions of section 5 of this act.

    2.  As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.

    Sec. 4.  Except as otherwise provided in section 4.5 of this act, on and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless:

    1.  The public utility willingly agrees to the acquisition or expansion; and

    2.  The board of county commissioners complies with the provisions of section 5 of this act.

    Sec. 4.5.  Sections 2, 3 and 4 of this act do not apply to:

    1.  Services provided by the county to another department, division or agency of the county or to another governmental entity if the governing body of that governmental entity is the board of county commissioners; or

    2.  Expansion of services provided by the county to an area which is contiguous to an area of existing development where the county already provides services.

    Sec. 5.  1.  A board of county commissioners that desires to acquire or expand facilities and services pursuant to section 2, 3 or 4 of this act must:

    (a) Provide notice of the intended expansion or acquisition to any political subdivision that the board determines is likely to be an affected governmental entity;

    (b) Prepare an impact statement pursuant to NRS 237.030 to 237.110, inclusive;

    (c) Cause to be published a notice, displayed in the format used for advertisements printed in not less than 8-point type on at least one-quarter of a page of the newspaper, in a newspaper with the largest general circulation in the county;

    (d) Hold a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and

    (e) Comply with paragraph (a) or (b) of subsection 2.

    2.  After complying with paragraphs (a) to (d), inclusive, of subsection 1, a board of county commissioners may proceed with the proposed acquisition or expansion if:

    (a) The board of county commissioners determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or

    (b) The board of county commissioners:

         (1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the board, that an emergency exists with respect to the provision of service and that the county’s plan for acquisition or expansion is economically feasible; and


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ê2001 Statutes of Nevada, Page 2074 (Chapter 416, SB 425)ê

 

respect to the provision of service and that the county’s plan for acquisition or expansion is economically feasible; and

         (2) For each affected governmental entity:

             (I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected governmental entity; or

             (II) If the board cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.

    3.  For purposes of this section:

    (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

    (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the county after an acquisition or expansion pursuant to this section.

    Sec. 6.  NRS 244A.697 is hereby amended to read as follows:

    244A.697  [In] Except as otherwise provided in section 2 of this act, in addition to any other powers, each county has the following powers:

    1.  To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease , or any one or more of such methods, and to improve and equip one or more projects , or parts thereof, which except as otherwise provided in this subsection must be located within this state, and which may be located within or partially within that county. If a project is for the generation and transmission of electricity and the county deems is necessary:

    (a) To connect the project with facilities located outside this state, transmitting facilities necessary for that interconnection may be located outside this state, but financing for those transmitting facilities must be limited to the amount necessary to interconnect the project with the nearest compatible transmitting facility of the participant in the project with which the connection is to be made.

    (b) To acquire or develop fuel or water or rights thereto, or to transport fuel or water from outside the county or state, the necessary facilities, fuel, water or rights thereto may be located wholly outside the county or outside the state.

Any water rights for such a project to be obtained by appropriation may only be appropriated within the boundaries of the county within which the generating facility is located, unless the board of county commissioners of another county approves the appropriation within its boundaries for that purpose.

    2.  To finance, sell, lease or otherwise dispose of any or all its projects upon such terms and conditions as the board considers advisable.

    3.  To issue revenue bonds for the purpose of financing or defraying all or any portion of the cost of acquiring, improving and equipping any project as set forth in NRS 244A.737.


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ê2001 Statutes of Nevada, Page 2075 (Chapter 416, SB 425)ê

 

    4.  To secure payment of such bonds as provided in NRS 244A.669 to 244A.763, inclusive.

    5.  If a project is for the generation and transmission of electricity, to own the project in its entirety or an undivided interest in the project with one or more other owners, and to enter into agreements with respect to any matters relating to common ownership of the project, including , without limitation , matters relating to the ownership, acquisition, construction, improvement, equipping, financing, operation and maintenance of the project.

    6.  To take such actions as are necessary or useful [in order] to undertake, [carry out,] accomplish and otherwise carry out the provisions of NRS 244A.669 to 244A.763, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the board and which become effective upon adoption unless otherwise specified in the resolution.

    Sec. 7.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

    The committee shall:

    1.  Study the impact on revenue from state and local taxes received by local governments as a result of counties, cities and general improvement districts acquiring or expanding facilities for the generation, transmission and distribution of electricity and for the provision of telecommunications services or community antenna television service to retail customers who are, before the acquisition or expansion, customers of a public utility which provides such service and which is subject to chapter 704 or 711 of NRS; and

    2.  Not later than November 1, 2002, submit a report of its findings, including any recommended legislation, to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada Legislature.

    Sec. 8.  NRS 218.5388 is hereby amended to read as follows:

    218.5388  As used in NRS 218.5388 to 218.53886, inclusive, and section 7 of this act, “committee” means a legislative committee to study the distribution among local governments of revenue from state and local taxes.

    Sec. 9.  NRS 266.261 is hereby amended to read as follows:

    266.261  1.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may acquire, improve, equip, operate and maintain, convert to or authorize:

    (a) Curb and gutter projects;

    (b) Drainage projects;

    (c) [Offstreet] Off-street parking projects;

    (d) Overpass projects;

    (e) Park projects;

    (f) Sanitary sewer projects;

    (g) Sidewalk projects;

    (h) Storm sewer projects;

    (i) Street projects;

    (j) Underpass projects;

    (k) Water projects; and

    (l) Underground electric and communication facilities.

    2.  The city council , on behalf of the city , for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.


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ê2001 Statutes of Nevada, Page 2076 (Chapter 416, SB 425)ê

 

by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.

    Sec. 10.  NRS 266.285 is hereby amended to read as follows:

    266.285  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, a city council may:

    1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

    2.  Provide for the construction of any facility necessary for the provision of such utility.

    3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:] must:

    (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

    (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

    (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    Sec. 11.  NRS 266.290 is hereby amended to read as follows:

    266.290  1.  [The] Except as otherwise provided in section ­­13, 14 and 15 of this act, the city council may acquire or establish any public utility in the manner provided in this section.

    2.  The council shall enact an ordinance which must set forth fully and in detail:

    (a) The public utility proposed to be acquired or established.

    (b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.

    (c) The proposed manner and terms of payment.

    3.  The ordinance must be published in full at least once a week for 4 successive weeks in a newspaper of general circulation published in the city.

    4.  At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or become effective for any purpose [whatsoever,] whatever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.


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ê2001 Statutes of Nevada, Page 2077 (Chapter 416, SB 425)ê

 

    Sec. 12.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 16, inclusive, of this act.

    Sec. 13.  Except as otherwise provided in section 15.5 of this act, on and after July 1, 2001, a governing body shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:

    1.  The public utility willingly agrees to the acquisition or expansion; and

    2.  The governing body complies with the provisions of section 16 of this act.

    Sec. 14.  1.  Except as otherwise provided in section 15.5 of this act, on and after July 1, 2001, a governing body shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:

    (a) The public utility willingly agrees to the acquisition or expansion; and

    (b) The governing body complies with the provisions of section 16 of this act.

    2.  As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.

    Sec. 15.  Except as otherwise provided in section 15.5 of this act, on and after July 1, 2001, a governing body shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless:

    1.  The public utility willingly agrees to the acquisition or expansion; and

    2.  The governing body complies with the provisions of section 16 of this act.

    Sec. 15.5.  Sections 13, 14 and 15 of this act do not apply to:

    1.  Services provided by the city to another department, division or agency of the city or to another governmental entity if the governing body of that governmental entity is the governing body of the city; or

    2.  Expansion of services provided by the city to an area which is contiguous to an area of existing development where the city already provides services.

    Sec. 16.  1.  A governing body that desires to acquire or expand facilities and services pursuant to section 13, 14 or 15 of this act must:

    (a) Provide notice of the intended expansion or acquisition to any political subdivision that the governing body determines is likely to be an affected governmental entity;

    (b) Prepare an impact statement pursuant to NRS 237.030 to 237.110, inclusive;


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ê2001 Statutes of Nevada, Page 2078 (Chapter 416, SB 425)ê

 

    (c) Cause to be published a notice, displayed in the format used for advertisements, printed in not less than 8-point type on at least one-quarter of a page of the newspaper in a newspaper with the largest general circulation in the city;

    (d) Hold a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and

    (e) Comply with paragraph (a) or (b) of subsection 2.

    2.  After complying with paragraphs (a) to (d), inclusive, of subsection 1, a governing body may proceed with the proposed acquisition or expansion if:

    (a) The governing body determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or

    (b) The governing body:

         (1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the governing body, that an emergency exists with respect to the provision of service and that the city’s plan for acquisition or expansion is economically feasible; and

         (2) For each affected governmental entity:

             (I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or

             (II) If the governing body cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.

    3.  For purposes of this section:

    (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

    (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the city after an acquisition or expansion pursuant to this section.

    Sec. 17.  NRS 268.526 is hereby amended to read as follows:

    268.526  [In] Except as otherwise provided in section 13 of this act, in addition to any other powers which it may now have, each city shall have the following powers:

    1.  To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease, or any one or more of such methods, and to improve and equip one or more projects , or part thereof. Such projects, upon completion of such acquisition, [shall] must be located within , or within 10 miles of , the city.

    2.  To finance, sell, lease or otherwise dispose of any or all of its projects upon such terms and conditions as the governing body considers advisable.


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ê2001 Statutes of Nevada, Page 2079 (Chapter 416, SB 425)ê

 

    3.  To issue revenue bonds for the purpose of financing or defraying the cost of acquiring, improving and equipping any project as set forth in NRS 268.556.

    4.  To secure payment of such bonds as provided in NRS 268.512 to 268.568, inclusive.

    5.  To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise implement the provisions of NRS 268.512 to 268.568, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the governing body and which [shall] become effective upon adoption.

    Sec. 18.  NRS 268.568 is hereby amended to read as follows:

    268.568  1.  Except as otherwise provided in sections 13, 14 and 15 of this act, NRS 268.512 to 268.568, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including, but not limited [,] to , the authorization and issuance of bonds.

    2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.

    3.  The provisions of no other law, either general or local, except as otherwise provided in NRS 268.512 to 268.568, inclusive, apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

    4.  No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as otherwise provided in those sections.

    5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive, except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.

    6.  Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without meeting the qualifications set forth in NRS 662.245.


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    7.  The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by , any other law.

    8.  No part of NRS 268.512 to 268.568, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

    Sec. 19.  NRS 268.730 is hereby amended to read as follows:

    268.730  Except as otherwise provided in NRS 268.086 and 268.088, and sections 13, 14 and 15 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

    1.  A building project;

    2.  A cemetery project;

    3.  A communications project;

    4.  A drainage project or flood control project;

    5.  An electric project;

    6.  A fire protection project;

    7.  An [offstreet] off-street parking project;

    8.  An overpass project;

    9.  A park project;

    10.  A recreational project;

    11.  A refuse project;

    12.  A sewerage project;

    13.  A sidewalk project;

    14.  A street project;

    15.  A transportation project;

    16.  An underpass project; and

    17.  A water project.

    Sec. 20.  NRS 271.265 is hereby amended to read as follows:

    271.265  1.  [The] Except as otherwise provided in sections 2, 3, 4, 13, 14 and 15 of this act, the governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both [,] within and without the municipality:

    (a) A commercial area vitalization project;

    (b) A curb and gutter project;

    (c) A drainage project;

    (d) An [offstreet] off-street parking project;

    (e) An overpass project;

    (f) A park project;

    (g) A sanitary sewer project;

    (h) A security wall;

    (i) A sidewalk project;

    (j) A storm sewer project;

    (k) A street project;

    (l) A street beautification project;

    (m) A transportation project;

    (n) An underpass project;

    (o) A water project; and


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    (p) Any combination of such projects.

    2.  [In] Except as otherwise provided in sections 13 and 14 of this act, in addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both [,] within and without the municipality:

    (a) An electrical project;

    (b) A telephone project;

    (c) A combination of an electrical project and a telephone project;

    (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

    (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

    3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

    Sec. 21.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 25, inclusive, of this act.

    Sec. 22.  Except as otherwise provided in section 24.5 of this act, on and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:

    1.  The public utility willingly agrees to the acquisition or expansion; and

    2.  The general improvement district complies with the provisions of section 25 of this act.

    Sec. 23.  1.  Except as otherwise provided in section 24.5 of this act, on and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless:

    (a) The public utility willingly agrees to the acquisition or expansion; and

    (b) The general improvement district complies with the provisions of section 25 of this act.

    2.  As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.

    Sec. 24.  Except as otherwise provided in section 24.5 of this act, on and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless:


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a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless:

    1.  The public utility willingly agrees to the acquisition or expansion; and

    2.  The general improvement district complies with the provisions of section 25 of this act.

    Sec. 24.5.  Sections 22, 23 and 24 of this act do not apply to:

    1.  Services provided by the general improvement district to another department, division or agency of the general improvement district or to another governmental entity if the governing body of that governmental entity is the board of trustees of the general improvement district; or

    2.  Expansion of services provided by the general improvement district to an area which is contiguous to an area of existing development where the general improvement district already provides services.

    Sec. 25.  1.  A general improvement district that desires to acquire or expand facilities and services pursuant to section 22, 23 or 24 of this act must:

    (a) Provide notice of the intended expansion or acquisition to any political subdivision that the district determines is likely to be an affected governmental entity;

    (b) Prepare an impact statement pursuant to NRS 237.030 to 237.110, inclusive;

    (c) Cause to be published a notice, displayed in the format used for advertisements printed in not less than 8-point type on at least one-quarter of a page of the newspaper, in a newspaper with the largest general circulation in the district;

    (d) Hold a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and

    (e) Comply with paragraph (a) or (b) of subsection 2.

    2.  After complying with paragraphs (a) to (d), inclusive, of subsection 1, a general improvement district may proceed with the proposed acquisition or expansion if:

    (a) The general improvement district determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or

    (b) The general improvement district:

         (1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the district, that an emergency exists with respect to the provision of service and that the district’s plan for acquisition or expansion is economically feasible; and

         (2) For each affected governmental entity:

             (I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or

             (II) If the district cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.

    3.  For purposes of this section:


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ê2001 Statutes of Nevada, Page 2083 (Chapter 416, SB 425)ê

 

    (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

    (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the district after an acquisition or expansion pursuant to this section.

    Sec. 26.  NRS 318.116 is hereby amended to read as follows:

    318.116  [Any] Except as otherwise provided in sections 22, 23 and 24 of this act, any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

    1.  Furnishing electric light and power, as provided in NRS 318.117;

    2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

    3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

    4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

    5.  Furnishing facilities for television, as provided in NRS 318.1192;

    6.  Furnishing facilities for FM radio, as provided in NRS 318.1187;

    7.  Furnishing streets and alleys, as provided in NRS 318.120;

    8.  Furnishing [curb, gutter] curbs, gutters and sidewalks, as provided in NRS 318.125;

    9.  Furnishing sidewalks, as provided in NRS 318.130;

    10.  Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;

    11.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;

    12.  Furnishing facilities for lighting streets, as provided in NRS 318.141;

    13.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

    14.  Furnishing recreational facilities, as provided in NRS 318.143;

    15.  Furnishing facilities for water, as provided in NRS 318.144;

    16.  Furnishing fencing, as provided in NRS 318.1195;

    17.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

    18.  Furnishing energy for heating, as provided in NRS 318.1175;

    19.  Furnishing emergency medical services, as provided in NRS 318.1185; and

    20.  Control and eradication of noxious weeds, as provided in chapter 555 of NRS.

    Sec. 27.  NRS 318.117 is hereby amended to read as follows:

    318.117  [If] Except as otherwise provided in section 22 of this act, if a district is created , wholly or in part , to furnish electric light and power, the board may:

    1.  Acquire, by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including , without limitation , the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.


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ê2001 Statutes of Nevada, Page 2084 (Chapter 416, SB 425)ê

 

including , without limitation , the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.

    2.  Furnish, deliver and sell to the public, and to any municipality and to the state and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith.

    3.  Purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699.

    Sec. 28.  NRS 318.1192 is hereby amended to read as follows:

    318.1192  [In] Except as otherwise provided in section 25 of this act, the case of a district created wholly or in part for acquiring television maintenance facilities, the board shall have power to:

    1.  Acquire television broadcast, transmission and relay improvements.

    2.  Levy special assessments against specially benefited real property on which are located television receivers operated within the district and able to receive television broadcasts supplied by the district.

    3.  Fix tolls, rates and other service or use charges for services furnished by the district or facilities of the district, including without limitation any one, all or any combination of the following:

    (a) Flat rate charges;

    (b) Charges classified by the number of receivers;

    (c) Charges classified by the value of property served by television receivers;

    (d) Charges classified by the character of the property served by television receivers;

    (e) Minimum charges;

    (f) Stand-by charges; or

    (g) Other charges based on the availability of service.

    4.  The district shall not have the power in connection with the basic power stated in this section to borrow money which loan is evidenced by the issuance of any general obligation bonds or other general obligations of the district.

    Sec. 29.  NRS 318.145 is hereby amended to read as follows:

    318.145  [The] Except as otherwise provided in sections 22, 23 and 24 of this act, the board shall have the power to operate, maintain and repair the improvements acquired by the district, including , without limitation , the maintenance and repair of dedicated streets and alleys and the removal of snow therefrom, and all facilities of the district relating to any basic power which the district is authorized to exercise, and in connection therewith to exercise from time to time any one, all or any combination of the incidental powers provided in this chapter and any law supplemental thereto, except as may be otherwise provided in this chapter or in any such supplemental law.

    Sec. 30.  Chapter 538 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  On and after July 1, 2001, the Colorado River Commission shall not acquire or expand facilities for the generation, distribution or transmission of electricity to serve persons who will be retail customers of the Colorado River Commission for that service and who are, before the acquisition or expansion, retail customers of a public utility subject to chapter 704 of NRS for that service, unless the Colorado River Commission:


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ê2001 Statutes of Nevada, Page 2085 (Chapter 416, SB 425)ê

 

expansion, retail customers of a public utility subject to chapter 704 of NRS for that service, unless the Colorado River Commission:

    (a) Holds a public hearing on the proposed acquisition or expansion at least 10 days after publishing notice thereof;

    (b) Determines that the acquisition or expansion is economically feasible and is in the best interest of the residents of southern Nevada; and

    (c) For each affected governmental entity:

         (1) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or

         (2) If the commission cannot reach an agreement with an affected governmental entity pursuant to subparagraph (1), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission. 

    2.  This section does not provide authority for the Colorado River Commission to acquire or expand facilities for the generation, distribution or transmission of electricity nor does it take away any such authority granted by any other law.

    3.  For purposes of this section:

    (a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.

    (b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the district after an acquisition or expansion pursuant to this section.

    Sec. 31.  NRS 538.161 is hereby amended to read as follows:

    538.161  [The] Except as otherwise provided in section 30 of this act, the commission shall:

    1.  Collect and arrange all data and information connected with the Colorado River which may affect or be of interest to this state.

    2.  Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of any facilities for the generation or transmission of electricity for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created pursuant to the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.

    3.  Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River, or in connection with Hoover Dam or other federally operated dams.


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    4.  Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the waters of the Colorado River.

    5.  Make and enter into agreements, compacts or treaties between the State of Nevada and the states of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. Agreements, compacts or treaties which define the rights of the states or of the United States in the waters of the Colorado River are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.

    6.  Represent and act for the State of Nevada in consultations with other states, the United States, foreign countries and persons, and negotiate and enter into agreements between the State of Nevada and those entities, jointly or severally, concerning the:

    (a) Acquisition, development, storage, transport, transfer, exchange, use and treatment of water to supplement the supply of water in the Colorado River which is available for use in Nevada, consistent with the provisions of NRS 538.186.

    (b) Augmentation of the waters of the Colorado River, consistent with the provisions of NRS 538.186.

    (c) Quality of the waters of the Colorado River, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.

    (d) Operation of federal dams and other facilities on the Colorado River.

    (e) Species associated with the Colorado River which are or may become listed as endangered or threatened pursuant to federal law, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.

    7.  Within the limits of its authority, represent and act for the State of Nevada as a member of any interstate or international commission or other body as may be established relating to the Colorado River in transactions with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the Federal Government or any foreign country.

    8.  Report to the governor such measures and legislative action as it deems necessary to carry out the provisions of any law relating to the powers and duties of the commission.

    9.  Cooperate with other states or federal agencies to establish, conduct and maintain projects related to water or power.

    Sec. 32.  NRS 538.166 is hereby amended to read as follows:

    538.166  1.  [The] Except as otherwise provided in section ­­30 of this act, the commission may:

    (a) Acquire and perfect any interest in supplemental water.

    (b) Develop, store, transport, transfer, exchange, use and treat supplemental water.

    (c) Acquire an interest in, finance, construct, reconstruct, operate, maintain, repair and dispose of any facility for water or power, including, without limitation, a facility for the storage or conveyance of water and a facility for the generation or transmission of electricity.

    (d) Obtain any license, permit, grant, loan or aid from any agency of the United States, the State of Nevada or any other public or private entity.

    (e) In accordance with the provisions of the State Securities Law:


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ê2001 Statutes of Nevada, Page 2087 (Chapter 416, SB 425)ê

 

         (1) Borrow money and otherwise become obligated in a total principal amount which is approved by the legislature or the interim finance committee.

         (2) Issue:

             (I) General obligation securities payable from taxes and additionally secured with net pledged revenues;

             (II) Securities constituting special obligations payable from net pledged revenues; or

             (III) Any combination of those securities.

The legislature finds and declares that the issuance of securities and other incurrence of indebtedness pursuant to this subsection are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada. The powers conferred by this subsection are in addition to and supplemental to the powers conferred by any other law.

    (f) Perform all other lawful acts it considers necessary or desirable to carry out the purposes and provisions of any law relating to the powers, functions and duties of the commission.

    2.  The commission shall comply with the provisions of this chapter and chapters 532, 533 and 534 of NRS before taking any action pursuant to subsection 1 which relates in any way to supplemental water if the source of the supplemental water is located within the State of Nevada and is not the Colorado River.

    Sec. 33.  NRS 538.181 is hereby amended to read as follows:

    538.181  1.  [The] Except as otherwise provided in section 30 of this act, the commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, and section 30 of this act, for the State of Nevada and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.

    2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.

    3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

    4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

    5.  The provisions of subsection 4 do not apply to:


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ê2001 Statutes of Nevada, Page 2088 (Chapter 416, SB 425)ê

 

    (a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or

    (b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

    6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.

    7.  The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.

    8.  Except as otherwise provided in section 1 of Senate Bill No. 211 of this [act] session, notwithstanding any provision of chapter 704 of NRS, any purchase of:

    (a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or

    (b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water,

is not subject to regulation by the public utilities commission of Nevada.

    Sec. 34.  NRS 541.140 is hereby amended to read as follows:

    541.140  [The] Except as otherwise provided in section 2 of this act, the board shall have power on behalf of the district:

    1.  To have perpetual succession.

    2.  To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply , and any and all real and personal property of any kind , within or without the district or within or without the State of Nevada , necessary or convenient to the full exercise of its powers , [;] and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada , [;] also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district [,] and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.

    3.  To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.

    4.  To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon [,] or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof.


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ê2001 Statutes of Nevada, Page 2089 (Chapter 416, SB 425)ê

 

with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land [shall be] is effective upon the filing by such district with the state land registrar of an application showing the boundaries, extent and locations of the lands, rights of way or easements desired for such purposes. If the lands, rights of way or easements for which application [shall be] is made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation [shall] may be charged the district therefor, unless in the opinion of the state land registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the state for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as [shall be] are necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities [shall] must be conveyed to the district by patent. If an easement or right of way only over such lands [be] is sought by the district, such easement or right of way [shall] must be evidenced by a permit or grant executed by or on behalf of the state land registrar. The state land registrar may reserve easements and rights of way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit [shall be] is executed, any compensation due to the state under the provisions hereof must be paid. No fee [shall] may be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets , the district [shall be] is subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction , [;] but the district [shall not be] is not required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.

    5.  To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, power plants and all necessary works incident thereto , within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works [;] , and to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private , within or without the State of Nevada.


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ê2001 Statutes of Nevada, Page 2090 (Chapter 416, SB 425)ê

 

and electrical energy from such works to persons and corporations, public and private , within or without the State of Nevada.

    6.  To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water [shall] must not exceed the maximum amount of water that the board determines could be beneficially used on such lands [;] , and to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district , [;] but the board may divide the district into units and fix a different value per acre-foot of water in the respective units [,] and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.

    7.  To fix rates at which water not allotted to lands, as hereinbefore provided, [shall] may be sold, leased or otherwise disposed of , [;] but rates [shall] must be equitable , although not necessarily equal or uniform for like classes of service throughout the district.

    8.  To enter into contracts, employ and retain personal services and employ laborers , [;] to create, establish and maintain such offices and positions as [shall be] are necessary and convenient for the transaction of the business of the district , [;] and to elect, appoint and employ such officers, attorneys, agents and employees therefor as [shall be] are found by the board to be necessary and convenient.

    9.  To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans [shall] must include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof [shall] must be kept in the office of the district and open to public inspection.

    10.  To appropriate and otherwise acquire water and water rights within or without the state , [;] to develop, store and transport water , [;] to subscribe for, purchase and acquire stock in canal companies, water companies [,] and water users’ associations , [;] to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical , and any and all other beneficial uses, and to derive revenue and benefits therefrom , [;] to fix the terms and rates therefor , [;] and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, power plants , and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things , to obligate itself and execute and perform such obligations according to the tenor thereof.

    11.  To generate electric energy and to contract for the generation, distribution and sale of such energy.

    12.  To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held [shall] must, from time to time , be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district.


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ê2001 Statutes of Nevada, Page 2091 (Chapter 416, SB 425)ê

 

of any bonds or treasury notes thus purchased and held [shall] must, from time to time , be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection [shall] must be performed under such rules and regulations as [shall be] are prescribed by the board.

    13.  To borrow money from the State of Nevada or other sources and incur indebtedness , and to pledge revenues of the district to secure the repayment of any money so borrowed.

    14.  To adopt bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district.

    15.  To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.

    Sec. 35.  NRS 541.300 is hereby amended to read as follows:

    541.300  [The] Except as otherwise provided in section 2 of this act, the board is authorized to enter into contracts for the operation and maintenance of works for the generation and [supplying] supply of electrical energy and for the disposition of power generated thereat. The board may also enter into contracts for the acquisition, purchase, sale or other disposition of electrical energy.

    Sec. 36.  NRS 710.010 is hereby amended to read as follows:

    710.010  1.  [The] Except as otherwise provided in section 3 of this act, the board of county commissioners of any county is authorized, upon there being filed with it a petition signed by two-thirds of the taxpayers of the county requesting the board so to do, to purchase or construct a telephone line or lines within the limits of the county, if in the judgment of the board it would be to the interest of the county to do so, and to pay for the same out of the county general fund.

    2.  The title to any telephone line or lines constructed or acquired by or under the authority of any board of county commissioners as provided in subsection 1 shall be vested in the county and under its control and management.

    3.  Any telephone system which is under the control and management of a county, notwithstanding the method used in acquiring the system, may include within its charges for service to each user an amount sufficient to provide a reasonable reserve to be used for the purpose of expansion of the telephone facility.

    Sec. 37.  NRS 710.145 is hereby amended to read as follows:

    710.145  1.  [Notwithstanding the provisions of any other statute,] Except as otherwise provided in section 3 of this act, a telephone system which is under the control and management of a county may extend its operation across county boundaries if:

    (a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;

    (b) The public utilities commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive or discretionary and that regulation thereof is unnecessary; or

    (c) The public utilities commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system.


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ê2001 Statutes of Nevada, Page 2092 (Chapter 416, SB 425)ê

 

extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.

    2.  Except as otherwise provided in subsection 1, nothing in this section vests jurisdiction over a county telephone system in the public utilities commission of Nevada.

    Sec. 38.  NRS 710.160 is hereby amended to read as follows:

    710.160  [Upon] Except as otherwise provided in section 2 of this act, there being filed with a board of county commissioners of any county a petition signed by at least two-thirds of the taxpayers of such county requesting and petitioning the board so to do, the board of county commissioners, in the name of the county, is authorized to purchase, acquire or construct electrical power plants and power lines within the limits of the county and thereafter operate, maintain and extend the same as a public utility.

    Sec. 39.  NRS 710.170 is hereby amended to read as follows:

    710.170  [The] Except as otherwise provided in section 2 of this act, the board of county commissioners shall have authority:

    1.  To enter into any and all necessary contracts with any person, firm, company or corporation generating power for the purchase of electrical energy, power and current.

    2.  To purchase any existing light line and power line or integral part thereof, upon the most advantageous price and terms to the county.

    3.  To purchase all proper and necessary equipment, appliances and materials needed for the plant and lines.

    4.  To enter into contracts with consumers for the sale, distribution and delivery of electrical energy, power and current along its power lines.

    5.  To make any and all rules and regulations necessary and proper for the management, operation, control and extension thereof.

    6.  To employ such proper and efficient help and labor as shall be needed.

    7.  To construct and operate branches or distributing lines, substations and transformers and other electrical appliances as conditions may warrant and require.

    Sec. 40.  NRS 710.200 is hereby amended to read as follows:

    710.200  Subject to the provisions of section 2 of this act and NRS 710.160 to 710.280, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of an electrical system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

    1.  General obligation bonds, payable from taxes;

    2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and

    3.  Revenue bonds constituting special obligations and payable from such net revenues.


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ê2001 Statutes of Nevada, Page 2093 (Chapter 416, SB 425)ê

 

    Sec. 41.  Section 135 of the charter of Boulder City is hereby amended to read as follows:

    Section 135.  Establishment of municipally owned and operated utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used and useful in public service. The city may also furnish service in adjacent and near‑by communities which may be conveniently and economically served by the municipally owned and operated utility, subject to: (a) Agreements with such communities; (b) provisions of state law; (c) provisions of the Boulder City Act of 1958. The council may provide by ordinance for the establishment of such utility, but an ordinance providing for a newly owned and operated utility shall be enacted only after such hearings and procedure as required herein for the granting of a franchise, and shall also be submitted to and approved at a popular referendum; provided, however, that an ordinance providing for any extension, enlargement, or improvement of an existing utility may be enacted as a matter of general municipal administration. The city shall have the power to execute long‑term contracts for the purpose of augmenting the services of existing municipally owned utilities. Such contracts shall be passed only in the form of ordinances and may exceed in length the terms of office of the members of the council. (1959 Charter)

    Sec. 42.  Section 2.270 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 63, is hereby amended to read as follows:

    Sec. 2.270  Powers of city council: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council may:

    1.  Provide, by contract, franchise of public enterprise, for any utility to be furnished to the city for the residents thereof.

    2.  Provide for the construction of any facility necessary for the provision of such utilities.

    3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lincoln County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

    (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

    (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

    (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.


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ê2001 Statutes of Nevada, Page 2094 (Chapter 416, SB 425)ê

 

    Sec. 43.  Section 6.010 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.

    [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Park projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Underground electric and communication facilities;

    12.  Underpass projects; and

    13.  Water projects.

    Sec. 44.  Section 7.020 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read as follows:

    Sec. 7.020  Acquisition, operation of municipal utilities.

    [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

    Sec. 45.  Section 7.030 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read as follows:

    Sec. 7.030  Water, sewer and electric light and power revenue bonds.

    1.  [The] Except as otherwise provided in section 13 of this act, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties needed in connection with:

    (a) The obtaining of a water supply.

    (b) The conservation, treatment and disposal of sewage waste and storm water.

    (c) The generation and transmittal of electricity for light and power for public and private uses.

    2.  In issuing bonds pursuant to subsection 1, the city council shall follow procedures established in the Local Government Securities Law, as amended from time to time.


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ê2001 Statutes of Nevada, Page 2095 (Chapter 416, SB 425)ê

 

    Sec. 46.  Section 2.300 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to read as follows:

    Sec. 2.300  Powers of board of councilmen: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen may:

    1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

    2.  Provide for the construction of any facility necessary for the provision of such utilities.

    3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

    (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

    (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

    (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    Sec. 47.  Section 6.010 of the charter of the City of Carlin, being chapter 344, Statues of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.

    [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Park projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Underground electric and communication facilities;

    12.  Underpass projects;

    13.  Water projects; and

    14.  Any combination of such projects.


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ê2001 Statutes of Nevada, Page 2096 (Chapter 416, SB 425)ê

 

    Sec. 48.  Section 7.020 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 25, Statutes of Nevada 1977, at page 54, is hereby amended to read as follows:

    Sec. 7.020  Acquisition, operation, sale or lease of municipal utilities.

    [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to special charter cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

    Sec. 49.  Section 2.270 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2750, is hereby amended to read as follows:

    Sec. 2.270  Power of board: Provision of utilities.

    1.  Except as otherwise provided in subsection 2 , [and] section 2.272 [,] and section 13 of this act, the board may:

    (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

    (b) Provide for the construction of any facility necessary for the provision of such utilities.

    (c) Fix the rate to be paid for any utility provided by public enterprise.

    (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical water meters, or similar mechanical devices, to measure the quantity of water delivered to water users.

    2.  The board:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

       (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

       (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the clerk and made available for public inspection during the business hours of the office of the clerk.

    4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

    5.  As used in this section:

    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 50.  Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2751, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.270 , [and] section 2.272 [,] and section 13 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:


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ê2001 Statutes of Nevada, Page 2097 (Chapter 416, SB 425)ê

 

section 13 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Park projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Underground electric and communication facilities;

    12.  Underpass projects; and

    13.  Water projects.

    Sec. 51.  Section 7.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2751, is hereby amended to read as follows:

    Sec. 7.020  Acquisition, operation of municipal utilities, facilities and franchises.  Except as otherwise provided in subsection 2 of section 2.270 , [and] section 2.272 [,] and section 13 of this act, Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as “facilities” or “projects”), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.

    Sec. 52.  Section 2.330 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:

    Sec. 2.330  Powers of board of supervisors: Provision of utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of supervisors may:

    1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

    2.  Provide for the construction of any facility necessary for the provision of such utilities.

    3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

    (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

    (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.


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ê2001 Statutes of Nevada, Page 2098 (Chapter 416, SB 425)ê

 

    (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    Sec. 53.  Section 6.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of supervisors, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Park projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Underground electric and communication facilities;

    12.  Underpass projects; and

    13.  Water projects.

    Sec. 54.  Section 7.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to read as follows:

    Sec. 7.010  Acquisition, operation of municipal utilities.  [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

    Secs. 55-57.  (Deleted by amendment.)

    Sec. 58.  Section 2.280 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2752, is hereby amended to read as follows:

    Sec. 2.280  Powers of city council: Provision of utilities. 

    1.  Except as otherwise provided in subsection 2 , [and] section 2.285 [,] and section 13 of this act, the city council may:

    (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

    (b) Provide for the construction of any facility necessary for the provision of such utilities.

    (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien.


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ê2001 Statutes of Nevada, Page 2099 (Chapter 416, SB 425)ê

 

amount due and unpaid and describing the property subject to the lien. Each such lien must:

         (1) Be coequal with the latest lien thereon to secure the payment of general taxes.

         (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

         (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    2.  The city council:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

         (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

         (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

    4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

    5.  As used in this section:

    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 59.  Section 6.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2753, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.280 , [and] 2.285 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Park projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Telephone projects;

    12.  Transportation projects;

    13.  Underground and aboveground electric and communication facilities;

    14.  Underpass projects;


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    15.  Water projects;

    16.  Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and

    17.  Any combination thereof.

    Sec. 60.  Section 7.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2754, is hereby amended to read as follows:

    Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 2 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof.

    Sec. 61.  Section 2.300 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes of Nevada 1997, at page 2755, is hereby amended to read as follows:

    Sec. 2.300  Powers of city council: Provision of utilities.

    1.  Except as otherwise provided in subsection 2 , [and] section 2.315 [,] and section 13 of this act, the city council may:

    (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.

    (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

    (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

         (1) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.

         (2) No change may be made in any of those schedules except upon 30 days’ notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30‑day period before the hearing.

         (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

         (4) Every utility which is owned or operated by the city shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.


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ê2001 Statutes of Nevada, Page 2101 (Chapter 416, SB 425)ê

 

service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.

    (d) Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. The lien:

         (1) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.

         (2) Is coequal with the latest lien upon that property to secure the payment of general taxes.

         (3) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

         (4) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.

         (5) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

    2.  The city council:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

         (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

         (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

    4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

    5.  As used in this section:

    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 62.  Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 565, Statutes of Nevada 1997, at page 2756, is hereby amended to read as follows:

    Sec. 2.310  Powers of city council: Acquisition or establishment of city utility.

    1.  Except as otherwise provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and section 13 of this act, the city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

    2.  The city council must adopt a resolution which sets forth fully and in detail:


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ê2001 Statutes of Nevada, Page 2102 (Chapter 416, SB 425)ê

 

    (a) The public utility which is proposed to be acquired or established.

    (b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.

    (c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

    (d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.

    3.  The resolution must be published in full at least once a week for 4 successive weeks.

    4.  At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

    5.  A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

    6.  If the proposed ordinance is adopted, without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.


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ê2001 Statutes of Nevada, Page 2103 (Chapter 416, SB 425)ê

 

    Sec. 63.  Section 6.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes of Nevada 1997, at page 2757, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:

    1.  Street lighting projects;

    2.  Underground electric and communication facilities; and

    3.  Any combination of those projects.

    Sec. 64.  Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statues of Nevada 1971, as last amended by chapter 636, Statutes of Nevada 1999, at page 3543, is hereby amended to read as follows:

    Sec. 2.280  Powers of city council: Provision of utilities. 

    1.  Except as otherwise provided in subsection 3 , [and] section 2.285 [,] and section 13 of this act, the city council may:

    (a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located within or without the city.

    (b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

    (c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

       (1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

       (2) No changes may be made in any schedule so filed with the city clerk except upon 30 days’ notice to the inhabitants of the city and a public hearing held thereon. Notice of the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30‑day period before the hearing thereon.

       (3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

       (4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

    (d) Provide, by ordinance, for an additional charge to each business customer and for each housing unit within the city to which water is provided by a utility of up to 25 cents per month.


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ê2001 Statutes of Nevada, Page 2104 (Chapter 416, SB 425)ê

 

provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.

    2.  Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

    (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

    (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

    (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    3.  The city council:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

         (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

         (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    4.  Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

    5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.

    6.  As used in this section:

    (a) “Housing unit” means a:

         (1) Single-family dwelling;

         (2) Townhouse, condominium or cooperative apartment;

         (3) Unit in a multiple-family dwelling or apartment complex; or

         (4) Mobile home.

    (b) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (c) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 65.  Section 6.010 of the charter of the City of North Las Vegas, being chapter 573, Statues of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;


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ê2001 Statutes of Nevada, Page 2105 (Chapter 416, SB 425)ê

 

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Library, park or recreation projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Underground electric and communication facilities;

    12.  Underpass projects; and

    13.  Water projects.

    Sec. 66.  Section 7.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as follows:

    Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

    Sec. 67.  Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1367, is hereby amended to read as follows:

    Sec. 2.140  General powers of city council. 

    1.  Except as otherwise provided in subsection 2 , [and] section 2.150 [,] and section 13 of this act, the city council may:

    (a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.

    (b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.

    (c) Provide or grant franchises for public transportation and utilities.

    (d) Appropriate money for advertising and publicity and for the support of a municipal band.

    (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the city whenever the offense is committed within the city.

    (f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

         (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

         (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.


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         (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    2.  The city council:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

         (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

         (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

    4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

    5.  As used in this section:

    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 68.  Section 6.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2762, is hereby amended to read as follows:

    Sec. 6.010  Local improvement law.  Except as otherwise provided in subsection 2 of section 2.140 , [and] section 2.150 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

    1.  Curb and gutter projects;

    2.  Drainage projects;

    3.  [Offstreet] Off-street parking projects;

    4.  Overpass projects;

    5.  Park projects;

    6.  Sanitary sewer projects;

    7.  Security walls;

    8.  Sidewalk projects;

    9.  Storm sewer projects;

    10.  Street projects;

    11.  Underground electric and communication facilities;

    12.  Underpass projects; and

    13.  Water projects.

    Sec. 69.  Section 7.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2763, is hereby amended to read as follows:

    Sec. 7.020  Acquisition, operation of municipal utilities.  Except as otherwise provided in subsection 2 of section 2.140 , [and] 2.150 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.