κ2001 Statutes of Nevada, Page 2339κ
Senate Bill No. 568Committee on Government Affairs
CHAPTER 457
AN ACT relating to tort claims; allowing the risk management division of the department of administration and the attorney general to assess counties for certain tort claims under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the state treasury the fund for insurance premiums as an internal service fund to be maintained for use by the risk management division of the department of administration and the attorney general.
2. Each state agency shall deposit in the fund:
(a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the risk management division; and
(b) An amount for self-insured tort claims and expenses related to those claims, as determined by the attorney general.
3. Each county shall deposit in the fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the attorney general to:
(a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;
(b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or
(c) Include the employees of the district court under the countys own insurance or other coverage.
4. Expenditures from the fund must be made by the risk management division or the attorney general to an insurer for premiums of state agencies as they become due or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the fund is insufficient to pay a tort claim, it must be paid from the reserve for statutory contingency account.
5. As used in this section, assessment means an amount determined by the risk management division and the attorney general to be equal to the share of a county for:
(a) Applicable insurance premiums;
(b) Other charges for potential liability and tort claims; and
(c) Expenses related to tort claims.
Sec. 2. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2340κ
Senate Bill No. 33Committee on Judiciary
CHAPTER 458
AN ACT relating to probate; providing for the use of electronic wills and electronic trusts; providing for a declaration of attesting witnesses to a will; revising provisions governing the appeal of a contest of a will; revising provisions governing the summary administration of an estate; providing for the application of certain provisions governing estates to provisions governing trusts; revising various other provisions governing probate; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, when the term writing or written is used in reference to a will, the term includes an electronic will.
Sec. 3. Electronic record means a record created, generated or stored by electronic means.
Sec. 4. Electronic signature means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Sec. 5. Electronic will means a testamentary document that complies with the requirements of section 9 of this act.
Sec. 6. Record means information that is inscribed on a tangible medium, or that is stored in an electronic medium and is retrievable in perceivable form.
Sec. 7. NRS 132.025 is hereby amended to read as follows:
132.025 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 132.070 is hereby amended to read as follows:
132.070 Codicil means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.
Sec. 9. Chapter 133 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronic record;
(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;
κ2001 Statutes of Nevada, Page 2341 (Chapter 458, SB 33)κ
(3) Any attempted alteration of the authoritative copy is readily identifiable; and
(4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testators debts.
3. An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this state. An electronic will is valid and has the same force and effect as if formally executed.
4. An electronic will shall be deemed to be executed in this state if the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this state or at his residence in this state; or
(b) Maintained by the testator at his place of business in this state or at his residence in this state.
5. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.
6. As used in this section:
(a) Authentication characteristic means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.
(b) Authoritative copy means the original, unique, identifiable and unalterable electronic record of an electronic will.
(c) Digitized signature means a graphical image of a handwritten signature that is created, generated or stored by electronic means.
Sec. 10. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testators express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.
Sec. 11. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
κ2001 Statutes of Nevada, Page 2342 (Chapter 458, SB 33)κ
(d) A reasonably certain description of the items to be disposed of and the names of the devisees.
(e) The testators handwritten signature [.] or electronic signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testators death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.
Sec. 12. NRS 133.050 is hereby amended to read as follows:
133.050 1. Any [or all of the attesting witnesses to any] attesting witness to a will may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as [they] the witness would be required to testify to in court to prove the will. The declaration or affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.
2. The affidavit described in subsection 1 may be in substantially [in form as follows:] the following form:
State of Nevada }
}ss.
County of ............................... }
(Date) .........................................
Then and there personally appeared ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the foregoing will of the testator, ................; that the testator subscribed the will and declared it to be his last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.
Affiant
Affiant
Subscribed and sworn to before me this .......
day of the month of ....... of the year .......
....................................... Notary Public
3. The declaration described in subsection 1 may be in substantially the following form:
Under penalty of perjury pursuant to the law of the State of Nevada, the undersigned, .................... and ...................., declare that the following is true of their own knowledge: That they witnessed the execution of the foregoing will of the testator, ........................; that the testator subscribed the will and declared it to be his last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.
κ2001 Statutes of Nevada, Page 2343 (Chapter 458, SB 33)κ
and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.
Dated this ......... day of ................, ............
Declarant
Declarant
Sec. 13. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testators domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
3. As used in this section, subscribed includes, without limitation, placing an electronic signature on an electronic will.
Sec. 14. NRS 134.070 is hereby amended to read as follows:
134.070 If the decedent leaves no issue, surviving spouse, or father or mother, and no brother or sister living at the time of death, the estate goes to the next of kin in equal degree, except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors are preferred to those who claim through ancestors more remote. [If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children who may have died, by right of representation.]
Sec. 15. NRS 134.080 is hereby amended to read as follows:
134.080 1. At the death of a child who is under age , who is without issue and who has not been married, all the other children of the parent being also dead, if any of the other children left issue, the estate that came to the child by inheritance from the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child , they are entitled to share the estate equally; otherwise, they are entitled to take according to the right of representation.
2. If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age, without issue and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children of the same parent who may have died, by right of representation.
Sec. 16. Chapter 136 of NRS is hereby amended by adding thereto a new section to read as follows:
An electronic will may be proved by authentication satisfactory to the court.
Sec. 17. NRS 137.140 is hereby amended to read as follows:
137.140 An appeal from a final order determining the contest of a will is governed by the Nevada Rules of Appellate Procedure [.] , and the notice of appeal must be filed with the clerk of the district court not later than 30 days after the date of service of written notice of entry of a final order. A party may make any motion after the determination that is provided by the Nevada Rules of Civil Procedure.
κ2001 Statutes of Nevada, Page 2344 (Chapter 458, SB 33)κ
party may make any motion after the determination that is provided by the Nevada Rules of Civil Procedure.
Sec. 18. NRS 139.010 is hereby amended to read as follows:
139.010 No person is entitled to letters of administration who:
1. Is under the age of majority;
2. Has been convicted of a felony;
3. Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence or lack of integrity or understanding; or
4. Is not a resident of the State of Nevada and who does not associate as coadministrator a resident of the State of Nevada or which, in the case of a banking corporation, is not authorized to do business in this state [or] and does not associate as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this state.
Sec. 19. NRS 139.040 is hereby amended to read as follows:
139.040 1. Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:
(a) The surviving spouse.
(b) The children.
(c) The father or the mother.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in the distribution of the estate.
(g) [Creditors who have become such during the lifetime of the decedent.
(h)] The public administrator.
(h) Creditors who have become such during the lifetime of the decedent.
(i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if [he is a] the person is:
(1) A resident of the State of Nevada or [is a] associates as coadministrator a resident of the State of Nevada; or
(2) A banking corporation which is authorized to do business in this state or which associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this state.
(b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled to appointment is a minor or an incompetent person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incompetent person as administrator.
Sec. 20. NRS 143.037 is hereby amended to read as follows:
143.037 1. Except as otherwise provided in this section, a personal representative shall close an estate within 18 months after appointment.
2. If a claim against the estate is in litigation or in summary determination pursuant to subsection [4] 5 of NRS 145.060 or subsection 2 of NRS 147.130 or the amount of federal estate tax has not been determined, the court, upon petition of a devisee, creditor or heir, shall order that:
κ2001 Statutes of Nevada, Page 2345 (Chapter 458, SB 33)κ
of NRS 147.130 or the amount of federal estate tax has not been determined, the court, upon petition of a devisee, creditor or heir, shall order that:
(a) A certain amount of money, or certain other assets, be retained by the personal representative to:
(1) Satisfy the claim or tax; and
(2) Pay any fees or costs related to the claim or tax, including fees for appraisals, attorneys fees and court costs; and
(b) The remainder of the estate be distributed.
3. If a contest of the will or a proceeding to determine heirship is pending, the court which appointed the personal representative:
(a) Shall order that a certain amount of money, or certain other assets, be retained and the remainder of the estate distributed; or
(b) May, for good cause shown, order that the entire distributable estate be retained pending disposition of the contest or proceeding.
Sec. 21. NRS 143.170 is hereby amended to read as follows:
143.170 [A] Unless approved in advance by a court after application, notice and a hearing on the matter, a personal representative shall not directly or indirectly purchase any property of the estate represented by the personal representative.
Sec. 22. NRS 145.010 is hereby amended to read as follows:
145.010 The provisions of this chapter [shall] apply only to estates of which summary administration [shall be] is ordered. Upon the granting of summary administration, all regular proceedings and further notices required by this Title are waived, except for the notices required by NRS 144.010, 145.060, 145.070 and 145.075.
Sec. 23. NRS 145.060 is hereby amended to read as follows:
145.060 1. A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.
2. Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the personal representative shall allow or reject the claims filed.
[2.] 3. Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.
[3.] 4. Every claim which is filed as provided in this section and allowed by the personal representative, must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.
[4.] 5. If a claim filed by the welfare division of the department of human resources is rejected by the personal representative, the state welfare administrator may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
κ2001 Statutes of Nevada, Page 2346 (Chapter 458, SB 33)κ
Sec. 24. NRS 146.080 is hereby amended to read as follows:
146.080 1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this state, and the gross value of the decedents property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent [under] pursuant to the laws of succession for a decedent who died intestate or [under] pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the state welfare administrator or public administrator on behalf of the state or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiants name and address, and that the affiant is entitled by law to succeed to the property claimed;
(b) [That the decedent was a resident of Nevada at the time of death;] The date and place of death of the decedent;
(c) That the gross value of the decedents property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;
(d) That at least 40 days have elapsed since the death of the decedent [;] , as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;
(e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including funeral and burial expenses, and money owed to the department of human resources as a result of the payment of benefits for Medicaid, have been paid or provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiants claim and describing the property claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;
(i) That the affiant is personally entitled, or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and
(j) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this state.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.
κ2001 Statutes of Nevada, Page 2347 (Chapter 458, SB 33)κ
(b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
6. If any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified [under] pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:
(a) A specific description of all the property of the decedent.
(b) A list of all the liens and mortgages of record at the date of the decedents death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages of any minors, and residences of the decedents heirs and devisees.
(e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.
(f) An attached copy of the executed affidavit made pursuant to subsection 2.
If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.
Sec. 25. NRS 147.110 is hereby amended to read as follows:
147.110 1. Within 15 days after the time for filing claims has expired, as provided in this chapter, the personal representative shall examine all claims filed and shall either endorse on each claim an allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and the year thereof, and the notice of allowance or rejection must be attached to the claim allowed or rejected and filed with the clerk.
2. If a personal representative refuses or neglects to endorse on a claim an allowance or rejection within 15 days, as specified in this section, or does not file a notice of allowance or rejection, the claim shall be deemed rejected, but the personal representative may, nevertheless, allow the claim at any time before the filing of the final account.
3. [If a claim is deemed rejected pursuant to subsection 2, the personal representative must, not more than 10 days after the rejection, provide written notice of the rejection by registered mail to all affected creditors.
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4.] A personal representative need not allow or reject a claim that was not timely filed unless the court otherwise orders.
Sec. 26. NRS 148.220 is hereby amended to read as follows:
148.220 1. Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.
2. If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate consent in writing, the court may waive the requirement of publication.
3. If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may [dispense with] waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or some portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.
[3.] 4. The property proposed to be sold must be described with common certainty in the notice.
Sec. 27. Chapter 150 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of this chapter, the court may waive the requirement of any accounting if all interested persons agree in writing to the waiver.
Sec. 28. NRS 150.180 is hereby amended to read as follows:
150.180 1. If a minor is interested in the estate who has no legally appointed guardian, the court may appoint a disinterested attorney to represent him who may contest the account as any other interested person might contest it.
2. The court may also appoint an attorney to represent unborn, incapacitated or absent heirs and devisees.
3. [All matters, including allowed claims not addressed in the settlement of any former account, or in entering an order of sale, may be contested by interested persons for cause shown.
4.] An attorney so appointed must be paid as provided in NRS 150.060.
Sec. 29. NRS 150.310 is hereby amended to read as follows:
150.310 1. If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom the property was, is or may be transferred or to whom any benefit accrues, except:
[1.] (a) Where a testator otherwise directs in his will.
[2.] (b) Where by written instrument , including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.
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among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.
2. As used in this section, electronic trust has the meaning ascribed to it in section 38 of this act.
Sec. 30. NRS 155.190 is hereby amended to read as follows:
155.190 In addition to any order from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after [its entry from] the notice of entry of an order:
1. Granting or revoking letters testamentary or letters of administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed $50,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the sale of property.
7. Settling an account of a personal representative or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing a personal representative.
10. Directing or allowing the payment of a debt, claim, devise or attorneys fee.
11. Determining heirship or the persons to whom distribution must be made or trust property must pass.
12. Distributing property.
13. Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $5,000.
14. Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.
15. Granting an order for conveyance or transfer pursuant to NRS 148.410.
Sec. 31. NRS 53.045 is hereby amended to read as follows:
53.045 [1. Except as otherwise provided in subsection 2, any] Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:
[(a)] 1. If executed in this state: I declare under penalty of perjury that the foregoing is true and correct.
Executed on ....................................... ............................................................
(date) (signature)
[(b)] 2. If executed outside this state: I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.
Executed on ....................................... ............................................................
(date) (signature)
[2. This section does not dispense with a requirement of a witness to or the authentication of a signature, or the requirements of NRS 133.050 or a similar statute.]
κ2001 Statutes of Nevada, Page 2350 (Chapter 458, SB 33)κ
Sec. 32. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term writing or written is used in reference to a will or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.
Sec. 33. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 40, inclusive, of this act.
Sec. 34. As used in this chapter, unless the context otherwise requires, when the term writing or written is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in section 5 of this act or an electronic trust as defined in section 38 of this act, as appropriate.
Sec. 35. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 36 to 39, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 36. Electronic record has the meaning ascribed to it in section 3 of this act.
Sec. 37. Electronic signature has the meaning ascribed to it in section 4 of this act.
Sec. 38. Electronic trust means a trust instrument that complies with the requirements of section 40 of this act.
Sec. 39. Record has the meaning ascribed to it in section 6 of this act.
Sec. 40. 1. An electronic trust is a trust instrument that:
(a) Is written, created and stored in an electronic record;
(b) Contains the electronic signature of the settlor; and
(c) Meets the requirements set forth in this chapter for a valid trust.
2. An electronic trust shall be deemed to be executed in this state if the electronic trust is:
(a) Transmitted to and maintained by a custodian designated in the trust instrument at his place of business in this state or at his residence in this state; or
(b) Maintained by the settlor at his place of business in this state or at his residence in this state, or by the trustee at his place of business in this state or at his residence in this state.
3. The provisions of this section do not apply to a testamentary trust.
Sec. 41. NRS 163.008 is hereby amended to read as follows:
163.008 1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:
(a) A written instrument signed by the trustee, or by the agent of the trustee if he is authorized in writing to do so; or
(b) A written instrument , including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if he is authorized in writing to do so.
2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
Sec. 42. NRS 163.260 is hereby amended to read as follows:
163.260 1. By an expressed intention of the testator or settlor [so] to do so contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time [of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument.
κ2001 Statutes of Nevada, Page 2351 (Chapter 458, SB 33)κ
[of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in NRS 163.265 to 163.410, inclusive, by reference to the proper section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.
2. A fiduciary shall not exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. Tax includes, but is not limited to, any federal income, gift, estate or inheritance tax.
3. This section does not prevent the incorporation of the powers enumerated in NRS 163.265 to 163.410, inclusive, in any other kind of instrument or agreement.
4. As used in this section, electronic will has the meaning ascribed to it in section 5 of this act.
Sec. 43. NRS 163.590 is hereby amended to read as follows:
163.590 1. [A] Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and the beneficiaries.
(e) The handwritten signature or electronic signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
(d) A writing which has no significance apart from its affect upon the dispositions made by the trust.
Sec. 44. Chapter 164 of NRS is hereby amended by adding thereto a new section to read as follows:
When not otherwise inconsistent with the provisions of chapters 162 to 167, inclusive, of NRS, all of the provisions of chapters 132, 153 and 155 of NRS regulating the matters of estates:
1. Apply to proceedings relating to trusts, as appropriate; or
2. May be applied to supplement the provisions of chapters 162 to 167, inclusive, of NRS.
κ2001 Statutes of Nevada, Page 2352 (Chapter 458, SB 33)κ
Sec. 45. NRS 164.010 is hereby amended to read as follows:
164.010 1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which the trustee resides or conducts business, or in which the trust has been domiciled, shall consider the application to confirm the appointment of the trustee and specify the manner in which the trustee must qualify. Thereafter the court has jurisdiction of the trust as a proceeding in rem.
2. If the court grants the petition, it may consider at the same time any petition for instructions filed with the petition for confirmation.
3. At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
4. As used in this section, written instrument includes, without limitation, an electronic trust as defined in section 38 of this act.
Sec. 46. NRS 164.025 is hereby amended to read as follows:
164.025 1. The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.
2. The notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated................................
Trustee
Address
3. A person having a claim, due or to become due, against a settlor or the trust must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. Any claim against the trust estate not filed within that time is forever barred. After the expiration of the time, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
4. If the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the welfare division of the department of human resources in the manner provided in NRS 155.010. If notice to the welfare division is required by this subsection , but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the welfare division to recover public assistance received.
5. If a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days of the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant.
κ2001 Statutes of Nevada, Page 2353 (Chapter 458, SB 33)κ
written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.
Sec. 47. Chapter 166 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term writing or written is used in reference to a will, trust or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.
Sec. 48. NRS 145.050 is hereby repealed.
________
Senate Bill No. 139Committee on Finance
CHAPTER 459
AN ACT relating to the administration of the courts; revising the manner in which administrative assessments are distributed to the office of the court administrator; requiring the reduction of appropriations made to the supreme court from the state general fund upon the receipt of certain money from those assessments; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49...................................................................................................................................................... $15
50 to 59........................................................................................................................................................... 30
60 to 69........................................................................................................................................................... 35
70 to 79........................................................................................................................................................... 40
80 to 89........................................................................................................................................................... 45
90 to 99........................................................................................................................................................... 50
100 to 199...................................................................................................................................................... 60
200 to 299...................................................................................................................................................... 70
300 to 399...................................................................................................................................................... 80
400 to 499...................................................................................................................................................... 90
500 to 1,000................................................................................................................................................. 105
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
κ2001 Statutes of Nevada, Page 2354 (Chapter 459, SB 139)κ
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
6. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
κ2001 Statutes of Nevada, Page 2355 (Chapter 459, SB 139)κ
court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the justices courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justices court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
7. The money apportioned to a juvenile court, a justices court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received [, to the extent of legislative authorization,] to the following public agencies in the following manner:
(a) Not less than 51 percent [must be distributed] to the office of the court administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.
(5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The central repository for Nevada records of criminal history;
(2) The peace officers standards and training commission;
(3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement;
(4) The fund for the compensation of victims of crime; and
(5) The advisory council for prosecuting attorneys.
9. As used in this section, juvenile court means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
κ2001 Statutes of Nevada, Page 2356 (Chapter 459, SB 139)κ
Sec. 2. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any amount appropriated by the legislature from the state general fund for the support or operation of the supreme court during a fiscal year must be reduced to the extent that the amount of any administrative assessments distributed to the office of the court administrator for allocation to the supreme court pursuant to NRS 176.059 exceeds the amount which is authorized by the legislature for expenditure from those assessments for that fiscal year.
2. The supreme court shall reserve for reversion each fiscal year the amount by which an appropriation from the state general fund must be reduced pursuant to subsection 1, and that amount reverts to the state general fund upon the close of that fiscal year by the state controller.
Sec. 3. 1. This section and section 2 of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.
________
Senate Bill No. 194Committee on Judiciary
CHAPTER 460
AN ACT relating to supervision; ratifying the Interstate Compact for Adult Offender Supervision; renouncing the Interstate Compact for the Supervision of Parolees and Probationers and repealing the provisions relating thereto; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
The Interstate Compact for Adult Offender Supervision is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:
ARTICLE I. PURPOSE
(1) The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions.
(2) The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
κ2001 Statutes of Nevada, Page 2357 (Chapter 460, SB 194)κ
(3) It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community, to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states, and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.
(4) In addition, this compact will create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact, ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines, establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators, monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance, and coordinate training and education regarding regulation of interstate movement of offenders for officials involved in such activity.
(5) The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.
(6) It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(1) Adult means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.
(2) Bylaws means those bylaws established by the Interstate Commission for its governance or for directing or controlling the Interstate Commissions actions or conduct.
(3) Compact administrator means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the states supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(4) Compacting state means any state which has enacted the enabling legislation for this compact.
κ2001 Statutes of Nevada, Page 2358 (Chapter 460, SB 194)κ
(5) Commissioner means the voting representative of each compacting state appointed pursuant to Article IV of this compact.
(6) Interstate Commission means the Interstate Commission for Adult Offender Supervision established by this compact.
(7) Member means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(8) Noncompacting state means any state which has not enacted the enabling legislation for this compact.
(9) Offender means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.
(10) Person means any individual, corporation, business enterprise, or other legal entity, either public or private.
(11) Rules means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
(12) State means a state of the United States, the District of Columbia and any other territorial possession of the United States.
(13) State Council means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article IV of this compact.
ARTICLE III. THE COMPACT COMMISSION
(1) The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(2) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.
(3) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
κ2001 Statutes of Nevada, Page 2359 (Chapter 460, SB 194)κ
(4) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.
(5) The Interstate Commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and Interstate Commission staff, administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the Interstate Commission and performs other duties as directed by the Interstate Commission or set forth in the bylaws.
ARTICLE IV. THE STATE COUNCIL
(1) The Nevada State Council for Interstate Adult Offender Supervision is hereby created. The Nevada State Council for Interstate Adult Offender Supervision consists of the following seven members:
(a) The compact administrator, appointed by the governor, who shall serve as chairman and as commissioner to the Interstate Commission for this state;
(b) Three members appointed by the governor, one of whom must be a representative of an organization supporting the rights of victims of crime;
(c) One member of the senate, appointed by the majority leader of the senate;
(d) One member of the assembly, appointed by the speaker of the assembly; and
(e) One member who is a district judge, appointed by the chief justice of the supreme court of Nevada.
(2) The members of the Nevada State Council for Interstate Adult Offender Supervision serve at the pleasure of the persons who appointed them.
(3) The legislators who are members of the Nevada State Council for Interstate Adult Offender Supervision are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Nevada State Council for Interstate Adult Offender Supervision.
(4) While engaged in the business of the commission, each member of the Nevada State Council for Interstate Adult Offender Supervision is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(5) The Nevada State Council for Interstate Adult Offender Supervision shall develop policies concerning the operation of the compact within this state and shall exercise oversight and advocacy concerning its participation in activities of the Interstate Commission.
κ2001 Statutes of Nevada, Page 2360 (Chapter 460, SB 194)κ
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.
(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.
(4) To enforce compliance with compact provisions, Interstate Commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commissions personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.
(19) To establish uniform standards for the reporting, collecting and exchanging of data.
κ2001 Statutes of Nevada, Page 2361 (Chapter 460, SB 194)κ
ARTICLE VI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
(1) The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(a) Establishing the fiscal year of the Interstate Commission.
(b) Establishing an executive committee and such other committees as may be necessary.
(c) Providing reasonable standards and procedures for:
(i) The establishment of committees; and
(ii) Governing any general or specific delegation of any authority or function of the Interstate Commission.
(d) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting.
(e) Establishing the titles and responsibilities of the officers of the Interstate Commission.
(f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission.
(g) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations.
(h) Providing transition rules for start up administration of the compact.
(i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff
(2) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in his absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(3) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.
κ2001 Statutes of Nevada, Page 2362 (Chapter 460, SB 194)κ
the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.
Section C. Corporate Records of the Interstate Commission
(4) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.
Section D. Qualified Immunity, Defense and Indemnification
(5) The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(6) The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commissions representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
(7) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commissions representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.
(2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.
κ2001 Statutes of Nevada, Page 2363 (Chapter 460, SB 194)κ
(3) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
(4) The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
(5) The Interstate Commissions bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the Government in Sunshine Act, 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the Interstate Commissions internal personnel practices and procedures.
(b) Disclose matters specifically exempted from disclosure by statute.
(c) Disclose trade secrets or commercial or financial information which is privileged or confidential.
(d) Involve accusing any person of a crime or formally censuring any person.
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(f) Disclose investigatory records compiled for law enforcement purposes.
(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity.
κ2001 Statutes of Nevada, Page 2364 (Chapter 460, SB 194)κ
(h) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity.
(i) Specifically relate to the Interstate Commissions issuance of a subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the Interstate Commissions chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.
(7) The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(8) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
(2) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. App. 2, Section 1 et seq., as may be amended (hereinafter APA).
(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.
(4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
(5) When promulgating a rule, the Interstate Commission shall:
(a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule.
(b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available.
(c) Provide an opportunity for an informal hearing.
(d) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
(6) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commissions principal office is located for judicial review of such rule. If the court finds that the Interstate Commissions action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
κ2001 Statutes of Nevada, Page 2365 (Chapter 460, SB 194)κ
the court finds that the Interstate Commissions action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(7) Subjects to be addressed within 12 months after the first meeting must at a minimum include:
(a) Notice to victims and opportunity to be heard.
(b) Offender registration and compliance.
(c) Violations/returns.
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from offenders.
(g) Data collection and reporting.
(h) The level of supervision to be provided by the receiving state.
(i) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.
(j) Mediation, arbitration and dispute resolution.
(8) The existing rules governing the operation of the previous compact superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
(9) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption; provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight
(1) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compacts purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
(3) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.
κ2001 Statutes of Nevada, Page 2366 (Chapter 460, SB 194)κ
(4) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
(5) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
Section C. Enforcement
(6) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, of this compact.
ARTICLE X. FINANCE
(1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commissions annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(3) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, as defined in Article II of this compact, is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
κ2001 Statutes of Nevada, Page 2367 (Chapter 460, SB 194)κ
designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(3) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact (withdrawing state) by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.
(2) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing states intent to withdraw within 60 days of its receipt thereof.
(3) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal.
(4) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
Section B. Default
(5) If the Interstate Commission determines that any compacting state has at any time defaulted (defaulting state) in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission.
(b) Remedial training and technical assistance as directed by the Interstate Commission.
(c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting states legislature, and the State Council.
κ2001 Statutes of Nevada, Page 2368 (Chapter 460, SB 194)κ
(6) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.
(7) Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting states legislature and the State Council of such termination.
(8) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.
(9) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
(10) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
(11) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
Section D. Dissolution of Compact
(12) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
κ2001 Statutes of Nevada, Page 2369 (Chapter 460, SB 194)κ
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION
(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) The laws of this state, other than the constitution of the State of Nevada, that conflict with this compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
(3) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(4) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(5) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(6) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
(7) This state is bound by the bylaws and rules promulgated under this compact only to the extent that the operation of the bylaws and rules does not impose an obligation exceeding any limitation on state power or authority contained in the constitution of the State of Nevada as interpreted by the courts of this state.
Sec. 2. NRS 213.15103 is hereby amended to read as follows:
213.15103 1. If a parolee is incarcerated in a county jail for a violation of a condition of his parole or because his residential confinement is terminated pursuant to NRS 213.15198, the sheriff of that county shall notify the chief. If there are no other criminal charges pending or warrants outstanding for the parolee, the division shall take custody of the parolee within:
κ2001 Statutes of Nevada, Page 2370 (Chapter 460, SB 194)κ
(a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted.
(b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to [NRS 213.180 to 213.210, inclusive.] section 1 of this act.
2. If the division fails to take custody of a parolee within the time required by subsection 1, the division shall reimburse the county in which the jail is situated, at a daily rate to be determined by the board of county commissioners for that county, for the cost of housing the parolee each day the parolee is incarcerated in the jail. If the division does not certify in writing within:
(a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted; or
(b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to [NRS 213.180 to 213.210, inclusive,] section 1 of this act,
that continued incarceration of the parolee is necessary, the sheriff may, if there are no other criminal charges pending or warrants outstanding for the parolee, release him from custody.
3. The provisions of this section do not apply if the division has entered into an agreement with a county that provides otherwise.
Sec. 3. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is probable cause for a hearing by the board, the chief may, after consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole;
(b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or
(c) Suspend his parole and return him to confinement.
2. The chief shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if the prisoner was paroled by the board.
(b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to [NRS 213.180 to 213.210, inclusive.] section 1 of this act. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. If a determination has been made that probable cause exists for the continued detention of a paroled prisoner, the board shall consider the prisoners case within 60 days after his return to the custody of the department of prisons or his placement in residential confinement pursuant to subsection 1.
Sec. 4. NRS 213.180, 213.185, 213.190, 213.200 and 213.210 are hereby repealed.
Sec. 5. This act becomes effective:
1. On July 1, 2001; or
2. Upon enactment of the Interstate Compact for Adult Offender Supervision into law by the 35th jurisdiction,
whichever is later.
________
κ2001 Statutes of Nevada, Page 2371κ
Senate Bill No. 207Committee on Human Resources and Facilities
CHAPTER 461
AN ACT relating to public welfare; requiring the department of human resources to establish, upon approval of the interim finance committee, a program for the provision of medical assistance to certain working persons with disabilities; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon approval of the interim finance committee, the director, through the division of health care financing and policy, shall establish a program for the provision of medical assistance to certain persons who are employed and have disabilities. The director shall establish the program by:
(a) Amending the state plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII);
(b) Amending the state plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XV); or
(c) Obtaining a Medicaid waiver from the federal government to carry out the program.
2. The director may require a person participating in a program established pursuant to subsection 1 to pay a premium or other cost-sharing charges in a manner that is consistent with federal law.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, administrators of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) The state welfare administrator;
(4) The administrator of the division of child and family services; and
(5) The administrator of the division of health care financing and policy.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
κ2001 Statutes of Nevada, Page 2372 (Chapter 461, SB 207)κ
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the division of mental health and developmental services.
Sec. 3. The director of the department of human resources shall submit a proposal for a program to be established pursuant to section 1 of this act to the interim finance committee for its approval at its first meeting after March 1, 2002. The proposal must be designed, to the extent practicable, to:
1. Require no funding from the state general fund; and
2. If approved by the interim finance committee, begin operating based on a schedule to develop and carry out the program that is agreed upon by the department of human resources, the interim finance committee and the Federal Government.
Sec. 4. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2373κ
Senate Bill No. 232Committee on Judiciary
CHAPTER 462
AN ACT relating to juvenile justice; providing for the collection of information on the economic background of each child referred to the system of juvenile justice; requiring each local juvenile probation department to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.910 is hereby amended to read as follows:
62.910 1. The division [of child and family services of the department of human resources] shall establish a standardized system for the reporting, collection, analysis, maintenance and retrieval of information concerning juvenile justice in this state. The division is responsible for the retrieval and analysis of the categories of information contained in the standardized system and the development of any reports from that information.
2. Except as otherwise provided in subsection 4, the standardized system must collect, categorize and maintain the following information from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services , as directed by the department , [of human resources,] regarding each child referred to the system of juvenile justice in this state:
(a) A unique number assigned to the child for identification;
(b) Basic demographic information regarding the child, including, without limitation:
(1) The age, sex and race or other ethnic background of the child; [and]
(2) The composition of the household in which the child resides; and
(3) The economic background of the child;
(c) The charges for which the child is referred;
(d) The dates of any detention of the child;
(e) The nature of the disposition of each referral of the child;
(f) The dates any petitions are filed regarding the child, and the charges set forth in those petitions; and
(g) The disposition of any petitions filed regarding the child, including any applicable findings.
3. In addition to the information required pursuant to subsection 2 and except as otherwise provided in subsection 4, the department [of human resources] shall require the staff of the youth correctional services to collect and transmit the following information to the standardized system regarding each child committed to or otherwise placed in the custody of the division : [of child and family services:]
(a) A record of each placement of the child, including, without limitation, the period of each placement and the services provided to the child during each placement;
(b) The dates of each release of the child, including any release of the child on parole;
κ2001 Statutes of Nevada, Page 2374 (Chapter 462, SB 232)κ
(c) If the child is released on parole, the period of each release and the services provided to the child during each release; and
(d) The nature of or reason for each discharge of the child from the custody of the division . [of child and family services.]
4. The information maintained in the standardized system must not include the name or address of any person.
5. The division [of child and family services] shall adopt such regulations as are necessary to carry out the provisions of this section, including requirements for the transmittal of information required from the juvenile courts, local juvenile probation departments, and the staff of the youth correctional services , as directed by the department , [of human resources,] to the standardized system.
6. Each juvenile court and local juvenile probation department, and the staff of the youth correctional services as directed by the department , [of human resources,] shall comply with the regulations adopted pursuant to subsection 5.
7. On or before January 31 of each year, each local juvenile probation department shall:
(a) Analyze the information it submitted to the standardized system during the previous year pursuant to this section to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice in comparison to the general population;
(b) As necessary, develop appropriate recommendations to address any such disparate treatment; and
(c) Prepare and submit to the division a report which includes the results of the analysis it conducted pursuant to paragraph (a) and any recommendations it developed pursuant to paragraph (b).
8. The division shall annually compile the reports it receives pursuant to subsection 7 and publish a document which includes a compilation of the reports.
9. As used in this section:
(a) Department means the department of human resources.
(b) Division means the division of child and family services of the department.
________
Senate Bill No. 321Senator McGinness
CHAPTER 463
AN ACT relating to public welfare; requiring the state controller to transfer a certain amount of money from the intergovernmental transfer account in the state general fund to the fund for the institutional care of the medically indigent; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The state controller shall, as soon as practicable after June 30, 2001, transfer the sum of $500,000 from the intergovernmental transfer account in the state general fund to the fund for the institutional care of the medically indigent created by NRS 428.470.
κ2001 Statutes of Nevada, Page 2375 (Chapter 463, SB 321)κ
transfer account in the state general fund to the fund for the institutional care of the medically indigent created by NRS 428.470.
2. The money transferred pursuant to subsection 1 may be used to provide assistance to a county for a payment required by an interlocal agreement that became due during the fiscal year 2000-2001.
Sec. 2. This act becomes effective on July 1, 2001.
________
Senate Bill No. 356Senator OConnell
CHAPTER 464
AN ACT relating to the secretary of state; requiring the secretary of state to post a notice advising customers to review the documents on file at the office of the secretary of state for content, completeness and accuracy and indicating the penalty for knowingly offering any false or forged instrument for filing; authorizing the secretary of state to adopt regulations to prevent the filing of false or forged documents; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The secretary of state shall prominently post the following notice at each office and each location on his Internet website at which documents are accepted for filing:
The Secretary of State is not responsible for the content, completeness or accuracy of any document filed in this office. Customers should periodically review the documents on file in this office to ensure that the documents pertaining to them are complete and accurate.
Pursuant to NRS 239.330, any person who knowingly offers any false or forged instrument for filing in this office is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and may be further punished by a fine of not more than $10,000. Additionally, any person who knowingly offers any false or forged instrument for filing in this office may also be subject to civil liability.
2. The secretary of state may adopt regulations prescribing procedures to prevent the filing of false or forged documents in his office.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2376κ
Senate Bill No. 402Senators Rawson, Amodei, Care, Mathews, McGinness, Neal, ODonnell, Schneider, Shaffer, Titus, Washington and Wiener
CHAPTER 465
AN ACT relating to health care; expanding the authority of the legislative committee on health care to review certain issues relating to long-term care; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
Whereas, The requirement that persons in this state impoverish themselves to become eligible for long-term care benefits places many persons in need of long-term care in a very difficult situation when determining how to receive the health care services that they need to survive; and
Whereas, The growing number of persons in need of long-term care is of grave concern to the legislature; and
Whereas, Issues relating to long-term care would be most appropriately reviewed by a permanent task force; and
Whereas, Until such a task force is established, those issues would be most appropriately reviewed by the legislative committee on health care; now therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439B.220 is hereby amended to read as follows:
439B.220 The committee may:
1. Review and evaluate the quality and effectiveness of programs for the prevention of illness.
2. Review and compare the costs of medical care among communities in Nevada with similar communities in other states.
3. Analyze the overall system of medical care in the state to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources.
4. Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of these services.
5. Examine hospitals to:
(a) Increase cooperation among hospitals;
(b) Increase the use of regional medical centers; and
(c) Encourage hospitals to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways.
6. Examine medical malpractice.
7. Examine the system of education to coordinate:
(a) Programs in health education, including those for the prevention of illness and those which teach the best use of available medical services; and
(b) The education of those who provide medical care.
κ2001 Statutes of Nevada, Page 2377 (Chapter 465, SB 402)κ
8. Review competitive mechanisms to aid in the reduction of the costs of medical care.
9. Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical care provided by physicians.
10. Examine the effectiveness of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services, and its effect on the subjects listed in subsections 1 to 9, inclusive.
11. Determine whether regulation by the state will be necessary in the future by examining hospitals for evidence of:
(a) Degradation or discontinuation of services previously offered, including without limitation, neonatal care, pulmonary services and pathology services; or
(b) A change in the policy of the hospital concerning contracts,
as a result of any legislation enacted to accomplish the purpose of restraining the costs of health care while ensuring the quality of services.
12. Study the effect of the acuity of the care provided by a hospital upon the revenues of hospital and upon limitations upon that revenue.
13. Review the actions of the director in administering the provisions of this chapter and adopting regulations pursuant to those provisions. The director shall report to the committee concerning any regulations proposed or adopted pursuant to this chapter.
14. Identify and evaluate, with the assistance of an advisory group, the alternatives to institutionalization for providing long-term care, including, without limitation:
(a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this state;
(b) A determination of the effects of the various methods of providing long-term care services on the quality of life of persons receiving those services in this state;
(c) A determination of the personnel required for each method of providing long-term care services in this state; and
(d) A determination of the methods for funding the long-term care services provided to all persons who are receiving or who are eligible to receive those services in this state.
15. Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through Medicare and long-term care services provided through Medicaid in this state.
16. Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this state impoverish themselves as a condition of receiving assistance for long-term care.
17. Conduct investigations and hold hearings in connection with its review and analysis.
[15.] 18. Apply for any available grants and accept any gifts, grants or donations to aid the committee in carrying out its duties pursuant to this chapter.
[16.] 19. Direct the legislative counsel bureau to assist in its research, investigations, review and analysis.
κ2001 Statutes of Nevada, Page 2378 (Chapter 465, SB 402)κ
[17.] 20. Recommend to the legislature as a result of its review any appropriate legislation.
Sec. 2. This act becomes effective on July 1, 2001.
________
Senate Bill No. 431Committee on Finance
CHAPTER 466
AN ACT making an appropriation to the Department of Museums, Library and Arts for grants for library collections and equipment requirements; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $1,241,690 for grants for library collections and equipment requirements.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 432Committee on Finance
CHAPTER 467
AN ACT making an appropriation to the Department of Museums, Library and Arts for the purchase of computer software and equipment; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $137,518 for the purchase of computer software and equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2379κ
Senate Bill No. 435Committee on Finance
CHAPTER 468
AN ACT making an appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for new and replacement equipment, maintenance, and new and replacement computer hardware and software at the Nevada Mental Health Institute; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $439,828 for new and replacement equipment, maintenance, and new and replacement computer hardware and software at the Nevada Mental Health Institute.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 436Committee on Finance
CHAPTER 469
AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment, operating expenses, and new and replacement computer hardware and software for the Rural Regional Center of the Division of Mental Health and Developmental Services; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $33,391 for new and replacement equipment, operating expenses and new and replacement computer hardware and software for the Rural Regional Center of the Division of Mental Health and Developmental Services to be distributed as follows:
1. For new and replacement equipment........................................................................................ $24,503
2. For operating expenses for fiscal year 2001-2002.................................................................. $4,444
3. For operating expenses for fiscal year 2002-2003.................................................................. $4,444
κ2001 Statutes of Nevada, Page 2380 (Chapter 469, SB 436)κ
Sec. 2. 1. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
2. Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
3. Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. This section and subsection 1 of section 1 of this act become effective upon passage and approval.
2. Subsection 2 of section 1 of this act becomes effective on July 1, 2001.
3. Subsection 3 of section 1 of this act becomes effective on July 1, 2002.
________
Senate Bill No. 437Committee on Finance
CHAPTER 470
AN ACT making an appropriation to the National Judicial College to assist in securing public and private grants and other funding for support during the 2001-2003 biennium; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the National Judicial College the sum of $450,000 to assist in securing public and private grants and other funding for support during the 2001-2003 biennium.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2381κ
Senate Bill No. 438Committee on Finance
CHAPTER 471
AN ACT making an appropriation to the Louis W. McHardy National College of Juvenile and Family Justice to assist in securing public and private grants and other funding for support during the 2001-2003 biennium; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Louis W. McHardy National College of Juvenile and Family Justice the sum of $250,000 to assist in securing public and private grants and other funding for support during the 2001-2003 biennium.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 439Committee on Finance
CHAPTER 472
AN ACT making an appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for new and replacement equipment and computer hardware and software at the Desert Regional Center; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $160,581 for new and replacement equipment and computer hardware and software at the Desert Regional Center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2382κ
Senate Bill No. 440Committee on Finance
CHAPTER 473
AN ACT making an appropriation to the Division of Mental Health and Developmental Services of the Department of Human Resources for new and replacement equipment and computer hardware and software at the Sierra Regional Center; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Mental Health and Developmental Services of the Department of Human Resources the sum of $120,512 for new and replacement equipment and computer hardware and software at the Sierra Regional Center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 441Committee on Finance
CHAPTER 474
AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment and computer hardware and software at the Rural Clinics; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $163,524 for new and replacement equipment and computer hardware and software at the Rural Clinics to be distributed as follows:
1. For equipment ............................................................................................................................. $154,644
2. For operating expenses for fiscal year 2001-2002 ................................................................... $4,440
3. For operating expenses for fiscal year 2002-2003 ................................................................... $4,440
Sec. 2. 1. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
κ2001 Statutes of Nevada, Page 2383 (Chapter 474, SB 441)κ
2. Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
3. Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. This section and subsection 1 of section 1 of this act become effective upon passage and approval.
2. Subsection 2 of section 1 of this act becomes effective on July 1, 2001.
3. Subsection 3 of section 1 of this act becomes effective on July 1, 2002.
________
Senate Bill No. 448Committee on Finance
CHAPTER 475
AN ACT relating to recreation; revising the particular purposes and extending the periods for the expenditure of certain money previously appropriated to the Division of State Parks of the State Department of Conservation and Natural Resources for park improvement projects; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 201, Statutes of Nevada 1995, as last amended by section 2 of chapter 567, Statutes of Nevada 1999, at page 2972, is hereby amended to read as follows:
Sec. 3. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth:
1. In paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1996-97;
2. In paragraphs (f) and (g) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1998-99; [and]
3. In paragraphs [(a),] (c) and (d) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2000-01 [.] ; and
4. In paragraph (a) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2002-03.
κ2001 Statutes of Nevada, Page 2384 (Chapter 475, SB 448)κ
Sec. 2. Section 5 of chapter 201, Statutes of Nevada 1995, as last amended by section 3 of chapter 567, Statutes of Nevada 1999, at page 2972, is hereby amended to read as follows:
Sec. 5. Any remaining balance of the appropriations made by section 2 of chapter 201, Statutes of Nevada 1995:
1. For use as provided in paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of that section, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
2. For use as provided in paragraphs (f) and (g) of subsection 1 of that section, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
3. For use as provided in paragraphs [(a),] (c) and (d) of subsection 1 of that section, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
4. For use as provided in paragraph (a) of subsection 1 of that section, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. Section 1 of chapter 536, Statutes of Nevada 1997, as amended by section 4 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:
Section 1. There is hereby appropriated from the state general fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,566,393 for park improvement projects. The money must be used as follows:
1. Fort Churchill State Historic Park, Kershaw-Ryan State Park or other parks or recreation areas, $30,000.
2. Lake Tahoe Nevada State Park, Valley of Fire State Park or other parks or recreation areas, $295,603.
3. Spring Valley State Park [,] or other parks or recreation areas, $258,338.
4. Big Bend State Recreation Area, $192,191.
5. Valley of Fire State Park, $49,096.
6. Rye Patch State Recreation Area , [or] Ward Charcoal Ovens State Historic Park, Valley of Fire State Park or other parks or recreation areas, $415,308.
7. Lahontan State Recreation Area, $40,250.
8. Floyd Lamb State Park, Valley of Fire State Park or other parks or recreation areas, $35,607.
9. To prepare a preliminary master plan to provide direction for the development and operation of a historic park in Las Vegas, $250,000.
Sec. 4. Section 2 of chapter 536, Statutes of Nevada 1997, as amended by section 5 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:
Sec. 2. The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the Division of State Parks of the State Department of Conservation and Natural Resources for the purposes set forth:
κ2001 Statutes of Nevada, Page 2385 (Chapter 475, SB 448)κ
1. In subsections 4, 5, 7 and 9 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year 1998-1999; and
2. In subsections 1, 2, 3, 6 and 8 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year [2000-01.] 2002-03.
Sec. 5. Section 4 of chapter 536, Statutes of Nevada 1997, as amended by section 6 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:
Sec. 4. Any remaining balance of the appropriation made by section 1 of chapter 536, Statutes of Nevada 1997:
1. For use as provided in subsections 4, 5, 7 and 9 of that section must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
2. For use as provided in subsections 1, 2, 3, 6 and 8 of that section must not be committed for expenditure after June 30, [2001,] 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $500,000 for improvement projects at state parks.
Sec. 7. Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 8. This act becomes effective upon passage and approval.
________
Senate Bill No. 450Committee on Finance
CHAPTER 476
AN ACT making an appropriation to the State Department of Agriculture for vehicles and new equipment; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the State Department of Agriculture the sum of $202,440 for vehicles and new equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2386κ
Senate Bill No. 455Committee on Finance
CHAPTER 477
AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment, and hardware and software at the Lakes Crossing Center; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $92,100 for new and replacement equipment, and hardware and software at the Lakes Crossing Center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 456Committee on Finance
CHAPTER 478
AN ACT making an appropriation to the Division of Child and Family Services of the Department of Human Resources for new and replacement equipment at the Southern Nevada Child and Adolescent Services Juvenile Treatment Facility; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Child and Family Services of the Department of Human Resources the sum of $148,150 for new and replacement equipment at the Southern Nevada Child and Adolescent Services Juvenile Treatment Facility.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2387κ
Senate Bill No. 457Committee on Finance
CHAPTER 479
AN ACT relating to state financial administration; making an appropriation to the Department of Museums, Library and Arts for a conservation laboratory; extending the reversion date for a prior appropriation made to the Department; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Museums, Library and Arts the sum of $40,000 for a conservation laboratory.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. Section 2 of chapter 613, Statutes of Nevada 1999, at page 3342, is hereby amended to read as follows;
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after [June 30, 2001,] December 31, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 461Committee on Finance
CHAPTER 480
AN ACT making an appropriation to the University and Community College System of Nevada for new and replacement equipment and associated software in the computing center; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $2,523,863 for new and replacement equipment and associated software in the computing center.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2388κ
Senate Bill No. 478Committee on Taxation
CHAPTER 481
AN ACT relating to motor vehicles; authorizing the state department of conservation and natural resources to develop and carry out a program to encourage certain persons to use clean-burning fuel in motor vehicles; and providing other matters properly relating thereto.
[Approved: June 6, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 486A of NRS is hereby amended by adding thereto a new section to read as follows:
1. After consulting with the department of business and industry, the department may, within limits of legislative appropriations or authorizations or grants available for this purpose, develop and carry out a program to provide incentives to encourage those persons who are not otherwise required to do so pursuant to NRS 486A.010 to 486A.180, inclusive, to use clean-burning fuel in motor vehicles. The program may include, without limitation, a method of educating the members of the general public concerning:
(a) The program administered by the department; and
(b) The benefits of using clean-burning fuel in motor vehicles.
2. The department may adopt regulations to carry out the provisions of this section.
3. As used in this section:
(a) Clean-burning fuel has the meaning ascribed to alternative fuel in 10 C.F.R. § 490.2.
(b) Department means the state department of conservation and natural resources.
(c) Motor vehicle has the meaning ascribed to it in NRS 365.050.
Sec. 2. NRS 486A.020 is hereby amended to read as follows:
486A.020 As used in [this chapter] NRS 486A.010 to 486A.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 486A.140 is hereby amended to read as follows:
486A.140 The provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, do not apply to:
1. The owner of a fleet of motor vehicles that operates only in a county whose population is less than 100,000.
2. Any governmental agency exempted by federal statute or regulation.
3. Any person exempted by the commission.
Sec. 4. NRS 486A.150 is hereby amended to read as follows:
486A.150 The commission shall adopt regulations necessary to carry out the provisions of [this chapter,] NRS 486A.010 to 486A.180, inclusive, including, but not limited to, regulations concerning:
1. Standards and requirements for alternative fuel. The commission shall not discriminate against any product that is petroleum based.
κ2001 Statutes of Nevada, Page 2389 (Chapter 481, SB 478)κ
2. The conversion of fleets to use alternative fuels if the fleet is operated in a county whose population is 100,000 or more.
3. Standards for alternative fuel injection systems for diesel motor vehicles.
4. Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.
5. The establishment of a procedure for approving exemptions to the requirements of [this chapter.] NRS 486A.010 to 486A.180, inclusive.
Sec. 5. NRS 486A.160 is hereby amended to read as follows:
486A.160 1. The department shall:
(a) Make such determinations and issue such orders as may be necessary to carry out the provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive;
(b) Enforce the regulations adopted by the commission pursuant to the provisions of [this chapter;] NRS 486A.010 to 486A.180, inclusive; and
(c) Conduct any investigation, research or study necessary to carry out the provisions of [this chapter.] NRS 486A.010 to 486A.180, inclusive.
2. Upon request, the department of motor vehicles and public safety shall provide to the department information contained in records of registration of motor vehicles.
Sec. 6. NRS 486A.170 is hereby amended to read as follows:
486A.170 1. An authorized representative of the department may enter and inspect any fleet of 10 or more motor vehicles that is subject to the requirements of [this chapter] NRS 486A.010 to 486A.180, inclusive, to ascertain compliance with the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and regulations adopted pursuant thereto.
2. A person who owns or leases a fleet of 10 or more vehicles shall not:
(a) Refuse entry or access to the motor vehicles to any authorized representative of the department who requests entry for the purpose of inspection as provided in subsection 1.
(b) Obstruct, hamper or interfere with any such inspection.
3. If requested by the owner or lessor of a fleet of motor vehicles, the department shall prepare a report of an inspection made pursuant to subsection 1 setting forth all facts determined which relate to the owners or lessors compliance with the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and any regulations adopted pursuant thereto.
Sec. 7. NRS 486A.180 is hereby amended to read as follows:
486A.180 1. Except as otherwise provided in subsection 4, any person who violates any provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of [this chapter] NRS 486A.010 to 486A.180, inclusive, or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of [this chapter] NRS 486A.010 to 486A.180, inclusive, and regulations in force pursuant thereto, by injunction or other appropriate remedy. The commission or the director of the department [of conservation and natural resources] may institute and maintain in the name of the State of Nevada any such enforcement proceeding.
κ2001 Statutes of Nevada, Page 2390 (Chapter 481, SB 478)κ
4. A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.
5. The commission and the department shall deposit all money collected pursuant to this section in the state general fund. Money deposited in the state general fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.
________
Assembly Bill No. 4Committee on Ways and Means
CHAPTER 482
AN ACT relating to prison industries; allowing money in the fund for new construction of facilities for prison industries to be used to expand existing industries; creating the committee on industrial programs; specifying the powers and duties of the committee on industrial programs; repealing the statutes creating and governing the advisory board on industrial programs; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The committee on industrial programs is hereby created.
2. The committee on industrial programs consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the committee on industrial programs shall select a chairman from among their membership.
4. Each member of the committee on industrial programs appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, each legislator who is a member of the committee on industrial programs is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee on industrial programs or is otherwise engaged in the work of the committee on industrial programs. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the committee on industrial programs in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the committee on industrial programs is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
κ2001 Statutes of Nevada, Page 2391 (Chapter 482, AB 4)κ
on industrial programs is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the committee on industrial programs is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.
Sec. 3. 1. The committee on industrial programs shall:
(a) Be informed on issues and developments relating to industrial programs for correctional institutions;
(b) Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
(c) Report to the legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;
(d) Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;
(e) Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists;
(f) Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program; and
(g) Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the committee on industrial programs determines that a program is not operating profitably within 3 years after its establishment, the committee on industrial programs shall report its finding to the director with a recommendation regarding whether the program should be continued or terminated.
2. Upon the request of the committee on industrial programs, the director and the assistant director for industrial programs shall provide to the committee on industrial programs any information the committee on industrial programs determines is relevant to the performance of the duties of the committee on industrial programs.
Sec. 4. NRS 209.011 is hereby amended to read as follows:
209.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS [209.015] 209.021 to 209.085, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 209.192 is hereby amended to read as follows:
209.192 1. There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. The director shall deposit in the fund the deductions made pursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the fund must only be expended to house new industries or expand existing industries in the industrial program [which will] to provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program [.] unless the existing industry is being expanded to provide additional employment of offenders.
κ2001 Statutes of Nevada, Page 2392 (Chapter 482, AB 4)κ
2. Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 6. NRS 209.459 is hereby amended to read as follows:
209.459 The director shall present the recommendations of the [advisory board] committee on industrial programs to the board of state prison commissioners and, with the approval of the board of state prison commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.
Sec. 7. NRS 209.015, 209.4813 and 209.4814 are hereby repealed.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 21Assemblywoman Cegavske
CHAPTER 483
AN ACT relating to traffic laws; requiring a court to order a person who is convicted of a second offense of driving under the influence of intoxicating liquor or a controlled substance within 7 years to attend a program of treatment for the abuse of alcohol or drugs; increasing the amount of time that such a person may be placed under the clinical supervision of a treatment facility; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
κ2001 Statutes of Nevada, Page 2393 (Chapter 483, AB 21)κ
(3) Fine him not less than $400 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court [:
(1) Shall sentence] shall:
(1) Sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;
(2) [Shall fine] Fine him not less than $750 nor more than $1,000;
(3) [Shall order] Order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) [May order] Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation.
κ2001 Statutes of Nevada, Page 2394 (Chapter 483, AB 21)κ
served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, offense means:
(a) A violation of NRS 484.379 or 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
Sec. 2. NRS 484.37945 is hereby amended to read as follows:
484.37945 1. When a program of treatment is ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for a period not [less than 30 days nor more than 6 months,] to exceed one year, in accordance with the report submitted to the court pursuant to subsection 3, 4 or 5 of NRS 484.37943. The court [may:] shall:
(a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
κ2001 Statutes of Nevada, Page 2395 (Chapter 483, AB 21)κ
treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment facility is not liable for any damages to person or property caused by a person who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.
________
Assembly Bill No. 60Assemblyman Beers
CHAPTER 484
AN ACT relating to meetings of public bodies; requiring a public body to post additional notice of its meetings on its website on the Internet if the public body maintains such a website; providing an exception; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.
2. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting.
(b) A list of the locations where the notice has been posted.
(c) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.
(3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).
3. Minimum public notice is:
κ2001 Statutes of Nevada, Page 2396 (Chapter 484, AB 60)κ
(a) Posting a copy of the notice at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and
(b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent. The notice must be delivered to the postal service used by the body not later than 9 a.m. of the third working day before the meeting.
4. If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
5. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
(c) Any other supporting material provided to the members of the body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law.
[5.] 6. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 2. This act becomes effective on January 1, 2003.
________
κ2001 Statutes of Nevada, Page 2397κ
Assembly Bill No. 505Committee on Ways and Means
CHAPTER 485
AN ACT making an appropriation to the State Department of Conservation and Natural Resources for replacement equipment for the Division of State Parks; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $329,107 for replacement equipment for the Division of State Parks.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 508Committee on Ways and Means
CHAPTER 486
AN ACT making appropriations to the State Department of Conservation and Natural Resources for new and replacement equipment for the Division of Water Resources and to the account for the channel clearance, maintenance, restoration, surveying and monumenting program; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the State Department of Conservation and Natural resources the sum of $169,411 for new and replacement equipment for the Division of Water Resources.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. There is hereby appropriated from the state general fund to the account for the channel clearance, maintenance, restoration, surveying and monumenting program created by NRS 532.230 the sum of $100,000.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2398κ
Assembly Bill No. 510Committee on Ways and Means
CHAPTER 487
AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for equipment for the suppression of forest fires; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $36,975 for equipment for the suppression of forest fires.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 519Committee on Ways and Means
CHAPTER 488
AN ACT making an appropriation to the Department of Taxation for implementation of Phase II of the Business Process Re-Engineering Project, development of a scanning and imaging system, and enhancement of the Local Government Financial Reporting System; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Taxation the sum of $2,175,000 to be allocated as follows:
1. For implementation of Phase II of the Business Process Re-Engineering Project, the sum of $1,300,000
2. For development of a document scanning and imaging system, the sum of.............. $800,000
3. For enhancement of the Local Government Financial Reporting System, the sum of $75,000
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2399κ
Assembly Bill No. 521Committee on Ways and Means
CHAPTER 489
AN ACT making an appropriation to the Governor for support of the Nevada Commission for National and Community Service; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Governor the sum of $325,000 to grant to the Nevada Commission for National and Community Service for use as matching money to obtain additional federal funding to continue its programs dedicated to promoting citizen volunteerism.
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Commission for National and Community Service agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Commission for National and Community Service through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the Nevada Commission for National and Community Services books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2400κ
Assembly Bill No. 555Committee on Government Affairs
CHAPTER 490
AN ACT relating to public employees retirement; revising the allowances that may be paid to a retired employee who accepts employment or an independent contract with a public employer under the public employees retirement system in a position for which there is a critical labor shortage; restricting the purchase of service credit by certain members of the system; limiting the circumstances under which contributions paid toward the purchase of service credit may be refunded; providing for the immediate assessment of a penalty if a payroll report is not filed or public employer contributions are not remitted in a timely manner; requiring the public employees retirement board to conduct an experience study on the system of the employment of certain retired employees; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of subsections 1 and 2 of NRS 286.520 do not apply to a retired employee who accepts employment or an independent contract with a public employer under the system if:
(a) He fills a position for which there is a critical labor shortage; and
(b) At the time of his reemployment, he is receiving:
(1) An unmodified benefit; or
(2) A benefit actuarially reduced pursuant to subsection 6 of NRS 286.510 and has reached the required age at which he could have retired with an unmodified benefit.
2. A retired employee who is reemployed under the circumstances set forth in subsection 1 may reenroll in the system as provided in NRS 286.525.
3. Positions for which there are critical labor shortages must be determined as follows:
(a) Except as otherwise provided in this subsection, the state board of examiners shall designate positions in state government for which there are critical labor shortages.
(b) The supreme court shall designate positions in the judicial branch of state government for which there are critical labor shortages.
(c) The board of regents shall designate positions in the University and Community College System of Nevada for which there are critical labor shortages.
(d) The department of education shall designate positions with the various school districts for which there are critical labor shortages.
(e) The governing body of a local government shall designate positions with the local government for which there are critical labor shortages.
(f) The board shall designate positions with the system for which there are critical labor shortages.
4. In determining whether a position is a position for which there is a critical labor shortage, the designating authority shall give consideration to:
κ2001 Statutes of Nevada, Page 2401 (Chapter 490, AB 555)κ
(a) The history of the rate of turnover for the position;
(b) The number of openings for the position and the number of qualified candidates for those openings;
(c) The length of time the position has been vacant; and
(d) The success of recruiting persons in other states to fill the position.
Sec. 2. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, assistant investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, assistant investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.
2. The executive officer, operations officer, investment officer, assistant investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373. The salaries of these employees are exempt from the limitations of NRS 281.123.
3. The executive officer must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The operations officer and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
5. Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 3. NRS 286.200 is hereby amended to read as follows:
286.200 1. Subject to the limitations of this chapter, the board shall, from time to time, establish rules and regulations for transacting its business and for administering the system [.] as a public agency. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law.
2. No rule [shall be] is effective until 10 days after all of the following conditions have been substantially met:
(a) A copy of the rule, in the form in which the board proposes it, [shall] must be delivered, within 30 days after the board proposes it, to all public employers participating in the system.
(b) As soon as a public employer receives a copy of the proposed rule, the public employer immediately shall cause the copy to be posted on a bulletin board or in some conspicuous place in or near its headquarters.
(c) [Whenever] If the board deems a proposed rule to be of such length or of such other nature that it cannot feasibly be publicized by delivery and posting, [then] a summary of the proposed rule [shall] must be delivered and posted in the manner and within the time required by paragraphs (a) and (b) of this subsection for copies of proposed rules.
κ2001 Statutes of Nevada, Page 2402 (Chapter 490, AB 555)κ
posted in the manner and within the time required by paragraphs (a) and (b) of this subsection for copies of proposed rules.
(d) There [shall] must likewise be posted a notice stating that, at a specifically designated time and place at least 15 days after the delivery of the copy of the proposed rule or summary, a hearing on the proposed rule [shall] will be held, at which hearing all interested persons [shall] have an opportunity to be heard and after which the board may adopt the proposed rule in the form in which it is originally proposed or with such amendments as are deemed necessary by the board as a result of the hearing.
(e) A copy of the rule, in the form in which the board finally [promulgates it, shall] adopts it, must be filed with the secretary of state.
Sec. 4. NRS 286.300 is hereby amended to read as follows:
286.300 Except as otherwise required as a result of NRS 286.537:
1. Any member of the system may , except as otherwise provided in subsection 4, purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.
2. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who has 5 years of creditable service may , except as otherwise provided in subsection 4, purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.
3. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who:
(a) Is a licensed teacher;
(b) Has 5 years of creditable service;
(c) Is, pursuant to statute, regulation or contract, entitled to payment for unused sick leave; and
(d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,
may , except as otherwise provided in subsection 4, cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the system must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.
4. A person who becomes a member of the system for the first time on or after January 1, 2000, may, on or after July 1, 2001, purchase creditable service pursuant to subsection 1 or 2, or cause to be purchased on his behalf service credit pursuant to subsection 3, only if, at the time of the purchase, he is employed by a participating public employer in a position whose occupant is thereby eligible for membership in the system.
5. Any member of the system may use:
(a) All or any portion of the balance of the members interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); or
κ2001 Statutes of Nevada, Page 2403 (Chapter 490, AB 555)κ
(b) The money contained in an individual retirement account or an individual retirement annuity of a member, the entire amount of which is:
(1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); and
(2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,
to purchase creditable service pursuant to subsection 1 or 2.
6. A member of the system who purchases creditable service pursuant to subsection 1 or 2 is entitled to receive a refund of any contributions paid toward the purchase of the service only if he is no longer in the employ of a participating public employer.
7. If a member of the system enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.
Sec. 5. NRS 286.430 is hereby amended to read as follows:
286.430 1. Except as otherwise provided in subsection 8 [,] and NRS 286.300, a member may withdraw the employee contributions credited to his individual account if:
(a) He has terminated service for which contribution is required; or
(b) He is employed in a position for which contribution is prohibited.
2. The system shall not refund these contributions until it has received:
(a) A properly completed application for refund;
(b) A notice of termination from the members public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited; and
(c) Except as otherwise provided in subsection 3, all contributions withheld from such members compensation.
3. If a member submits an application for a refund of his contributions before all of his contributions which were withheld have been remitted, the system may refund the portion of his contributions which it has received.
4. If it is determined, after the system has refunded the contributions of a member, that an additional amount of less than $10 is due to him, a refund of that amount need not be paid.
5. Refunds, pursuant to this section, must be made by check mailed to the address specified by a member in his application for refund.
6. The system shall transfer all money retained pursuant to subsection 4 and the amount of any unclaimed refund checks to the public employees retirement fund or the police and firemens retirement fund.
7. All membership rights and active service credit in the system, including service for which the public employer paid the employee contributions, are canceled upon the withdrawal of contributions from a members account.
8. A member who transfers to a position for which contribution is prohibited must remain in that position for at least 90 days before he is eligible to receive a refund pursuant to this section.
Sec. 6. NRS 286.460 is hereby amended to read as follows:
286.460 1. Each participating public employer which pays compensation to its officers or employees in whole or in part from money received from sources other than money appropriated from the state general fund, shall pay public employer contributions, or the proper portion thereof, to the system from the money of the department, board, commission or agency.
κ2001 Statutes of Nevada, Page 2404 (Chapter 490, AB 555)κ
fund, shall pay public employer contributions, or the proper portion thereof, to the system from the money of the department, board, commission or agency.
2. Public employer contributions for compensation paid from the state general fund must be paid directly by each department, board, commission or other agency concerned, and allowance therefor must be made in the appropriation made for each department, board, commission or other state agency.
3. All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the system. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer.
4. Payroll reports must contain accurate payroll information [deemed necessary] and be filed in a form prescribed by the board. If the payroll reports are not filed or the amounts due are not remitted within the time provided, a penalty on the unpaid balance due must be assessed at a rate of 4 percent more than the prime rate of interest as published in the Wall Street Journal (Western Edition) for the first date the payment or report becomes delinquent . [prorated for the period delinquent, on the unpaid balance due must be assessed at the time of receipt of the payment or report.]
5. A notice of the penalty assessed must be mailed by certified mail to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month must be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The retirement board may accept, no later than 30 days after the notice is received, an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.
6. Except as otherwise required as a result of NRS 286.537, upon notification that a current employee was not properly enrolled in the system by the public employer, the public employer shall pay within 90 days all the employee and employer contributions and the interest that is due as computed by the system from the first day the employee was eligible for membership. The public employer is entitled to recover from the employee the employee contributions and interest thereon.
7. As used in this section, reporting period means the calendar month for which members compensation and service credits are reported and certified by participating public employers. Compensation paid during each month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.
Sec. 7. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in [subsections 4, 5 and 6] this section and NRS 286.525, and section 1 of this act, the consequences of the employment of a retired employee are:
κ2001 Statutes of Nevada, Page 2405 (Chapter 490, AB 555)κ
(a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:
(1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in this system.
(b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system, his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the system:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a);
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and
(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),
of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.
4. If a retired employee who accepts employment or an independent contract with a public employer under this system pursuant to this section elects not to reenroll in the system pursuant to subsection 1 of NRS 286.525, the public employer with which the retired employee accepted employment or an independent contract may pay contributions on behalf of the retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who is employed in a similar position.
5. If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.
κ2001 Statutes of Nevada, Page 2406 (Chapter 490, AB 555)κ
[5.] 6. The system may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
[6.] 7. A person who accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.
Sec. 8. The public employees retirement board shall conduct an experience study on the public employees retirement system of the employment of retired public employees by public employers that participate in the public employees retirement system pursuant to section 1 of this act for the period between July 1, 2001, and July 1, 2004. The public employees retirement board shall submit a report of the study to the interim retirement and benefits committee of the legislature on or before December 31, 2004.
Sec. 9. 1. This act becomes effective on July 1, 2001.
2. Section 1 of this act expires by limitation on June 30, 2005.
________
Assembly Bill No. 588Committee on Ways and Means
CHAPTER 491
AN ACT making an appropriation to restore the balance in the emergency account; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the emergency account, created by NRS 353.263, the sum of $160,000 to restore the balance in the account.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 596Committee on Ways and Means
CHAPTER 492
AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for computer upgrades at the Division of Parole and Probation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $13,380 for computer upgrades at the Division of Parole and Probation.
κ2001 Statutes of Nevada, Page 2407 (Chapter 492, AB 596)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 597Committee on Ways and Means
CHAPTER 493
AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the purchase of computers for and ongoing telecommunication costs of the Division of Parole and Probation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $431,046 for the Division of Parole and Probation to be distributed as follows:
1. For computer hardware and software equipment ................................................................ $306,748
2. For telecommunication costs for fiscal year 2001-2002 ...................................................... $62,149
3. For telecommunication costs for fiscal year 2002-2003 ...................................................... $62,149
Sec. 2. 1. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
2. Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
3. Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. This section and subsection 1 of section 1 of this act become effective upon passage and approval.
2. Subsection 2 of section 1 of this act becomes effective on July 1, 2001.
3. Subsection 3 of section 1 of this act becomes effective on July 1, 2002.
________
κ2001 Statutes of Nevada, Page 2408κ
Assembly Bill No. 620Committee on Commerce and Labor
CHAPTER 494
AN ACT relating to contractors; creating a commission on construction education; creating a construction education account; authorizing the commission to grant money from the account for programs of construction education; requiring that certain fines received by the state contractors board be credited to the construction education account; revising the exemptions from the provisions governing contractors; removing the requirement that the board require certain applicants for a contractors license or a licensee to establish financial responsibility by submitting certain information; authorizing the board to require an applicant or licensee to establish financial responsibility; removing provisions that automatically require the board to hold a hearing if the board refuses to issue or renew a license; changing certain time requirements relating to hearings; requiring the board to send a certain notice to an applicant or licensee if the board denies an application for the issuance or renewal of a license; authorizing an applicant or licensee whose application for the issuance or renewal of a license is denied to request a hearing before the board; requiring the board to hold a hearing if it receives such a request; requiring the board to include certain information on an application for the issuance or renewal of a license; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The commission on construction education is hereby created.
2. The commission consists of one member who is a member of the board and six members appointed by the governor as follows:
(a) Four members who are representatives of the construction industry; and
(b) Two members who have knowledge of construction education programs.
3. Each member of the commission serves a term of 3 years.
4. The members of the commission who are appointed by the governor serve without compensation, per diem allowance or reimbursement for travel expenses. While engaged in the business of the commission, the member who is a member of the board shall receive from the board the same salary, per diem allowance and reimbursement for travel expenses he receives while engaged in the business of the board.
5. The commission shall review programs of education which relate to building construction and distribute grants from the construction education account created pursuant to section 3 of this act for programs that the commission determines qualify for such a grant.
6. The board may adopt regulations which establish the rules of procedure for meetings of the commission.
7. The commission shall adopt regulations providing:
(a) Procedures for applying for a grant of money from the construction education account;
κ2001 Statutes of Nevada, Page 2409 (Chapter 494, AB 620)κ
(b) Procedures for reviewing an application for a grant from the construction education account; and
(c) Qualifications for receiving a grant from the construction education account.
Sec. 3. 1. There is hereby created a construction education account as a separate account within the state general fund.
2. Money deposited in the fund must be used:
(a) Solely for the purposes of construction education and to pay the costs of the commission on construction education as described in accordance with subsection 3; and
(b) In addition to any other money provided for construction education from any other source.
3. The commission on construction education shall administer the construction education account and shall disburse the money in the account as follows:
(a) At least 95 percent of the money deposited in the account must be used to fund programs of education which relate to building construction and which the commission on construction education determines qualify for grants; and
(b) Not more than five percent of the money deposited in the account may be reserved for operating expenses incurred by the commission on construction education pursuant to this section.
4. The unexpended and unencumbered balance, if any, remaining in the construction education account at the end of each fiscal year, must remain in the account.
Sec. 4. 1. If the board denies an application for issuance or renewal of a license pursuant to this chapter, the board shall send by certified mail, return receipt requested, written notice of the denial to the most current address of the applicant set forth in the records of the board.
2. A notice of denial must include, without limitation, a statement which explains that the applicant has a right to a hearing before the board if the applicant submits a written request for such a hearing to the board within 60 days after the notice of denial is sent to the address of the applicant pursuant to this section.
3. If an applicant who receives a notice of denial pursuant to this section desires to have the denial reviewed at a hearing before the board, he must submit a written request for a hearing before the board concerning the denial within 60 days after the notice of denial is sent to his address. If an applicant does not submit notice in accordance with this subsection, the applicants right to a hearing shall be deemed to be waived.
4. Except as otherwise provided in this subsection, if the board receives notice from an applicant pursuant to subsection 3, the board shall hold a hearing on the decision to deny the application of the applicant within 90 days after the date the board receives notice pursuant to subsection 3. If an applicant requests a continuance and the board grants the continuance, the hearing required pursuant to this subsection may be held more than 90 days after the date the board receives notice pursuant to subsection 3.
Sec. 4.5. NRS 624.031 is hereby amended to read as follows:
624.031 [This chapter does] The provisions of this chapter do not apply to:
1. Work [done] performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
κ2001 Statutes of Nevada, Page 2410 (Chapter 494, AB 620)κ
city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
2. An officer of a court when acting within the scope of his office.
3. Work [done] performed exclusively by a public utility operating pursuant to the regulations of the public utilities commission of Nevada on construction, maintenance and development work incidental to its [own] business.
4. An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale [.] or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell [.] or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the board for the exemption. The board shall adopt regulations setting forth the requirements for granting the exemption.
5. An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:
(a) A building permit is required to perform the work;
(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;
(c) The work is of a type performed by a contractor licensed in a classification prescribed by the board that significantly affects the health, safety and welfare of members of the general public;
(d) The work is performed as a part of a larger project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or
(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of [such a] that person.
6. The sale or installation of any finished product, material or article of merchandise which is not [actually] fabricated into and does not become a permanent fixed part of the structure.
7. The construction, alteration, improvement or repair of personal property.
8. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and [carried on] conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.
9. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his [own] use or occupancy and not intended for sale or lease.
[10. An owner of property who builds or improves a structure upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for the building or improvement, if the owner is and remains financially responsible for the building or improving of all buildings and structures built by the owner upon his property pursuant to the exemption of this subsection.]
κ2001 Statutes of Nevada, Page 2411 (Chapter 494, AB 620)κ
Sec. 5. NRS 624.140 is hereby amended to read as follows:
624.140 1. Except as otherwise provided in subsection 3, if money becomes available from the operations of this chapter and payments made for licenses, the board may pay from that money:
(a) The expenses of the operations of this chapter, including the maintenance of offices.
(b) The salary of the executive officer who must be named by the board.
(c) A salary to each member of the board of not more than $80 per day, as fixed by the board, while engaged in the business of the board.
(d) A per diem allowance and travel expenses for each member and employee of the board at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this state.
3. [If] Except as otherwise provided in NRS 624.520, if a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 , [and] the board [deposits the] shall deposit any money collected from the imposition of fines with the state treasurer for credit to the [state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.] construction education account created pursuant to section 3 of this act.
Sec. 6. NRS 624.250 is hereby amended to read as follows:
624.250 1. To obtain or renew a license, an applicant must submit to the board an application in writing containing:
(a) The statement that the applicant desires the issuance of a license under the terms of this chapter.
(b) The street address or other physical location of the applicants place of business.
(c) The name of a person physically located in this state for service of process on the applicant.
(d) The street address or other physical location in this state and, if different, the mailing address, for service of process on the applicant.
(e) The names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.
(f) Any information requested by the board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.
2. The application must be:
(a) Made on a form prescribed by the board in accordance with the rules and regulations adopted by the board.
(b) Accompanied by the fee fixed by this chapter.
3. The board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the construction education account created pursuant to section 3 of this act. The application form must state in a clear and conspicuous manner that a contribution to the construction education account is voluntary and is in addition to any fees required for licensure. If the board receives a contribution from an applicant, the board shall deposit the contribution with the state treasurer for credit to the construction education account.
κ2001 Statutes of Nevada, Page 2412 (Chapter 494, AB 620)κ
the board receives a contribution from an applicant, the board shall deposit the contribution with the state treasurer for credit to the construction education account.
4. If the applicant is a natural person, the application must include the social security number of the applicant.
Sec. 7. NRS 624.263 is hereby amended to read as follows:
624.263 1. The financial responsibility of a licensee or an applicant for a contractors license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant.
2. The financial responsibility of an applicant for a contractors license or of a licensed contractor must be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:
(a) Net worth.
(b) Amount of liquid assets.
(c) Prior payment and credit records.
(d) Previous business experience.
(e) Prior and pending lawsuits.
(f) Prior and pending liens.
(g) Adverse judgments.
(h) Conviction of a felony or crime involving moral turpitude.
(i) Prior suspension or revocation of a contractors license in Nevada or elsewhere.
(j) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:
(1) A composition, arrangement or reorganization proceeding;
(2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this state or the United States; or
(3) The making of an assignment for the benefit of creditors.
(k) Form of business organization , [(] corporate or otherwise . [).]
(l) Information obtained from confidential financial references and credit reports.
(m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.
3. A licensed contractor shall, as soon as it is reasonably practicable, notify the board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (j) of subsection 2. The written notice must be accompanied by:
(a) A copy of the petition or application filed with the court; and
(b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.
4. Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the board [shall] may require the applicant or licensee to establish his financial responsibility by submitting to the board:
κ2001 Statutes of Nevada, Page 2413 (Chapter 494, AB 620)κ
(a) A financial statement prepared by a certified public accountant ; [who is licensed pursuant to the provisions of chapter 628 of NRS;] and
(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the board. The statement submitted pursuant to this paragraph must be provided on a form approved by the board.
5. In addition to the requirements set forth in subsection 4, the board may require a licensee to establish his financial responsibility at any time.
6. An applicant for an initial contractors license or a licensee applying for the renewal of a contractors license has the burden of demonstrating his financial responsibility to the board [.] , if the board requests him to do so.
Sec. 8. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before issuing a contractors license to any applicant, the board shall require that the applicant:
(a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, suspend or refuse to renew a license.
4. Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractors financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $100,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.291 [.] or section 4 of this act. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board. The board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement or, pursuant to subsection 6, after notification of a final written decision by the labor commissioner. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
κ2001 Statutes of Nevada, Page 2414 (Chapter 494, AB 620)κ
deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
6. If the board is notified by the labor commissioner pursuant to NRS 607.165 that three substantiated claims for wages have been filed against a contractor within a 2-year period, the board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the board. The contractor shall maintain the bond or cash deposit for the period required by the board.
7. As used in this section, substantiated claims for wages has the meaning ascribed to it in NRS 607.165.
Sec. 9. NRS 624.291 is hereby amended to read as follows:
624.291 1. Except as otherwise provided in subsection 4, if the board [refuses to issue or renew a license,] suspends or revokes a license, has probable cause to believe that a person has violated NRS 624.720 or imposes an administrative fine pursuant to NRS 624.710, the board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least [30] 21 days before the date fixed for the hearing.
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, the board must notify the contractor by certified mail. A hearing must be held within [30] 60 days after the suspension if the contractor submits a written request for a hearing to the board within 20 days after the board summarily suspends his license.
Sec. 10. NRS 624.300 is hereby amended to read as follows:
624.300 1. Except as otherwise provided in subsection 3, the board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and monetary limit of the license;
(d) Impose an administrative fine of not more than $10,000;
(e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;
(f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensees cost, that may consist of requiring the licensee to:
(1) Perform the corrective work himself;
(2) Hire and pay another licensee to perform the corrective work; or
(3) Pay to the owner of the construction project a specified sum to correct the condition; or
(g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,
if the licensee commits any act which constitutes a cause for disciplinary action.
κ2001 Statutes of Nevada, Page 2415 (Chapter 494, AB 620)κ
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.
4. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.
5. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.
6. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
7. If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the board.
8. All fines collected pursuant to this section must be deposited with the state treasurer for credit to the construction education account created pursuant to section 3 of this act.
Sec. 11. NRS 624.710 is hereby amended to read as follows:
624.710 1. If any person violates the provisions of subsection 1 of NRS 624.700, the board may impose an administrative fine of not less than $1,000 nor more than $10,000 for each violation.
2. An administrative fine imposed pursuant to this section is in addition to any other penalty imposed pursuant to this chapter.
3. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the attorney general on behalf of the board.
4. All administrative fines collected pursuant to this section must be deposited with the state treasurer for credit to the construction education account created pursuant to section 3 of this act.
Sec. 12. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2416κ
Assembly Bill No. 658Committee on Ways and Means
CHAPTER 495
AN ACT making appropriations from the state general fund and the state highway fund to the Budget Division of the Department of Administration for the continuation of the development and roll out of the Integrated Financial System; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Budget Division of the Department of Administration the sum of $11,820,380 for the continuation of the development and roll out of the Integrated Financial System.
2. There is hereby appropriated from the state highway fund to the Budget Division of the Department of Administration the sum of $2,664,000 for the continuation of the development and roll out of the Integrated Financial System.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the appropriate fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 670Assemblymen Dini, Giunchigliani, Perkins and Buckley
CHAPTER 496
AN ACT relating to Oriental medicine; revising the provisions relating to the issuance of a license to practice as a doctor of Oriental medicine; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 634A.140 is hereby amended to read as follows:
634A.140 The board shall issue a license to practice as a doctor of Oriental medicine to an applicant who:
1. Has:
(a) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board; [and]
(b) Earned a bachelors degree from an accredited college or university in the United States;
κ2001 Statutes of Nevada, Page 2417 (Chapter 496, AB 670)κ
(c) Passed an investigation of his background and personal history conducted by the board; and
(d) Passed the examinations required by NRS 634A.120; or
2. Has:
(a) Successfully completed a 4-year program [,] of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board;
(b) Lawfully practiced Oriental medicine in another state or foreign country for at least 4 years;
(c) Passed an investigation of his background and personal history conducted by the board; and
(d) Passed the examinations required by NRS 634A.120.
Sec. 2. Section 16 of Assembly Bill No. 302 of this session is hereby amended to read as follows:
Sec. 16. Notwithstanding the provisions of NRS 634A.140, the state board of Oriental medicine shall issue a license to practice as a doctor of Oriental medicine to any person who, on [the effective date of this act,] October 1, 2001, holds a license as an assistant in acupuncture or a license to practice as a doctor of acupuncture issued by the board if he submits an application and the fee for the issuance of the license to the board before January 1, 2002.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 428Committee on Finance
CHAPTER 497
AN ACT making an appropriation to the Department of Cultural Affairs for expenses relating to the continued operation of the Southern Nevada office of the Nevada Humanities Committee; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Cultural Affairs the sum of $200,000 for expenses relating to the continued operation of the Southern Nevada office of the Nevada Humanities Committee.
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Humanities Committee agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Humanities Committee through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.
κ2001 Statutes of Nevada, Page 2418 (Chapter 497, SB 428)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 433Committee on Finance
CHAPTER 498
AN ACT making appropriations to the Department of Cultural Affairs for the purchase of equipment and to carry out the statewide monument program; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Cultural Affairs the sum of $39,797 for the purchase of equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Department of Cultural Affairs to carry out the statewide monument program:
For the fiscal year 2001-2002.......................................................................................................... $44,225
For the fiscal year 2002-2003.......................................................................................................... $41,906
2. Any balance of the appropriations made by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. This section and section 1 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2419κ
Senate Bill No. 442Committee on Finance
CHAPTER 499
AN ACT making appropriations to the Department of Prisons for various replacement equipment at certain facilities and ongoing expenses of the Pioche Conservation Camp to lease certain equipment; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $1,034,239 for various replacement equipment at certain facilities.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Department of Prisons for ongoing expenses of the Pioche Conservation Camp to lease a dishwasher:
For the fiscal year 2001-2002................................................................................................................ $948
For the fiscal year 2002-2003................................................................................................................ $948
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. Section 1 of this act becomes effective upon passage and approval.
2. Section 2 of this act becomes effective on July 1, 2001.
________
Senate Bill No. 444Committee on Finance
CHAPTER 500
AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for security upgrades and operating expenses at various offices of the Division of Parole and Probation; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $32,622 for security upgrades and operating expenses at various offices of the Division of Parole and Probation to be distributed as follows:
κ2001 Statutes of Nevada, Page 2420 (Chapter 500, SB 444)κ
1. For remodeling costs and an alarm system.......................................................................... $25,182
2. For operating expenses for the fiscal year 2001-2002....................................................... $3,720
3. For operating expenses for the fiscal year 2002-2003....................................................... $3,720
Sec. 2. 1. Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.
2. Any remaining balance of the appropriations made by subsections 1 and 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. This section and subsection 1 of section 1 of this act become effective upon passage and approval.
2. Subsection 2 of section 1 of this act becomes effective on July 1, 2001.
3. Subsection 3 of section 1 of this act becomes effective on July 1, 2002.
________
Senate Bill No. 446Committee on Finance
CHAPTER 501
AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment and computer hardware and software for the Division of Mental Health and Developmental Services; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $78,735 for new and replacement equipment and computer hardware and software for the Division of Mental Health and Developmental Services.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2421κ
Senate Bill No. 449Committee on Finance
CHAPTER 502
AN ACT making an appropriation to the State Department of Conservation and Natural Resources for replacement equipment for the Division of Forestry; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $401,693 for replacement equipment for the Division of Forestry.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 462Committee on Finance
CHAPTER 503
AN ACT making an appropriation to the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources the sum of $5,000.
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Silver Haired Legislative Forum through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.
κ2001 Statutes of Nevada, Page 2422 (Chapter 503, SB 462)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 463Committee on Finance
CHAPTER 504
AN ACT making appropriations to the Department of Prisons for maintenance projects at certain facilities and ongoing expenses for the various budget accounts; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the Department of Prisons the sum of $334,376 for maintenance projects at certain facilities.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Department of Prisons for ongoing expenses for the various budget accounts of the Department:
For the fiscal year 2001-2002.......................................................................................................... $10,129
For the fiscal year 2002-2003.......................................................................................................... $10,129
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. Section 1 of this act becomes effective upon passage and approval.
2. Section 2 of this act becomes effective on July 1, 2001.
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κ2001 Statutes of Nevada, Page 2423κ
Senate Bill No. 464Committee on Finance
CHAPTER 505
AN ACT making an appropriation to the Office of the Secretary of State for various enabling technology projects, for promotional materials for the Commercial Recordings Division, and for new and replacement equipment; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Office of the Secretary of State the sum of $467,617 for various enabling technology projects, for promotional materials for the Commercial Recordings Division, and for new and replacement equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 477Committee on Finance
CHAPTER 506
AN ACT making an appropriation to the Department of Employment, Training and Rehabilitation for the Independent Living State Client Services Program for assistive devices to help disabled persons maintain an independent living environment; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Department of Employment, Training and Rehabilitation for the Independent Living State Client Services Program the sum of $500,000 for assistive devices to help disabled persons maintain an independent living environment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 2424κ
Senate Bill No. 505Committee on Finance
CHAPTER 507
AN ACT relating to dairy products; making various changes relating to the transfer of responsibility for the dairy inspection program to the state dairy commission of the department of business and industry; and providing other matters properly relating thereto.
[Approved: June 8, 2001]
Whereas, Fresh wholesome milk and other dairy products are basic food commodities whose availability at reasonable prices is a necessity for consumers; and
Whereas, It is recognized by the Legislature that the perishable nature of milk and other dairy products has led, in the past, to disruption in both production and marketing; and
Whereas, The consolidated regulation of the Nevada dairy industry from the dairy farm to the distributor will benefit both the consumer and the industry by creating a single source of regulation and a streamlined regulatory structure; and
Whereas, The state dairy commission is charged with consolidating this regulation and ensuring that fresh wholesome milk and other dairy products are produced and distributed within Nevada in a manner free from destructive competition and unfair trade practices; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, commission means the state dairy commission created pursuant to NRS 584.420.
Sec. 3. The commission may adopt and enforce regulations to carry out the provisions of this chapter.
Sec. 4. The state health officer shall, if requested, consult with the commission on any matter concerning the public health and welfare of the people of this state that arises pursuant to this chapter.
Sec. 5. Before the commission may adopt a regulation pursuant to NRS 584.013 to 584.285, inclusive, and sections 5 and 6 of this act, the commission shall submit the regulation to the state board of health for review and comment. The board shall complete its review and return the regulation to the commission not later than 30 days after its receipt thereof unless the commission agrees to a longer time.
Sec. 6. 1. The commission may enter into contracts with any person to assist it in carrying out the duties of the commission by performing any duty imposed on the commission pursuant to NRS 584.013 to 584.285, inclusive, or sections 5 and 6 of this act.
2. As used in this section, person includes a government, a governmental agency and a political subdivision of a government.
κ2001 Statutes of Nevada, Page 2425 (Chapter 507, SB 505)κ
Sec. 7. NRS 584.017 is hereby amended to read as follows:
584.017 Except as otherwise provided by law, the [state board of health] commission shall adopt, and may amend and repeal, reasonable regulations governing:
1. The production, manufacturing, mixing, preparing, processing, pasteurizing, freezing, packaging, transportation, handling, sampling, examination, labeling and sale of all mix and frozen desserts sold for ultimate consumption within the State of Nevada.
2. The inspection of all establishments engaged in the production, processing and distribution of mix and frozen desserts.
3. The issuing and revocation of permits to frozen desserts plants.
4. The grading and regrading of frozen desserts plants.
5. The displaying of grade placards.
6. The fixing of penalties for a violation of [such] the regulations.
Sec. 8. NRS 584.023 is hereby amended to read as follows:
584.023 A copy of every regulation adopted by the [state board of health] commission must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and [citizens of the state.] , upon application therefor, to licensed or other dairymen, creameries and other persons interested in them.
Sec. 9. NRS 584.027 is hereby amended to read as follows:
584.027 Any person who violates any provision of the regulations adopted pursuant to NRS 584.017, or refuses or neglects to obey any lawful order of the [state board of health,] commission, is guilty of a misdemeanor.
Sec. 10. NRS 584.125 is hereby amended to read as follows:
584.125 For the purposes of NRS 584.110 to 584.160, inclusive, wholesome butter is defined to be butter made from cream and milk wherein the entire procedure from dairy to creamery, or other place of manufacture of such product or products, is conducted under sanitary conditions [;] , and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or, if not so certified, wherein such milk or cream has been pasteurized as prescribed by the [commissioner of food and drugs] commission pursuant to NRS 584.135.
Sec. 11. NRS 584.130 is hereby amended to read as follows:
584.130 The inspection of butter under the provisions of NRS 584.110 to 584.160, inclusive, and the determination of the same as wholesome or impure, are hereby made duties of the [commissioner of food and drugs. The commissioner of food and drugs] commission. The commission is hereby given all necessary authority and power for such inspection and determination and may employ such inspectors or agents therefor as may be necessary within any revenues generated or appropriation provided for such purposes.
Sec. 12. NRS 584.135 is hereby amended to read as follows:
584.135 The [commissioner of food and drugs is authorized and empowered to make and enforce such reasonable rules and] commission shall make such regulations, within the meaning and purposes of NRS 584.110 to 584.160, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.