κ2003 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SEVENTY-SECOND SESSION OF THE LEGISLATURE
2003
________
Senate Bill No. 1Senators Raggio and Titus
CHAPTER 1
AN ACT making an appropriation to the Legislative Fund; and providing other matters properly relating thereto.
[Approved: February 7, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $10,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 38Committee on Judiciary
CHAPTER 2
AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting and clarifying certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.
[Approved: March 5, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 16, Statutes of Nevada 2001, at page 355, is hereby amended by adding thereto a new section to be designated as section 31.5, immediately following section 31, to read as follows:
Sec. 31.5. Section 25 of chapter 600, Statutes of Nevada 1999, at page 3272, is hereby amended to read as follows:
Sec. 25. 1. This section and sections 1 to 6, inclusive, 9 to 16, inclusive, 18 to 22, inclusive, and 26 of this act become effective on July 1, 1999.
κ2003 Statutes of Nevada, Page 2 (Chapter 2, AB 38)κ
2. Sections 23 and 24 of this act become effective upon passage and approval.
3. Sections 7 and 8 of this act become effective on October 1, 1999.
4. Sections 4 and 16 of this act expire by limitation on March 1, 2003.
5. Section 5 of this act expires by limitation on September 1, 2003.
[6. Section 17 becomes effective on March 1, 2003.]
Sec. 2. Chapter 33, Statutes of Nevada 2001, at page 383, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:
Sec. 2.5. NRS 392.480 is hereby amended to read as follows:
392.480 1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent language within the building or grounds of the school. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
2. It is unlawful for any person to assault any pupil or school employee:
(a) Within the building or grounds of the school;
(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or
(c) At a location where the pupil or school employee is involved in an activity sponsored by a public school.
Except under circumstances described in paragraph (c) or (d) of subsection 2 of NRS 200.471 or in NRS 200.571, any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
3. It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
4. For the purposes of this section school employee means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
Sec. 3. Section 5 of chapter 42, Statutes of Nevada 2001, at page 402, is hereby amended to read as follows:
Sec. 5. Section 7 of chapter 566, Statutes of Nevada 1993, at page 2328, is hereby amended to read as follows:
Sec. 7. 1. The commission may do all things necessary to establish and maintain a railway, including, without limitation:
(a) Purchasing, leasing or otherwise acquiring right of ways and constructing railways and any facilities or other appurtenances it deems appropriate in connection therewith; and
(b) Operating or granting franchises for the operation of a railroad that carries passengers to locations within the jurisdiction of the commission.
2. In addition to regulation by another agency related to public health and safety that is required by local ordinance or state or federal law, the commission shall regulate all franchises and concessionaires who operate on the right of way or property owned or leased by the commission.
κ2003 Statutes of Nevada, Page 3 (Chapter 2, AB 38)κ
concessionaires who operate on the right of way or property owned or leased by the commission.
3. A railway acquired, constructed or leased by the commission pursuant to this act is not a street railway for the purposes of chapter 709 of NRS.
4. Notwithstanding any provision of Title 58 of NRS to the contrary, the rates charged by a railroad operated by the commission or pursuant to a franchise or other agreement with the commission, are not subject to regulation by the public [service] utilities commission of Nevada.
Sec. 4. Section 1 of chapter 44, Statutes of Nevada 2001, at page 404, is hereby amended to read as follows:
Section 1. Notwithstanding the provisions of NRS 354.723, chapter 265, Statutes of Nevada 1971, at page 384, [and all amendments made thereto, is] sections 10 and 11 of chapter 669, Statutes of Nevada 1971, at page 2052, section 5 of chapter 34, Statutes of Nevada 1973, at page 34, sections 6 and 7 of chapter 306, Statutes of Nevada 1973, at page 379, section 27 of chapter 344, Statutes of Nevada 1973, at page 429, section 8.7 of chapter 98, Statutes of Nevada 1977, at page 205, sections 61 and 62 of chapter 482, Statutes of Nevada 1981, at pages 971 and 972, respectively, section 11 of chapter 160, Statutes of Nevada 1983, at page 369, section 10 of chapter 361, Statutes of Nevada 1983, at page 873, section 10 of chapter 208, Statutes of Nevada 1985, at page 674, chapter 356, Statutes of Nevada 1989, at page 735, section 5 of chapter 854, Statutes of Nevada 1989, at page 2060, section 8 of chapter 515, Statutes of Nevada 1997, at page 2450, and section 17 of chapter 391, Statutes of Nevada 1999, at page 1861, are hereby repealed.
Sec. 5. Section 18 of chapter 51, Statutes of Nevada 2001, at page 452, is hereby amended to read as follows:
Sec. 18. Section 2.110 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 160, Statutes of Nevada 1983, at page 368, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the [board of supervisors] city council by title and may be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 10 days before the adoption of the ordinance. The [board of supervisors] city council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the [board of supervisors] city council following the proposal of an ordinance, the ordinance must be considered again with the report of the committee, if any. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
κ2003 Statutes of Nevada, Page 4 (Chapter 2, AB 38)κ
introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency , [or where the ordinance is of a kind specified in section 7.020,] by unanimous consent of the [board of supervisors,] city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the [supervisors] members of the city council voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective. The [board of supervisors] city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall [record] keep on file all ordinances [in a book kept for that purpose, together with] , including the affidavits of publication by the publisher.
Sec. 6. Sections 7 and 8 of chapter 69, Statutes of Nevada 2001, at page 498, are hereby amended to read respectively as follows:
Sec. 7. The board shall prepare and adopt a code of conduct for holders of certificates of registration and holders of a certificate to practice as a landscape architect intern. The code must ensure the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession. Before adopting the code, the board shall send a copy of the proposed code to each holder of a certificate of registration and holder of a certificate to practice as a landscape architect intern. Each holder of a certificate of registration and holder of a certificate to practice as a landscape architect intern may vote on any provision included in the code. The board may adopt each provision in the code unless 25 percent or more of the holders of certificates of registration vote against that provision.
Sec. 8. The board shall prepare and maintain a record of each certificate of registration and certificate to practice as a landscape architect intern. The record must include, without limitation, the name of the holder of the certificate of registration or the certificate to practice as a landscape architect intern, the address at which he resides and the number of his certificate of registration or certificate to practice as a landscape architect intern. The board shall make the record available:
1. For inspection by each holder of a certificate of registration or certificate to practice as a landscape architect intern in a manner prescribed by the board; and
2. For sale to a member of the general public who is not a holder of a certificate of registration or certificate to practice as a landscape architect intern.
κ2003 Statutes of Nevada, Page 5 (Chapter 2, AB 38)κ
Sec. 7. 1. Sections 1 and 3 of chapter 88, Statutes of Nevada 2001, at pages 558 and 560, respectively, are hereby amended to read respectively as follows:
Section 1. Chapter 705 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission, or a corporation formed by the commission pursuant to the laws of this state or the state of California, as the commission deems appropriate, may issue bonds, notes, obligations or other evidences of borrowing to finance all or a part of the construction of all or a part of the super speed ground transportation system. For purposes of issuing bonds, notes, obligations or other evidences of borrowing pursuant to this section, the commission and any corporation formed by the commission are constituted authorities for the purposes of regulations enacted by the Internal Revenue Service pursuant to 26 U.S.C. §§ 103 and 141 to 150, inclusive.
2. Bonds, notes, obligations or other evidences of borrowing issued by the commission or any corporation formed by the commission which are issued to finance all or any part of the construction of all or a part of the super speed ground transportation system may be payable from and secured by:
(a) A pledge of property of the commission or a corporation formed by the commission pursuant to this section;
(b) A pledge of any revenue of the super speed ground transportation system, including revenue from fares, revenue from advertising and all other revenue of the system; and
(c) A pledge of any other money made available to the commission or a corporation formed by the commission pursuant to this section by:
(1) Grants from the Federal Government or any other federal funds as may be available to pay costs of the super speed ground transportation system or debt service on any borrowing;
(2) Any company, public or private; or
(3) Any local government or governmental entity in this state or in the State of California pursuant to an intergovernmental agreement or otherwise.
3. The commission may enter into agreements with any person, local government or governmental entity for the provision of resources or assistance to the commission or a corporation formed by the commission concerning the financing of the super speed ground transportation system.
4. The commission or any corporation formed by the commission pursuant to this section may issue obligations to refund any obligations issued pursuant to the provisions of this section and NRS 705.4291 to 705.4296, inclusive, for any purpose the commission determines to be sufficient.
5. Nothing in this section authorizes the commission or any corporation formed by the commission to obligate this state or the State of California or any political subdivision thereof unless such state or political subdivision has obligated itself to the commission or a corporation created by the commission through an intergovernmental agreement.
κ2003 Statutes of Nevada, Page 6 (Chapter 2, AB 38)κ
6. Unless a specific statute of this state or the State of California requires otherwise, upon dissolution of the commission, all property of the commission must be distributed between this state and the State of California in an equitable manner as agreed upon by the states.
7. The creation, perfection, priority and enforcement of any lien on pledged revenue or other money established to secure any bond, note, obligation or other evidence of borrowing issued pursuant to this section, must be as specified in this section and in the instruments approved by the commission pertaining to that bond, note, obligation or other evidence of borrowing. It is the purpose of this section to provide expressly for the creation, perfection, priority and enforcement of a security interest created by the commission in pledged revenues or other money in connection with bonds, notes, obligations or other evidences of borrowing issued pursuant to this section, as provided for in paragraph (n) of subsection 4 of NRS 104.9109. Any lien on pledged revenue or other money created to secure any bond, note, obligation or other evidence of borrowing issued pursuant to this section has priority over any lien thereon created pursuant to the provisions of chapter 104 of NRS unless otherwise provided in the instrument creating the lien to secure such bond, note, obligation or other evidence of borrowing issued pursuant to the provisions of this section.
Sec. 3. Section 7 of chapter 568, Statutes of Nevada 1987, at page 1359, as amended by section 4 of chapter 106, Statutes of Nevada 1991, at page 177, is hereby amended to read as follows:
Sec. 7. [1.] This act becomes effective on January 1, 1988.
[2. This act expires by limitation 1 year after the date on which the governor declares by public proclamation that the super speed ground transportation system connecting southern California with southern Nevada has been completed.]
2. Chapter 88, Statutes of Nevada 2001, at page 560, is hereby amended by adding thereto new sections to be designated as sections 3.3 and 3.5, immediately following section 3, to read respectively as follows:
Sec. 3.3. Section 5 of chapter 106, Statutes of Nevada 1991, at page 177, is hereby repealed.
Sec. 3.5. NRS 705.4291, 705.4292, 705.4293, 705.4294, 705.4295 and 705.4296 expire by limitation:
1. One year after the date on which the governor declares by public proclamation that the super speed ground transportation system connecting southern California with southern Nevada has been completed; or
2. On the date all borrowing made pursuant to section 1 of this act is retired,
whichever is later.
Sec. 8. Sections 1 and 5 of chapter 99, Statutes of Nevada 2001, at pages 583 and 586, respectively, are hereby amended to read respectively as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this subsection, the department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the department deems appropriate.
κ2003 Statutes of Nevada, Page 7 (Chapter 2, AB 38)κ
Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase The Virginia & Truckee Lives. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
5. The department shall transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Nevada Commission for the reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of subsections 1 to 6, inclusive, disposes of the vehicle to which the plates are affixed, the holder shall:
κ2003 Statutes of Nevada, Page 8 (Chapter 2, AB 38)κ
(a) Retain the plates and affix them to another vehicle that meets the requirements of subsections 1 to 6, inclusive, if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
7. Except as otherwise provided in this subsection, the director shall, at the request of the Northern Nevada Railway Foundation or its successor:
(a) Order the design and preparation of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; and
(b) Issue such souvenir license plates only to the Northern Nevada Railway Foundation or its successor for a fee established pursuant to NRS 482.3825. The Northern Nevada Railway Foundation or its successor may resell such souvenir license plates at a price determined by the Foundation or its successor.
The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the department has received at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 1 to 6, inclusive.
Sec. 5. Section 8 of chapter 566, Statutes of Nevada 1993, as amended by chapter 42, Statutes of Nevada 2001, at page [2329,] 402, is hereby amended to read as follows:
Sec. 8. 1. The commission may enter into an agreement with the district attorney of Carson City or Douglas, Lyon, Storey or Washoe County, or any combination thereof, to provide legal services to the commission. The commission may authorize payment to the district attorney for the costs to the district attorney for providing those services.
2. The commission shall enter into an agreement with the treasurer of Carson City or Douglas, Lyon, Storey or Washoe County to create a fund for the commission and pay all claims against the fund that are properly approved by the commission. The commission may authorize payment to the treasurer for the costs to the treasurer for providing those services.
3. All money received by the commission must be deposited in the fund created pursuant to subsection 2. [The] Except as otherwise provided in section 1 of Senate Bill No. 77 of the 2001 legislative session, the money in the fund must be used only for the necessary expenses of the commission and the costs of the projects authorized by this act.
Sec. 9. 1. Section 1 of chapter 109, Statutes of Nevada 2001, at page 612, is hereby amended to read as follows:
Section 1. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this state may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Any person who is not a resident of this state may apply to the sheriff of any county in this state for a permit on a form prescribed by regulation of the department.
κ2003 Statutes of Nevada, Page 9 (Chapter 2, AB 38)κ
department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. Except as otherwise provided in this section, the sheriff shall issue a permit for no more than two specific firearms to any person who is qualified to possess a firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) [Is a resident of this state;
(b)] Is 21 years of age or older;
[(c)] (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
[(d)] (c) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he:
(1) Successfully completed a course in firearm safety approved by a sheriff in this state; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the [proper] use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:
(a) Has an outstanding warrant for his arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:
(1) Convicted of violating the provisions of NRS 484.379; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
κ2003 Statutes of Nevada, Page 10 (Chapter 2, AB 38)κ
(h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for his conviction of a felony; or
(2) Suspension of his sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.
6. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his agent;
(d) [The] If the applicant is a resident of this state, the drivers license number or identification card number of the applicant issued by the department of motor vehicles;
(e) If the applicant is not a resident of this state, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) The make, model and caliber of each firearm to which the application pertains;
[(f)] (g) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
κ2003 Statutes of Nevada, Page 11 (Chapter 2, AB 38)κ
[(g)] (h) A nonrefundable fee set by the sheriff not to exceed $60.
2. Chapter 109, Statutes of Nevada 2001, at page 615, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4. Section 1 of chapter 111, Statutes of Nevada 2001, at page 618, is hereby amended to read as follows:
Section 1. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this state may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Any person who is not a resident of this state may apply to the sheriff of any county in this state for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. Except as otherwise provided in this section, the sheriff shall issue a permit for [no more than two] one or more specific firearms to any person who is qualified to possess [a] each firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is 21 years of age or older;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with [a] each firearm by presenting a certificate or other documentation to the sheriff which shows that he:
(1) Successfully completed a course in firearm safety approved by a sheriff in this state; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:
(a) Has an outstanding warrant for his arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:
κ2003 Statutes of Nevada, Page 12 (Chapter 2, AB 38)κ
(1) Convicted of violating the provisions of NRS 484.379; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for his conviction of a felony; or
(2) Suspension of his sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States , or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.
κ2003 Statutes of Nevada, Page 13 (Chapter 2, AB 38)κ
6. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant , and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his agent;
(d) If the applicant is a resident of this state, the drivers license number or identification card number of the applicant issued by the department of motor vehicles;
(e) If the applicant is not a resident of this state, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) The make, model and caliber of each firearm to which the application pertains;
(g) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
(h) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 10. Section 2 of chapter 111, Statutes of Nevada 2001, at page 620, is hereby amended to read as follows:
Sec. 2. NRS 202.366 is hereby amended to read as follows:
202.366 1. Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicants fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
2. To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:
κ2003 Statutes of Nevada, Page 14 (Chapter 2, AB 38)κ
NEVADA CONCEALED FIREARM PERMIT
County.................................. Permit Number..............................
Expires.................................. Date of Birth.................................
Height.................................... Weight............................................
Name..................................... Address...........................................
City........................................ Zip...................................................
Photograph
Signature...............................
Issued by..............................
Date of Issue........................
Make, model and caliber of [firearm] each authorized firearm..
4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires:
(a) If the permittee was a resident of this state at the time the permit was issued, on the fifth anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal.
(b) If the permittee was not a resident of this state at the time the permit was issued, on the third anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal.
5. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.
Sec. 11. Sections 3, 4, 16, 19 and 27 of chapter 115, Statutes of Nevada 2001, at pages 625, 629 and 631, are hereby amended to read respectively as follows:
Sec. 3. NRS 266.055 is hereby amended to read as follows:
266.055 Municipal corporations organized [under] pursuant to the provisions of this chapter must be divided into three [classes:] population categories:
1. Those cities having 50,000 or more inhabitants are cities of [the first class.] population category one.
2. Those cities having 5,000 or more but less than 50,000 inhabitants are cities of [the second class.] population category two.
3. Those cities having less than 5,000 inhabitants are cities of [the third class.] population category three.
Sec. 4. NRS 266.060 is hereby amended to read as follows:
266.060 1. Whenever any city of [the second class] population category two attains the population of 50,000 or more, or any city of [the third class] population category three attains the population of 5,000 or more, and that fact is ascertained:
(a) By actual census taken and certified to the governor by the mayor; or
(b) At the option of the city council, by the governor, pursuant to NRS 360.285, for 2 consecutive years,
the governor shall declare, by public proclamation, that city to be of [the first or second class,] population category one or two, and the city thus changed is governed by the provisions of this chapter applicable to cities of the higher [class.] population category.
κ2003 Statutes of Nevada, Page 15 (Chapter 2, AB 38)κ
2. An authenticated copy of the governors proclamation must be filed in the office of the secretary of state.
Sec. 16. NRS 266.235 is hereby amended to read as follows:
266.235 Except as otherwise provided in section 1 of [this act,] Senate Bill No. 329 of this session, a majority of all members of the city council [shall constitute] constitutes a quorum to do business, but [a less number] fewer members may meet and adjourn from time to time and may compel the attendance of absentees under such penalties as may be prescribed by ordinance.
Sec. 19. NRS 266.250 is hereby amended to read as follows:
266.250 1. The [councils] deliberations, sessions and proceedings of the city council must be public.
2. The city council shall keep [a journal] written minutes of its own proceedings [.] as required pursuant to NRS 241.035. The yeas and nays must be taken upon the passage of all ordinances, and all propositions to create any liability against the city, or to grant, deny, increase, decrease, abolish or revoke licenses, and in all other cases at the request of any member of the city council or of the mayor, which yeas and nays must be entered [upon the journal] in the minutes of its proceedings.
3. The affirmative vote of a majority of all the members elected to the city council is necessary to pass any such ordinance or proposition.
Sec. 27. NRS 266.450 is hereby amended to read as follows:
266.450 All elected officers of any city are entitled to receive such compensation as may be fixed by ordinance, but, except as otherwise provided in NRS 266.041, the compensation of any [such officers may] elected officers must not be increased or diminished to take effect during the [time] term for which the officer was elected . [or appointed.] All appointed officers are entitled to receive such compensation as may be fixed by ordinance.
Sec. 12. Section 1 of chapter 128, Statutes of Nevada 2001, at page 684, is hereby amended to read as follows:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
If the agency which provides child welfare services, or a child-placing agency licensed by the division of child and family services of the department of human resources pursuant to chapter 127 of NRS, consents to the adoption of a child with special needs pursuant to NRS 127.186, a county clerk shall reduce the total filing fee to not more than $1 for filing the petition to adopt such a child.
Sec. 13. Chapter 140, Statutes of Nevada 2001, at page 736, is hereby amended by adding thereto new sections to be designated as sections 27.1 and 27.2, immediately following section 27, to read respectively as follows:
Sec. 27.1. Section 60 of chapter 456, Statutes of Nevada 2001, at page 2338, is hereby amended to read as follows:
Sec. 60. 1. This section and sections 48 and 59.5 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 to 32, inclusive, 34, 35, 49 to 52, inclusive, and 55 to 59, inclusive, of this act become effective on July 1, 2001.
κ2003 Statutes of Nevada, Page 16 (Chapter 2, AB 38)κ
3. Sections 36, 38, 39, 40, 43, 44, 47, 53 and 54 of this act become effective at 12:01 a.m. on July 1, 2001.
4. Sections [23,] 33, 37 and 45 of this act become effective at 12:02 a.m. on July 1, 2001.
5. Section 48 of this act expires by limitation on July 1, 2003.
Sec. 27.2. Section 23 of chapter 456, Statutes of Nevada 2001, at page 2315, is hereby repealed.
Sec. 14. Section 94 of chapter 152, Statutes of Nevada 2001, at page 799, is hereby amended to read as follows:
Sec. 94. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 90, inclusive, subsection 1 of section 91 and sections 92, 93 and 95 of this act become effective upon passage and approval for the purpose of adopting regulations and taking such other actions as necessary to regulate practitioners of respiratory care, and on July 1, 2001, for all other purposes.
3. Subsection 2 of section 91 of this act becomes effective at 12:01 a.m. on July 1, 2001.
4. The amendatory provisions of sections 8, 19 [, 24, 26] and 41 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 15. Sections 1 and 4 of chapter 172, Statutes of Nevada 2001, at pages 853 and 854, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 366.110 is hereby amended to read as follows:
366.110 The department:
1. Shall enforce the provisions of this chapter.
2. May adopt and enforce regulations relating to the administration and enforcement of this chapter.
3. Shall, by regulation, define incidentally operated or moved upon a highway for the purpose of NRS 366.085.
4. May determine whether any particular vehicle not specified in NRS 366.085 is special mobile equipment.
Sec. 4. 1. This section and sections 2 and 3 of this act [becomes] become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.
κ2003 Statutes of Nevada, Page 17 (Chapter 2, AB 38)κ
Sec. 16. Section 4 of chapter 183, Statutes of Nevada 2001, at page 895, is hereby amended to read as follows:
Sec. 4. Section 2.050 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 255, Statutes of Nevada 2001, at page [460,] 1132, is hereby amended to read as follows:
Sec. 2.050 Meetings: Quorum.
1. The board of councilmen shall hold at least one regular meeting each month, and by [ordinance] resolution may provide for additional regular meetings.
2. Except as otherwise provided in section 1 of [this act,] Senate Bill No. 329 of this session, a majority of all members of the board of councilmen constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
3. Except as otherwise provided by law, all sessions and [all] proceedings of the board of councilmen must be public.
Sec. 17. Section 10 of chapter 185, Statutes of Nevada 2001, at page 904, is hereby amended to read as follows:
Sec. 10. NRS 459.742 is hereby amended to read as follows:
459.742 The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:
1. Enter into contracts, leases or other agreements or transactions;
2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;
3. Assist with the development of comprehensive plans for responding to such emergencies in this state;
4. Provide technical assistance and administrative support to the telecommunications unit of the communication and computing division of the department of information technology for the development of systems for communication during such emergencies;
5. Provide technical and administrative support and assistance for training programs;
6. Develop a system to provide public access to data relating to hazardous materials;
7. Support any activity or program eligible to receive money from the contingency account for hazardous materials;
8. Adopt regulations setting forth the manner in which the division of emergency management of the department [of public safety] shall:
(a) Allocate money received by the division which relates to hazardous materials or is received pursuant to [Public Law 99-499 or Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and
(b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to carry out the provisions of this chapter, [Public Law 99-499 and Title I of Public Law 93-633.]
κ2003 Statutes of Nevada, Page 18 (Chapter 2, AB 38)κ
I of Public Law 93-633.] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.
Sec. 18. Section 1 of chapter 223, Statutes of Nevada 2001, at page 1001, is hereby amended to read as follows:
Sec. 1. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 5, after deducting the amount withheld by the department and the amount credited to the department pursuant to subsection 6 of NRS 482.180, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental governmental services taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if , in any fiscal year, the sum of the rate attributable to a districts debt service in [any] that fiscal year and any rate levied for capital projects pursuant to NRS 387.3285 in that fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the local government tax distribution account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.
5. An amount equal to any basic governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.
6. The department shall make distributions of the basic governmental services tax directly to county school districts.
7. As used in this section:
(a) Enterprise district has the meaning ascribed to it in NRS 360.620.
(b) Local government has the meaning ascribed to it in NRS 360.640.
(c) Received or collected for each county means:
κ2003 Statutes of Nevada, Page 19 (Chapter 2, AB 38)κ
(1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:
Carson City........ 1.07 percent Lincoln........... 3.12 percent
Churchill............. 5.21 percent Lyon............... 2.90 percent
Clark................. 22.54 percent Mineral........... 2.40 percent
Douglas............... 2.52 percent Nye................. 4.09 percent
Elko................... 13.31 percent Pershing.......... 7.00 percent
Esmeralda.......... 2.52 percent Storey............. .19 percent
Eureka................ 3.10 percent Washoe........ 12.24 percent
Humboldt........... 8.25 percent White Pine..... 5.66 percent
Lander................ 3.88 percent
(2) For all other basic and supplemental governmental services tax received or collected by the department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.
(d) Special district has the meaning ascribed to it in NRS 360.650.
Sec. 19. 1. Section 4 of chapter 224, Statutes of Nevada 2001, at page 1004, is hereby amended to read as follows:
Sec. 4. 1. This section and section 2.5 of this act become effective on June 30, 2001.
2. Sections 1, 2 and 3 of this act [becomes] become effective on July 1, 2001.
2. Chapter 224, Statutes of Nevada 2001, at page 1003, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:
Sec. 2.5. Section 8 of chapter 307, Statutes of Nevada 2001, at page 1441, is hereby repealed.
Sec. 20. Sections 47 and 52 of chapter 236, Statutes of Nevada 2001, at pages 1068 and 1070, respectively, are hereby amended to read respectively as follows:
Sec. 47. NRS 639.2328 is hereby amended to read as follows:
639.2328 1. Every pharmacy located outside Nevada that provides mail order service to or solicits or advertises for orders for drugs available with a prescription from a resident of Nevada must be licensed by the board.
2. To be licensed or to renew a license, such a pharmacy must:
(a) Be licensed as a pharmacy, or the equivalent, by the state or country in which its dispensing facilities are located.
(b) Comply with all applicable federal laws, regulations and standards.
(c) Submit an application in the form furnished by the board.
(d) Provide the following information to the board:
(1) The name and address of the owner;
(2) The location of the pharmacy;
(3) The name of the pharmacist who is the managing pharmacist; and
(4) Any other information the board deems necessary.
(e) Pay the fee required by regulation of the board.
κ2003 Statutes of Nevada, Page 20 (Chapter 2, AB 38)κ
(f) Submit evidence satisfactory to the board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state or country in which the pharmacy is located.
(g) Submit certification satisfactory to the board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.
(h) Be certified by the board pursuant to section 43 of this act if the pharmacy operates an Internet pharmacy.
3. In addition to the requirements of subsection 2, the board may require such a pharmacy to be inspected by the board.
Sec. 52. 1. This section and [sections] section 50 of this act become effective on June 30, 2001.
2. Sections 1 to 28, inclusive, [and] 30 to [51,] 46, inclusive, 48, 49 and 51 of this act become effective on July 1, 2001.
[2. Section]
3. Sections 29 and 47 of this act [becomes] become effective at 12:01 a.m. on July 1, 2001.
Sec. 21. Section 7 of chapter 240, Statutes of Nevada 2001, at page 1079, is hereby amended to read as follows:
Sec. 7. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency account is hereby created in the state general fund.
2. The state board of examiners shall administer the reserve for statutory contingency account . [, and the] The money in the account must be expended only for:
(a) The payment of claims which are obligations of the state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state pursuant to:
(1) Chapter 472 of NRS arising from operations of the division of forestry of the state department of conservation and natural resources directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and 293B.210,
[but the claims must] except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
(c) The payment of claims which are obligations of the state pursuant to nrs 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims; and
(d) The payment of claims which are obligations of the state pursuant to nrs 535.030 arising from remedial actions taken by the state engineer when the condition of a dam becomes dangerous to the safety of life or property.
3. The state board of examiners may authorize its clerk, under such circumstances as it deems appropriate, to approve, on behalf of the board, the payment of claims from the reserve for statutory contingency account.
κ2003 Statutes of Nevada, Page 21 (Chapter 2, AB 38)κ
of the board, the payment of claims from the reserve for statutory contingency account. For the purpose of exercising any authority granted to the clerk of the state board of examiners pursuant to this subsection, any statutory reference to the state board of examiners relating to such a claim shall be deemed to refer to the clerk of the board.
Sec. 22. Sections 1 and 3 of chapter 252, Statutes of Nevada 2001, at pages 1118 and 1120, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile or manufactured home is eligible to become real property if it becomes permanently affixed to land which is owned by the owner of the mobile or manufactured home.
2. A mobile or manufactured home becomes real property when the assessor of the county in which the mobile or manufactured home is located has placed it on the tax roll as real property. [The] Except as otherwise provided in subsection 5, the assessor shall not place a mobile or manufactured home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of business and industry that the mobile or manufactured home has been converted to real property;
(b) The unsecured personal property tax has been paid in full for the current fiscal year;
(c) An affidavit of conversion of the mobile or manufactured home from personal to real property has been recorded in the county recorders office of the county in which the mobile or manufactured home is located; and
(d) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile or manufactured home in its former condition as personal property.
3. A mobile or manufactured home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.
4. Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing.
5. [A manufactured home, as defined in NRS 489.113, constitutes real property if it becomes, on or after January 1, 2000, permanently affixed to land which is owned by the owner of the manufactured home.
6.] The assessor of the county in which a manufactured home is located shall, without regard to the conditions set forth in subsection 2, place the manufactured home on the tax roll as real property if, on or after July 1, 2001, the manufactured home is permanently affixed to a residential lot pursuant to an ordinance required by NRS 278.02095.
6. The provisions of subsection 5 do not apply to a manufactured home located in:
(a) An area designated by local ordinance for the placement of a manufactured home without conversion to real property;
κ2003 Statutes of Nevada, Page 22 (Chapter 2, AB 38)κ
(b) A mobile home park; or
(c) Any other area to which the provisions of NRS 278.02095 do not apply.
7. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 3. 1. This section and section 2 of this act [becomes] become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.
Sec. 23. Sections 1, 3 and 4 of chapter 258, Statutes of Nevada 2001, at pages 1138, 1140 and 1142, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 200.508 is hereby amended to read as follows:
200.508 1. A person who [:
(a) Willfully] willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect [; or
(b) Is] :
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, 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 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, 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; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, 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 2 years and a maximum term of not more than 15 years,
unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect [,is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
κ2003 Statutes of Nevada, Page 23 (Chapter 2, AB 38)κ
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if] :
(a) If substantial bodily or mental harm results to the child:
[(a)] (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
[(b)] (2) In all other such cases to which [paragraph (a)] subparagraph (1) does not apply, 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 2 years and a maximum term of not more than 20 years [.] ; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,
unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that he delivers or allows the delivery of a child to a provider of emergency services pursuant to section 1 of [this act.] Senate Bill No. 191 of this session.
4. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) Physical injury means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
κ2003 Statutes of Nevada, Page 24 (Chapter 2, AB 38)κ
Sec. 3. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the written request of a victim or witness, inform him:
(a) When the defendant is released from custody at any time before or during the trial;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which he was directly involved.
2. If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection 4;
(2) The form that the witness must use to request notification; and
(3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b) To each person listed in subsection 3, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
3. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 2:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
4. Except as otherwise provided in subsection 5, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.
5. If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
κ2003 Statutes of Nevada, Page 25 (Chapter 2, AB 38)κ
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
6. The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
7. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims household.
(b) Sexual offense means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to NRS 201.450;
(11) Luring a child using a computer, system or network pursuant to section 4 of [this act,] Senate Bill No. 551 of this session, if punished as a felony;
(12) Annoyance or molestation of a minor pursuant to NRS 207.260;
(13) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
(14) An attempt to commit an offense listed in this paragraph.
Sec. 4. NRS 213.1255 is hereby amended to read as follows:
213.1255 1. In addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years, the board shall, when appropriate:
(a) Require the parolee to participate in psychological counseling;
(b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and
(c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.
κ2003 Statutes of Nevada, Page 26 (Chapter 2, AB 38)κ
2. The provisions of subsection 1 apply to a prisoner who was convicted of:
(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;
(b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;
(c) An offense punishable pursuant to subsection 2 of NRS 200.750;
(d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;
(e) Lewdness with a child pursuant to NRS 201.230;
(f) Luring a child using a computer, system or network pursuant to section 4 of [this act,] Senate Bill No. 551 of this session, if punished as a felony; or
(g) Any combination of the crimes listed in paragraphs (a) to (f), inclusive.
Sec. 24. 1. Sections 9, 22, 27 and 28 of chapter 262, Statutes of Nevada 2001, at pages 1163, 1166 and 1169, are hereby amended to read respectively as follows:
Sec. 9. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.451, inclusive, unless the context otherwise requires:
1. Offender includes [a] :
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the division of parole and probation of the department of public safety pursuant to section 7 of this act.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 22. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 3 and 4, 5 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court may order those records sealed without a hearing unless the division of parole and probation of the department of public safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order.
κ2003 Statutes of Nevada, Page 27 (Chapter 2, AB 38)κ
named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
4. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.210.
(b) Eligible person means a person who has:
(1) Successfully completed a program for reentry to which he participated in pursuant to section 7 or 19 of this act; and
(2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.
(c) Program for reentry means a program for reentry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.
(d) Sexual offense has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 179.245.
Sec. 27. 1. The amendatory provisions of section [12] 11.5 of this act do not apply to offenses committed before July 1, 2001.
2. The amendatory provisions of section 12 of this act do not apply to offenses committed before July 1, 2003.
Sec. 28. 1. This section and sections 1 to 8, inclusive, and 13 to 27, inclusive, of this act [becomes] become effective on July 1, 2001.
2. Sections 8.5, 9.5, 10.5 and 11.5 of this act become effective on July 1, 2001, and expire by limitation on June 30, 2003.
3. Sections 9, 10, 11 and 12 of this act become effective at 12:01 a.m. on July 1, 2003.
2. Chapter 262, Statutes of Nevada 2001, at page 1162, is hereby amended by adding thereto a new section to be designated as section 8.5, immediately following section 8, to read as follows:
Sec. 8.5. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.451, inclusive, unless the context otherwise requires:
1. Offender includes:
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the division of parole and probation of the department of public safety pursuant to NRS 209.4314 [.] or section 7 of this act.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute.
κ2003 Statutes of Nevada, Page 28 (Chapter 2, AB 38)κ
conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
3. Chapter 262, Statutes of Nevada 2001, at page 1163, is hereby amended by adding thereto a new section to be designated as section 9.5, immediately following section 9, to read as follows:
Sec. 9.5. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence;
(b) For the period he is in residential confinement; and
(c) For the period he is in the custody of the division of parole and probation of the department of public safety pursuant to NRS 209.4314 [,] or section 7 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
4. Chapter 262, Statutes of Nevada 2001, at page 1163, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:
Sec. 10.5. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
κ2003 Statutes of Nevada, Page 29 (Chapter 2, AB 38)κ
conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence;
(b) For the period he is in residential confinement; and
(c) For the period he is in the custody of the division of parole and probation of the department of public safety pursuant to NRS 209.4314 [,] or section 7 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
5. Chapter 262, Statutes of Nevada 2001, at page 1164, is hereby amended by adding thereto a new section to be designated as section 11.5, immediately following section 11, to read as follows:
Sec. 11.5. NRS 212.187 is hereby amended to read as follows:
212.187 1. A prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of public safety pursuant to NRS 209.4314 or section 7 of this act or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of public safety pursuant to NRS 209.4314 or section 7 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
κ2003 Statutes of Nevada, Page 30 (Chapter 2, AB 38)κ
public safety pursuant to NRS 209.4314 or section 7 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, sexual conduct:
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with another persons clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 25. Section 12 of chapter 264, Statutes of Nevada 2001, at page 1172, is hereby amended to read as follows:
Sec. 12. NRS 118B.040 is hereby amended to read as follows:
118B.040 1. A rental agreement or lease between a landlord and tenant to rent or lease any [mobile] manufactured home lot must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.
2. A rental agreement or lease must contain, but is not limited to, provisions relating to:
(a) The duration of the agreement.
(b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.
(c) Restrictions on occupancy by children or pets.
(d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.
(e) Deposits which may be required and the conditions for their refund.
(f) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(g) The name and address of the owner of the [mobile] manufactured home park and his authorized agent.
(h) Any restrictions on subletting.
(i) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
(j) Any restriction of the park to older persons pursuant to federal law.
(k) The dimensions of the [mobile] manufactured home lot of the tenant.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or regulation.
(n) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the [mobile] manufactured home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the [mobile] manufactured home park.
κ2003 Statutes of Nevada, Page 31 (Chapter 2, AB 38)κ
and the total amount to be recovered by the landlord from all tenants in the [mobile] manufactured home park.
Sec. 26. Section 5 of chapter 268, Statutes of Nevada 2001, at page 1220, is hereby amended to read as follows:
Sec. 5. NRS 62.172 is hereby amended to read as follows:
62.172 1. If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an offense that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.
2. If a child is taken into custody for an offense described in subsection 1, the child must not be released before a detention hearing is held pursuant to subsection [8] 9 of NRS 62.170.
3. At a detention hearing held pursuant to subsection [8] 9 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:
(a) Detained at a facility for the detention of juveniles; or
(b) Placed under a program of supervision in his home that may include electronic surveillance of the child.
4. If a child is evaluated by a qualified professional pursuant to subsection 3, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.
5. As used in this section:
(a) Firearm has the meaning ascribed to it in NRS 202.253.
(b) Qualified professional means:
(1) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;
(2) A psychologist licensed to practice in this state;
(3) A social worker holding a masters degree in social work and licensed in this state as a clinical social worker;
(4) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or
(5) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.
κ2003 Statutes of Nevada, Page 32 (Chapter 2, AB 38)κ
Sec. 27. Section 2 of chapter 273, Statutes of Nevada 2001, at page 1239, is hereby amended to read as follows:
Sec. 2. NRS 365.545 is hereby amended to read as follows:
365.545 1. The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund and must be allocated monthly by the department to the governmental entity which owns the airport at which the tax was collected, or if the airport is privately owned, to the county in which the airport is located.
2. The money so received must be used by the governmental entity receiving it to pay the cost of:
(a) Transportation projects related to airports, including access on the ground to airports;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a);
(c) Promoting the use of an airport, including, without limitation, increasing the number and availability of flights at the airport; [or]
(d) Contributing money to the trust fund for aviation created by section 1 of this act; or
(e) Any combination of those purposes.
3. Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.
4. Any money pledged pursuant to the provisions of subsection 3 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec. 28. Section 21 of chapter 275, Statutes of Nevada 2001, at page 1251, is hereby amended to read as follows:
Sec. 21. NRS 523.164 is hereby amended to read as follows:
523.164 1. The director shall adopt regulations for the conservation of energy in buildings, including manufactured homes, which establish the minimum standards for:
(a) The construction of floors, walls, ceilings and roofs;
(b) The equipment and systems for heating, ventilation and air-conditioning;
(c) Electrical equipment and systems;
(d) Insulation; and
(e) Other factors which affect the use of energy in a building.
2. The director may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.
3. The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.
4. The standards adopted by the director are the minimum standards for the conservation of energy which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy in buildings. Such governing bodies shall assist the director in the enforcement of the regulations adopted pursuant to this section.
κ2003 Statutes of Nevada, Page 33 (Chapter 2, AB 38)κ
5. The director shall solicit comments regarding the adoption of regulations pursuant to this section from:
(a) Persons in the business of constructing and selling homes;
(b) Contractors;
(c) Public utilities;
(d) Local building [inspectors;] officials; and
(e) The general public,
before adopting any regulations. The director must conduct at least three hearings in different locations in the state, after giving 30 days notice of each hearing, before he may adopt any regulations pursuant to this section.
Sec. 29. Sections 4 and 6 of chapter 279, Statutes of Nevada 2001, at pages 1272 and 1274, respectively, are hereby amended to read respectively as follows:
Sec. 4. NRS 338.1727 is hereby amended to read as follows:
338.1727 1. After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:
(a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and
(b) Set forth the date by which final proposals must be submitted to the public body.
2. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.
3. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1 and comply with the provisions of NRS 338.141.
4. After receiving the final proposals for the public work, the public body shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2; or
(b) Reject all the final proposals.
5. If a public body selects a final proposal pursuant to paragraph (a) of subsection 4, the public body shall, at its next regularly scheduled meeting:
(a) Review and ratify the selection.
κ2003 Statutes of Nevada, Page 34 (Chapter 2, AB 38)κ
(b) Award the design-build contract to the design-build team whose proposal is selected.
(c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.
(d) Make available to the public a summary setting forth the factors used by the public body to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
6. A contract awarded pursuant to this section : [must specify:]
(a) Must specify:
(1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;
[(b)] (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and
[(c)] (3) A date by which performance of the work required by the contract must be completed.
(b) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.
(c) Except as otherwise provided in paragraph (d), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.
(d) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.
7. Any provision of a contract that is in violation of paragraph (c) of subsection 6 is declared to be contrary to the public policy of this state and is void.
8. A design-build team to whom a contract is awarded pursuant to this section shall:
κ2003 Statutes of Nevada, Page 35 (Chapter 2, AB 38)κ
(a) Assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner; and
(b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the public work.
Sec. 6. [1.] This section and sections 1, 2, 4 and 5 of this act become effective on October 1, 2001.
[2. Section 4 of this act expires by limitation on October 1, 2003.]
Sec. 30. 1. Sections 11, 37, 39, 40, 41, 42 and 44 of chapter 280, Statutes of Nevada 2001, at pages 1275, 1283, 1285, 1286 and 1287, are hereby amended to read respectively as follows:
Sec. 11. 1. Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitral proceeding may waive, or the parties may vary the effect of, the requirements of sections 2 to 37, inclusive, of this act to the extent permitted by law.
2. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(a) Waive or agree to vary the effect of the requirements of subsection 1 of section 12, subsection 1 of section 13, section 15, subsection 1 or 2 of section 24, section 33 or 35 of this act;
(b) Agree to unreasonably restrict the right under section 16 of this act to notice of the initiation of an arbitral proceeding;
(c) Agree to unreasonably restrict the right under section 19 of this act to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under section 23 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 2 to 37, inclusive, of this act, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
3. A party to an agreement to arbitrate or arbitral proceeding may not waive, or the parties may not vary the effect of, the requirements of this section, NRS 38.330 or subsection 1 or 3 of section 10, section 14, 21, 25, subsection 3 or 4 of section 27, section 29, 30, 31, subsection 1 or 2 of section 32, section 36, 37 or 38 of this act.
Sec. 37. (Deleted by amendment.)
Sec. 39. NRS 38.330 is hereby amended to read as follows:
38.330 1. If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party.
κ2003 Statutes of Nevada, Page 36 (Chapter 2, AB 38)κ
mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.
3. The division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117, to the extent that money is available in the account for this purpose.
4. Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.075 to 38.105, inclusive, 38.115, 38.125, 38.135, 38.155 and 38.165 [.] or sections 22, 23, 24, 26 to 29, inclusive, 31 and 32 of this act, as determined pursuant to section 10 of this act. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.
5. If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.135 [.] or section 29 of this act, as determined pursuant to section 10 of this act.
6. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of chapter 38 of NRS. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.145 [.] or section 30 of this act, as determined pursuant to section 10 of this act.
7. If, after the conclusion of arbitration, a party:
κ2003 Statutes of Nevada, Page 37 (Chapter 2, AB 38)κ
(a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.145 [;] or section 30 of this act, as determined pursuant to section 10 of this act; or
(b) Commences a civil action based upon any claim which was the subject of arbitration,
the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorneys fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.
8. Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.
9. As used in this section, geographic area means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.
Sec. 40. NRS 280.190 is hereby amended to read as follows:
280.190 The committee shall:
1. Direct the department to prepare and shall approve an annual operating budget for the department.
2. Submit the budget to the governing bodies of the participating political subdivisions before April 1 for funding for the following fiscal year.
3. Direct the department to prepare and shall adopt the funding apportionment plan provided for in NRS 280.201 and submit the plan before February 1 to the governing bodies of the participating political subdivisions for approval. The governing bodies shall approve or reject the plan before March 1.
4. If any of the governing bodies fails to approve the apportionment plan, the plan or any disputed element thereof must be submitted to an arbitration panel for resolution. The governing body of each participating political subdivision shall name one arbitrator to the panel, who must reside within this state. If this results in an even number of arbitrators, the arbitrators so named shall, by majority vote, select an additional arbitrator, who must reside within this state and who shall serve as chairman of the panel. The department shall provide such advice and technical and clerical assistance as is requested by the panel. The panel must make its decision and submit it to the participating political subdivisions before April 1. When submitted, the decision is final and binding upon the participating political subdivisions. Except as otherwise provided in this section, the provisions of the Uniform Arbitration Act contained in NRS 38.015 to 38.205, inclusive, or sections 2 to 37, inclusive, of this act, as determined pursuant to section 10 of this act, apply.
Sec. 41. NRS 391.3194 is hereby amended to read as follows:
391.3194 1. Within 5 days after the superintendent receives the report of the hearing officer he shall either withdraw the recommendation to demote, dismiss or not reemploy the licensed employee or file his recommendation with the board.
2. Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officers recommendation and notify the licensed employee in writing of its decision.
κ2003 Statutes of Nevada, Page 38 (Chapter 2, AB 38)κ
officers recommendation and notify the licensed employee in writing of its decision.
3. The board may, before making a decision, refer the report back to the hearing officer for further evidence and recommendations. Within 15 days after the report is referred to him, the hearing officer shall complete the report and file it with the board and mail a copy to the superintendent and licensed employee.
4. The licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report [pursuant to] in the manner provided in NRS 38.145 or 38.155 [.] or sections 30 and 31 of this act, as determined pursuant to section 10 of this act.
Sec. 42. NRS 487.563 is hereby amended to read as follows:
487.563 1. Each person who submits an application for registration pursuant to the provisions of NRS 487.560 must include in the application a written statement to the department that specifies whether he agrees to submit to binding arbitration any claims against him arising out of a contract for repairs made by him to a motor vehicle. If the person fails to submit the statement to the department or specifies in the statement that he does not agree to arbitrate those claims, the person shall file with the department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this state. The form of the bond must be approved by the attorney general and be conditioned upon whether the applicant conducts his business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive.
2. The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the department, pursuant to the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank or savings and loan association located in this state, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
4. If a claim is arbitrated pursuant to the provisions of this section, the proceedings for arbitration must be conducted in accordance with the provisions of NRS 38.015 to 38.205, inclusive [.] , or sections 2 to 37, inclusive, of this act, as determined pursuant to section 10 of this act.
5. If a person:
κ2003 Statutes of Nevada, Page 39 (Chapter 2, AB 38)κ
(a) Submits the statement to the department specifying that he agrees to arbitrate a claim pursuant to the provisions of subsection 1; and
(b) Fails to submit to binding arbitration any claim specified in that subsection,
the person asserting the claim may notify the department of that fact. Upon receipt of the notice, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to submit the claim to arbitration.
6. If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to comply with the order.
7. The department may reinstate or renew a certificate of registration that is:
(a) Revoked pursuant to the provisions of subsection 5 if the person whose certificate of registration is revoked:
(1) Submits the claim to arbitration pursuant to the provisions of subsection 4 and notifies the department of that fact; or
(2) Files a bond or makes a deposit with the department pursuant to the provisions of this section.
(b) Revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.
Sec. 44. 1. This section and sections 1 to [38, inclusive,] 39, inclusive, 40, 41 and 43.5 of this act become effective on October 1, 2001.
2. Section 42 of this act becomes effective at 12:01 a.m. on October 1, 2001.
3. Sections [39 to 43, inclusive,] 39.5, 40.5, 41.5, 42.3, 42.7 and 43 of this act become effective on October 1, 2003.
[3.] 4. Section 38 of this act expires by limitation on [October 1,] September 30, 2003.
2. Chapter 280, Statutes of Nevada 2001, at page 1285, is hereby amended by adding thereto a new section to be designated as section 39.5, immediately following section 39, to read as follows:
Sec. 39.5. NRS 38.330 is hereby amended to read as follows:
38.330 1. If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.
κ2003 Statutes of Nevada, Page 40 (Chapter 2, AB 38)κ
provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.
3. The division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117, to the extent that money is available in the account for this purpose.
4. Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of [NRS 38.075 to 38.105, inclusive, 38.115, 38.125, 38.135, 38.155 and 38.165 or] sections 22, 23, 24, 26 to 29, inclusive, 31 and 32 [of this act, as determined pursuant to section 10] of this act. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.
5. If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to [NRS 38.135 or] section 29 [of this act, as determined pursuant to section 10] of this act.
6. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of chapter 38 of NRS. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of [NRS 38.145 or] section 30 [of this act, as determined pursuant to section 10] of this act.
7. If, after the conclusion of arbitration, a party:
(a) Applies to have an award vacated and a rehearing granted pursuant to [NRS 38.145 or] section 30 [of this act, as determined pursuant to section 10] of this act; or
κ2003 Statutes of Nevada, Page 41 (Chapter 2, AB 38)κ
(b) Commences a civil action based upon any claim which was the subject of arbitration,
the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorneys fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.
8. Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.
9. As used in this section, geographic area means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.
3. Chapter 280, Statutes of Nevada 2001, at page 1285, is hereby amended by adding thereto a new section to be designated as section 40.5, immediately following section 40, to read as follows:
Sec. 40.5. NRS 280.190 is hereby amended to read as follows:
280.190 The committee shall:
1. Direct the department to prepare and shall approve an annual operating budget for the department.
2. Submit the budget to the governing bodies of the participating political subdivisions before April 1 for funding for the following fiscal year.
3. Direct the department to prepare and shall adopt the funding apportionment plan provided for in NRS 280.201 and submit the plan before February 1 to the governing bodies of the participating political subdivisions for approval. The governing bodies shall approve or reject the plan before March 1.
4. If any of the governing bodies fails to approve the apportionment plan, the plan or any disputed element thereof must be submitted to an arbitration panel for resolution. The governing body of each participating political subdivision shall name one arbitrator to the panel, who must reside within this state. If this results in an even number of arbitrators, the arbitrators so named shall, by majority vote, select an additional arbitrator, who must reside within this state and who shall serve as chairman of the panel. The department shall provide such advice and technical and clerical assistance as is requested by the panel. The panel must make its decision and submit it to the participating political subdivisions before April 1. When submitted, the decision is final and binding upon the participating political subdivisions. Except as otherwise provided in this section, the provisions of [the Uniform Arbitration Act contained in NRS 38.015 to 38.205, inclusive, or] sections 2 to 37, inclusive, of this act [, as determined pursuant to section 10 of this act,] apply.
4. Chapter 280, Statutes of Nevada 2001, at page 1285, is hereby amended by adding thereto a new section to be designated as section 41.5, immediately following section 41, to read as follows:
Sec. 41.5. NRS 391.3194 is hereby amended to read as follows:
391.3194 1. Within 5 days after the superintendent receives the report of the hearing officer he shall either withdraw the recommendation to demote, dismiss or not reemploy the licensed employee or file his recommendation with the board.
κ2003 Statutes of Nevada, Page 42 (Chapter 2, AB 38)κ
2. Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officers recommendation and notify the licensed employee in writing of its decision.
3. The board may, before making a decision, refer the report back to the hearing officer for further evidence and recommendations. Within 15 days after the report is referred to him, the hearing officer shall complete the report and file it with the board and mail a copy to the superintendent and licensed employee.
4. The licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report in the manner provided in [NRS 38.145 or 38.155 or] sections 30 and 31 of [this act, as determined pursuant to section 10 of] this act.
5. Chapter 280, Statutes of Nevada 2001, at page 1286, is hereby amended by adding thereto new sections to be designated as sections 42.3 and 42.7, immediately following section 42, to read as follows:
Sec. 42.3. NRS 487.563 is hereby amended to read as follows:
487.563 1. Each person who submits an application for registration pursuant to the provisions of NRS 487.560 must include in the application a written statement to the department that specifies whether he agrees to submit to binding arbitration any claims against him arising out of a contract for repairs made by him to a motor vehicle. If the person fails to submit the statement to the department or specifies in the statement that he does not agree to arbitrate those claims, the person shall file with the department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this state. The form of the bond must be approved by the attorney general and be conditioned upon whether the applicant conducts his business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive.
2. The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the department, pursuant to the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank or savings and loan association located in this state, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
4. If a claim is arbitrated pursuant to the provisions of this section, the proceedings for arbitration must be conducted in accordance with the provisions of [NRS 38.015 to 38.205, inclusive, or] sections 2 to 37, inclusive, [of this act, as determined pursuant to section 10] of this act.
κ2003 Statutes of Nevada, Page 43 (Chapter 2, AB 38)κ
accordance with the provisions of [NRS 38.015 to 38.205, inclusive, or] sections 2 to 37, inclusive, [of this act, as determined pursuant to section 10] of this act.
5. If a person:
(a) Submits the statement to the department specifying that he agrees to arbitrate a claim pursuant to the provisions of subsection 1; and
(b) Fails to submit to binding arbitration any claim specified in that subsection,
the person asserting the claim may notify the department of that fact. Upon receipt of the notice, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to submit the claim to arbitration.
6. If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to comply with the order.
7. The department may reinstate or renew a certificate of registration that is:
(a) Revoked pursuant to the provisions of subsection 5 if the person whose certificate of registration is revoked:
(1) Submits the claim to arbitration pursuant to the provisions of subsection 4 and notifies the department of that fact; or
(2) Files a bond or makes a deposit with the department pursuant to the provisions of this section.
(b) Revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.
Sec. 42.7. Section 11 of this act is hereby amended to read as follows:
Sec. 11. 1. Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitral proceeding may waive, or the parties may vary the effect of, the requirements of sections 2 to 37, inclusive, of this act to the extent permitted by law.
2. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(a) Waive or agree to vary the effect of the requirements of subsection 1 of section 12, subsection 1 of section 13, section 15, subsection 1 or 2 of section 24, section 33, or section 35 of this act;
(b) Agree to unreasonably restrict the right under section 16 of this act to notice of the initiation of an arbitral proceeding;
(c) Agree to unreasonably restrict the right under section 19 of this act to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under section 23 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 2 to 37, inclusive, of this act, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
3. A party to an agreement to arbitrate or arbitral proceeding may not waive, or the parties may not vary the effect of, the requirements of this section, NRS 38.330 or subsection 1 or 3 of section 10, section 14, 21, 25, subsection 3 or 4 of section 27, section 29, 30, 31, subsection 1 or 2 of section 32, section 36 [, 37 or 38] or 37 of this act.
κ2003 Statutes of Nevada, Page 44 (Chapter 2, AB 38)κ
requirements of this section, NRS 38.330 or subsection 1 or 3 of section 10, section 14, 21, 25, subsection 3 or 4 of section 27, section 29, 30, 31, subsection 1 or 2 of section 32, section 36 [, 37 or 38] or 37 of this act.
6. Chapter 280, Statutes of Nevada 2001, at page 1286, is hereby amended by adding thereto a new section to be designated as section 43.5, immediately following section 43, to read as follows:
Sec. 43.5. Sections 2 to 36, inclusive, of this act do not affect an action or proceeding commenced or right accrued before October 1, 2001. Subject to section 10 of this act, an agreement to arbitrate made before October 1, 2001, is governed by the provisions of NRS 38.015 to 38.205, inclusive, as they existed on that date.
Sec. 31. Section 3 of chapter 283, Statutes of Nevada 2001, at page 1296, is hereby amended to read as follows:
Sec. 3. NRS 445B.500 is hereby amended to read as follows:
445B.500 1. Except as otherwise provided in this section and in NRS 445B.310:
(a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.
(b) The program:
(1) Must include, without limitation, standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation;
(2) May, in a county whose population is 400,000 or more, include requirements for the creation, receipt and exchange for consideration of credits to reduce and control air contaminants in accordance with NRS 445B.508; and
(3) Must provide for adequate administration, enforcement, financing and staff.
(c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and the federal act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.
(d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to [445B.450,] 445B.470, inclusive, 445B.560, 445B.570, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.
2. The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445B.610.
3. In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted pursuant to those sections.
κ2003 Statutes of Nevada, Page 45 (Chapter 2, AB 38)κ
officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred.
4. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the commission.
5. No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.
6. For the purposes of this section, plants which generate electricity by using steam produced by the burning of fossil fuel means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.
Sec. 32. Section 6 of chapter 285, Statutes of Nevada 2001, at page 1311, is hereby amended to read as follows:
Sec. 6. NRS 179D.035 is hereby amended to read as follows:
179D.035 Convicted includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:
1. A crime against a child that is listed in subsection 6 of NRS 179D.210.
2. A sexual offense that is listed in subsection 20 of NRS 179D.410.
3. A sexual offense that is listed in paragraph (b) of subsection [3] 2 of NRS 62.600.
Sec. 33. Sections 5 and 6 of chapter 294, Statutes of Nevada 2001, at pages 1348 and 1350, respectively, are hereby amended to read respectively as follows:
Sec. 5. NRS 350.020 is hereby amended to read as follows:
350.020 1. Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.
κ2003 Statutes of Nevada, Page 46 (Chapter 2, AB 38)κ
special election called for that purpose or the next general municipal election or general state election.
2. Such a special election may be held:
(a) At any time, including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or
(b) On the first Tuesday after the first Monday in June of an odd-numbered year.
The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing bodys determination is final. As used in this subsection, emergency means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.
3. If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within [60] 90 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the [municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the] municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election . [and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter.] The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.
4. The board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters.
κ2003 Statutes of Nevada, Page 47 (Chapter 2, AB 38)κ
existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters. If the question is approved, the board of trustees of the school district may issue the bonds for a period of 10 years after the date of approval by the voters, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, general obligations does not include medium-term obligations issued pursuant to NRS 350.087 to 350.095, inclusive.
5. At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district. If the amount in the reserve account falls below the amount required by this subsection:
(a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by this subsection; and
(b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to this subsection.
6. A municipality may issue special or medium-term obligations without an election.
Sec. 6. The amendatory provisions of this act do not apply to any building leased as of the effective date of this act pursuant to an agreement that would prohibit the lessee from complying with the provisions of section [1] 2 of this act until the agreement expires or is renewed.
Sec. 34. Section 1 of chapter 295, Statutes of Nevada 2001, at page 1350, is hereby amended to read as follows:
Section 1. NRS 449.160 is hereby amended to read as follows:
449.160 1. The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, upon any of the following grounds:
κ2003 Statutes of Nevada, Page 48 (Chapter 2, AB 38)κ
[1.] (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 [,] or 449.001 to 449.245, inclusive, or of any other law of this state or of the standards, rules and regulations adopted thereunder.
[2.] (b) Aiding, abetting or permitting the commission of any illegal act.
[3.] (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
[4.] (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
[5.] (e) Failure of the applicant to obtain written approval from the director of the department of human resources required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.
2. In addition to the provisions of subsection 1, the health division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The health division shall maintain a log of any complaints that it receives relating to activities for which the health division may revoke the license to operate a facility for the dependent pursuant to subsection 2.
4. On or before February 1 of each odd-numbered year, the health division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the health division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the health division pursuant to subsection 2.
Sec. 35. 1. Sections 4, 76, 98, 99, 106 and 131 of chapter 296, Statutes of Nevada 2001, at pages 1358, 1389, 1399, 1400, 1402 and 1413, respectively, are hereby amended to read respectively as follows:
Sec. 4. NRS 78.010 is hereby amended to read as follows:
78.010 1. As used in this chapter:
(a) Approval and vote as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.
(b) Articles, articles of incorporation and certificate of incorporation are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.1955, 78.209, 78.380, 78.385 and 78.390 and any articles of merger [or] , conversion, exchange or domestication filed pursuant to NRS 92A.200 to 92A.240, inclusive [.] , and sections 109 to 115, inclusive, of this act.
κ2003 Statutes of Nevada, Page 49 (Chapter 2, AB 38)κ
inclusive, of this act. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.
(c) Directors and trustees are synonymous terms.
(d) Receiver includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.
(e) Registered office means the office maintained at the street address of the resident agent.
(f) Resident agent means the agent appointed by the corporation upon whom process or a notice or demand authorized by law to be served upon the corporation may be served.
(g) Sign means to affix a signature to a document.
(h) Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, an electronic signature as defined in section 11 of [this act.] Senate Bill No. 49 of this session.
(i) Stockholder of record means a person whose name appears on the stock ledger of the corporation.
(j) Street address of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.
2. General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.
Sec. 76. NRS 86.274 is hereby amended to read as follows:
86.274 1. The secretary of state shall notify, by letter addressed to its resident agent, each limited-liability company deemed in default pursuant to the provisions of this chapter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.
2. On the first day of the [ninth] first anniversary of the month following the month in which the filing was required, the charter of the company is revoked and its right to transact business is forfeited.
3. The secretary of state shall compile a complete list containing the names of all limited-liability companies whose right to do business has been forfeited. The secretary of state shall forthwith notify each limited-liability company by letter addressed to its resident agent of the forfeiture of its charter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.
4. If the charter of a limited-liability company is revoked and the right to transact business is forfeited, all of the property and assets of the defaulting company must be held in trust by the managers or, if none, by the members of the company, and the same proceedings may be had with respect to its property and assets as apply to the dissolution of a limited-liability company [.] pursuant to NRS 86.505 and 86.521. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter the proceedings must be dismissed and all property restored to the company.
5. If the assets are distributed they must be applied in the following manner:
κ2003 Statutes of Nevada, Page 50 (Chapter 2, AB 38)κ
(a) To the payment of the filing fee, penalties and costs due to the state; and
(b) To the payment of the creditors of the company.
Any balance remaining must be distributed among the members as provided in subsection 1 of NRS 86.521.
Sec. 98. NRS 88.400 is hereby amended to read as follows:
88.400 1. If a [corporation] limited partnership has filed the list in compliance with NRS 88.395 and has paid the appropriate fee for the filing, the cancelled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
2. Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.
3. For default there must be added to the amount of the fee a penalty of $15, and unless the filings are made and the fee and penalty are paid on or before the first day of the [ninth] first anniversary of the month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits its right to transact any business within this state.
Sec. 99. NRS 88.405 is hereby amended to read as follows:
88.405 1. The secretary of state shall notify, by letter addressed to its resident agent, each defaulting limited partnership. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.
2. Immediately after the first day of the [ninth] first anniversary of the month following the month in which filing was required, the certificate of the limited partnership is revoked. The secretary of state shall compile a complete list containing the names of all limited partnerships whose right to do business has been forfeited. The secretary of state shall notify, by letter addressed to its resident agent, each limited partnership of the revocation of its certificate. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.
3. In case of revocation of the certificate and of the forfeiture of the right to transact business thereunder, all the property and assets of the defaulting domestic limited partnership are held in trust by the general partners, and the same proceedings may be had with respect thereto as for the judicial dissolution of a limited partnership. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the limited partnership the proceedings must at once be dismissed and all property restored to the general partners.
Sec. 106. NRS 88A.640 is hereby amended to read as follows:
88A.640 1. The secretary of state shall notify, by letter addressed to its resident agent, each business trust deemed in default pursuant to the provisions of this chapter. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.
κ2003 Statutes of Nevada, Page 51 (Chapter 2, AB 38)κ
2. [On] Immediately after the first day of the [ninth] first anniversary of the month following the month in which the filing was required, the certificate of trust of the business trust is revoked and its right to transact business is forfeited.
3. The secretary of state shall compile a complete list containing the names of all business trusts whose right to do business has been forfeited. He shall forthwith notify each such business trust, by letter addressed to its resident agent, of the revocation of its certificate of trust. The notice must be accompanied by a statement indicating the amount of the filing fee, penalties and costs remaining unpaid.
4. If the certificate of trust is revoked and the right to transact business is forfeited, all the property and assets of the defaulting business trust must be held in trust by its trustees as for insolvent business trusts, and the same proceedings may be had with respect thereto as are applicable to insolvent business trusts. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the certificate of trust, the proceedings must at once be dismissed.
Sec. 131. NRS 92A.230 is hereby amended to read as follows:
92A.230 1. Articles of merger , conversion or exchange must be signed by each domestic constituent entity as follows:
(a) By [the president or a vice president] an officer of a domestic corporation, whether or not for profit;
(b) By all the general partners of a domestic limited partnership;
(c) By a manager of a domestic limited-liability company with managers or by all the members of a domestic limited-liability company without managers; and
(d) By a trustee of a domestic business trust.
2. [If the domestic entity is a corporation, the articles must also be signed by the secretary or an assistant secretary.
3.] Articles of merger , conversion or exchange must be signed by each foreign constituent entity in the manner provided by the law governing it.
[4.] 3. As used in this section, signed means to have executed or adopted a name, word or mark, including, without limitation, an electronic signature as defined in section 11 of [this act,] Senate Bill No. 49 of this session, with the present intention to authenticate a document.
2. Chapter 296, Statutes of Nevada 2001, at page 1415, is hereby amended by adding thereto a new section to be designated as section 136.5, immediately following section 136, to read as follows:
Sec. 136.5. Section 34 of chapter 601, Statutes of Nevada 2001, at page 3187, is hereby amended to read as follows:
Sec. 34. NRS 88.400 is hereby amended to read as follows:
88.400 1. If a limited partnership has filed the list in compliance with NRS 88.395 and has paid the appropriate fee for the filing, the cancelled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
κ2003 Statutes of Nevada, Page 52 (Chapter 2, AB 38)κ
payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
2. Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.
3. For default there must be added to the amount of the fee a penalty of [$15,] $50, and unless the filings are made and the fee and penalty are paid on or before the first day of the first anniversary of the month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits its right to transact any business within this state.
Sec. 36. Chapter 307, Statutes of Nevada 2001, at page 1440, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:
Sec. 2.5. NRS 284.148 is hereby amended to read as follows:
284.148 1. An elected officer or an employee in the unclassified service who is [an elected officer,] on the personal staff of an elected officer, [or] an appointed head of a department or division who serves at the pleasure or discretion of an elected officer [, or who is] or an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.:
(a) Must be paid on a salary basis, within a maximum amount established by law;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for less than 1 week.
2. An employee in the classified service who is an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., and who is either a head of a department, division or bureau, or a doctoral level professional:
(a) Must be paid on a salary basis;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for less than 1 week.
3. Unless otherwise specified by statute, the department shall determine which positions in the classified and unclassified service are subject to the provisions of this section.
Sec. 37. Sections 2 and 3 of chapter 319, Statutes of Nevada 2001, at page 1497, are hereby amended to read respectively as follows:
Sec. 2. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, sections 2 to 5, inclusive, of Senate Bill No. 203 of this session , [and] sections 2 to 5, inclusive, of [this act,] Senate Bill No. 317 of this session and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.479 to 354.578, inclusive, [and] sections 2 and 3 of Senate Bill No. 203 of this session and sections 2 and 3 of [this act,] Senate Bill No. 317 of this session have the meanings ascribed to them in those sections.
Sec. 3. This act becomes effective at 12:02 a.m. on July 1, 2001.
κ2003 Statutes of Nevada, Page 53 (Chapter 2, AB 38)κ
Sec. 38. Sections 2 and 8 of chapter 321, Statutes of Nevada 2001, at pages 1501 and 1504, respectively, are hereby amended to read respectively as follows:
Sec. 2. NRS 483.347 is hereby amended to read as follows:
483.347 1. Except as otherwise provided in subsection 2, the department shall issue a rectangular-shaped drivers license which bears a front view colored photograph of the licensee . [if he] The photograph and any information included on the license must be placed in a manner which ensures that:
(a) If the licensee is 21 years of age or older [, or a profile view colored photograph if he] , the longer edges of the rectangle serve as the top and bottom of the license; or
(b) If the licensee is under 21 years of age [.] , the shorter edges of the rectangle serve as the top and bottom of the license.
2. The department may issue a temporary drivers license without a photograph of the licensee if the licensee is temporarily absent from this state and requests the renewal of, the issuance of a duplicate of, or a change in the information on, his drivers license. If the licensee returns to this state for 14 continuous days or more, the licensee shall, within 24 days after the date of his return, surrender the temporary license and obtain a license which bears his photograph in accordance with subsection 1. A licensee charged with violating the provisions of this subsection may not be convicted if he surrenders the temporary license, obtains a license which bears his photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.
3. The department shall:
(a) Establish a uniform procedure for the production of drivers licenses, applicable to renewal as well as to original licenses.
(b) By regulation, increase the fees provided in NRS 483.410, 483.820 and 483.910 as necessary to cover the actual cost of production of photographs for drivers licenses and identification cards. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of producing the drivers licenses required by this section.
Sec. 8. 1. This section and sections [2,] 3, 5, 6 and 7 of this act become effective on July 1, 2001.
2. Sections 1 , 2 and 4 of this act become effective at 12:01 a.m. on July 1, 2001.
Sec. 39. 1. Sections 14, 32, 40, 55, 57 and 61 of chapter 331, Statutes of Nevada 2001, at pages 1546, 1558, 1563, 1569 and 1570, are hereby amended to read respectively as follows:
Sec. 14. NRS 361.159 is hereby amended to read as follows:
361.159 1. Except as otherwise provided in subsection 3, when personal property, or a portion of personal property, which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:
κ2003 Statutes of Nevada, Page 54 (Chapter 2, AB 38)κ
(a) Portion of the property leased or used; and
(b) Percentage of time during the fiscal year that the property is leased to the lessee or used by the user, in accordance with section 1 of [this act,] Assembly Bill No. 433 of this session,
can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227 and in accordance with section 1 of [this act.] Assembly Bill No. 433 of this session.
2. Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.
3. The provisions of this section do not apply to personal property:
(a) Used in vending stands operated by blind persons under the auspices of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation.
(b) Owned by a public airport and used for the purposes of the public airport.
Sec. 32. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains:
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and
(b) The assessors parcel number of the property at the top of the first page of the document, if the county assessor has assigned a parcel number to the property. The county recorder is not required to verify that the assessors parcel number is correct.
2. The county recorder shall not record with respect to real property any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
3. The assessors parcel number shall not be deemed to be a complete legal description of the real property conveyed.
[3.] 4. Except as otherwise provided in subsection [4,] 5, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
κ2003 Statutes of Nevada, Page 55 (Chapter 2, AB 38)κ
[4.] 5. If a document described in subsection [3] 4 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.
Sec. 40. (Deleted by amendment.)
Sec. 55. NRS 575.190 is hereby amended to read as follows:
575.190 Using the tax levies from the board, the department and the Nevada beef council, [the county assessor, auditor or treasurer, or] the department [if it is administering the special tax,] shall calculate the total taxes due from each owner of livestock or sheep based on the report of owners of livestock or sheep approved by the [committee for assessing livestock.] department.
Sec. 57. NRS 575.210 is hereby amended to read as follows:
575.210 Whenever any taxes, or penalties or interest for delinquencies pursuant to NRS 562.175 or 575.130 or section 47.5 of this act are paid to the [county treasurer, he] department, the department shall record the payment and the date thereof with the name of the person liable therefor, and the amount of taxes, penalties and interest collected pursuant to NRS 562.170, 562.175, 567.110, 571.035, 575.070 and 575.130 [,] and section 47.5 of this act, and transmit the revenue thereof to the state controller for deposit into the appropriate account or fund in the state treasury.
Sec. 61. 1. This section and sections 1 to 10, inclusive, 11, 12, 14 to 25, inclusive, 27 to 44, inclusive, [and] 59 and 59.5 of this act become effective on July 1, 2001.
2. Sections 13 and 26 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 10 of this act expires by limitation on June 30, 2003.
4. Section 10.5 of this act becomes effective at 12:02 a.m. on July 1, 2003.
5. Sections 45 to 58, inclusive, and 60 of this act become effective on July 1, 2004.
2. Chapter 331, Statutes of Nevada 2001, at page 1570, is hereby amended by adding thereto a new section to be designated as section 59.5, immediately following section 59, to read as follows:
Sec. 59.5. Section 53 of chapter 370, Statutes of Nevada 2001, at page 1754, is hereby amended to read as follows:
Sec. 53. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains:
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and
(b) The assessors parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property.
κ2003 Statutes of Nevada, Page 56 (Chapter 2, AB 38)κ
assigned a parcel number to the property. The county recorder is not required to verify that the assessors parcel number is correct.
2. The county recorder shall not record with respect to real property any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
3. The assessors parcel number shall not be deemed to be a complete legal description of the real property conveyed.
4. Except as otherwise provided in subsection 5, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
5. If a document described in subsection 4 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.
Sec. 40. Sections 2, 3 and 9 of chapter 335, Statutes of Nevada 2001, at pages 1580, 1581 and 1585, respectively, are hereby amended to read respectively as follows:
Sec. 2. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) If the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
(b) If the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000:
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
κ2003 Statutes of Nevada, Page 57 (Chapter 2, AB 38)κ
business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
3. [If] Except as otherwise provided in NRS 361.0685 and subsection 4, if a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
4. If a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750 for a facility for the generation of electricity from renewable energy:
(a) The partial abatement must be:
(1) For a duration of 10 years;
(2) Equal to 50 percent of the taxes on real and personal property payable by the facility each year pursuant to this chapter; and
(3) Administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall:
(1) Notify the county assessor of the county in which the facility is located of the approval of the partial abatement; and
(2) Advise the county assessor of the county in which the facility is located as to the dates on which the partial abatement will begin and end.
5. As used in this section:
(a) Biomass means any organic matter that is available on a renewable basis, including, without limitation:
(1) Agricultural crops and agricultural wastes and residues;
(2) Wood and wood wastes and residues;
(3) Animal wastes;
(4) Municipal wastes; and
κ2003 Statutes of Nevada, Page 58 (Chapter 2, AB 38)κ
(5) Aquatic plants.
(b) Facility for the generation of electricity from renewable energy means a facility for the generation of electricity that:
(1) Uses renewable energy as its primary source of energy; and
(2) Has a generating capacity of at least 10 kilowatts.
The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity. The term does not include a facility that is located on residential property.
(c) Industrial or manufacturing business does not include a facility for the generation of electricity from renewable energy.
(d) Renewable energy means:
(1) Biomass;
(2) Solar energy; or
(3) Wind.
The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
Sec. 3. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) If the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
(b) If the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000:
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
3. [If] Except as otherwise provided in NRS 361.0685, if a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:
κ2003 Statutes of Nevada, Page 59 (Chapter 2, AB 38)κ
by the commission on economic development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
Sec. 9. 1. This section and sections 1 [, 2] and 4 to 8, inclusive, of this act become effective on July 1, 2001.
2. Sections 2 and 5 of this act expire by limitation on June 30, 2005.
3. Section 3 of this act becomes effective on July 1, 2005.
4. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2001.
Sec. 41. Section 24 of chapter 336, Statutes of Nevada 2001, at page 1591, is hereby amended to read as follows:
Sec. 24. 1. If any real property transfer tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:
(a) The amount of the real property transfer tax and any interest or penalties due;
(b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and
(c) That the county recorder has complied with all procedures required by law for determining the amount due.
2. From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:
(a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or
(b) A demand for payment if the property has been sold or otherwise transferred to another person.
3. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.
4. Within 5 years after the date of recording the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the time of recording the new certificate, the lien is extended for 5 years, unless sooner released or otherwise discharged.
κ2003 Statutes of Nevada, Page 60 (Chapter 2, AB 38)κ
Sec. 42. Sections 1, 2 and 6 of chapter 338, Statutes of Nevada 2001, at pages 1598, 1601 and 1605, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:
(a) [One-fourth in proportion to total area.
(b) One-fourth in proportion to population.
(c) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(d) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.] Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001;
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1 of each fiscal year, the department shall:
(a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.
(b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
κ2003 Statutes of Nevada, Page 61 (Chapter 2, AB 38)κ
June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3. Of the money allocated to each county pursuant to the provisions of [subsection 1: ] subsections 1 and 2:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated [pursuant to the following formula:
(1) If there are no incorporated cities in the county,] to the county [; and
(2) If there is at least one incorporated city in the county,] , if there are no incorporated cities in the county, or to the county and any incorporated cities in the county , if there is at least one incorporated city in the county, pursuant to the following formula [set forth for counties in subsection 1.] :
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
[3.] 4. The amount allocated to the counties and incorporated cities pursuant to subsections 1 , [and] 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
[4.] 5. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation [. The] and, if applicable, any adjustments to the estimates determined to be appropriate by the committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the department is conclusive.
[5.] 6. The department of transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
κ2003 Statutes of Nevada, Page 62 (Chapter 2, AB 38)κ
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.
7. Each county and incorporated city shall, not later than [January] March 1 of each year, submit a list to the department of transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
[6.] 8. If a county or incorporated city does not agree with the estimates prepared by the department of transportation pursuant to subsection 6, the county or incorporated city may request that the subcommittee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the subcommittee not later than October 15.
9. The subcommittee shall review any request it receives pursuant to subsection 8 and report to the committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate. The committee shall hold a public hearing and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the committee pursuant to this subsection is conclusive.
10. The subcommittee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities and report regularly to the committee concerning its findings and recommendations regarding that fiscal impact.
11. As used in this section [, construction,] :
(a) Committee means the legislative committee for local government taxes and finance established pursuant to NRS 218.53881.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
[(a)] (1) Grades and regrades;
[(b)] (2) Graveling, oiling, surfacing, macadamizing and paving;
[(c)] (3) Sweeping, cleaning and sanding roads and removing snow from a road;
[(d)] (4) Crosswalks and sidewalks;
[(e)] (5) Culverts, catch basins, drains, sewers and manholes;
[(f)] (6) Inlets and outlets;
[(g)] (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
[(h)] (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
κ2003 Statutes of Nevada, Page 63 (Chapter 2, AB 38)κ
[(i)] (9) Rights of way;
[(j)] (10) Grade and traffic separators;
[(k)] (11) Fences, cattle guards and other devices to control access to a county or city road;
[(l)] (12) Signs and devices for the control of traffic; and
[(m)] (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
(d) Subcommittee means the subcommittee appointed pursuant to NRS 218.53884.
Sec. 2. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:
(a) Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001;
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1 of each fiscal year, the department shall:
(a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.
(b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
κ2003 Statutes of Nevada, Page 64 (Chapter 2, AB 38)κ
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3. Of the money allocated to each county pursuant to the provisions of subsections 1 and 2:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
5. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the department is conclusive.
6. The department of transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
κ2003 Statutes of Nevada, Page 65 (Chapter 2, AB 38)κ
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.
7. Each county and incorporated city shall, not later than March 1 of each year, submit a list to the department of transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
8. If a county or incorporated city does not agree with the estimates prepared by the department of transportation pursuant to subsection 6, the county or incorporated city may request that the [subcommittee] committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the [subcommittee] committee not later than October 15.
9. [The subcommittee shall review any request it receives pursuant to subsection 8 and report to the committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate.] The committee shall hold a public hearing and review any request it receives pursuant to subsection 8 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the committee pursuant to this subsection is conclusive.
10. The [subcommittee] committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities . [and report regularly to the committee] Biennially, the committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact [.] and submit the report on or before February 15 of each odd-numbered year to the director of the legislative counsel bureau for transmittal to the senate and assembly committees on taxation of the Nevada legislature for their review.
11. As used in this section:
(a) Committee means the [legislative committee for local government taxes and finance established pursuant to NRS 218.53881.] committee on local government finance created pursuant to section 4 of Senate Bill No. 317 of this session.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1) Grades and regrades;
(2) Graveling, oiling, surfacing, macadamizing and paving;
(3) Sweeping, cleaning and sanding roads and removing snow from a road;
κ2003 Statutes of Nevada, Page 66 (Chapter 2, AB 38)κ
(4) Crosswalks and sidewalks;
(5) Culverts, catch basins, drains, sewers and manholes;
(6) Inlets and outlets;
(7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9) Rights of way;
(10) Grade and traffic separators;
(11) Fences, cattle guards and other devices to control access to a county or city road;
(12) Signs and devices for the control of traffic; and
(13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
[(d) Subcommittee means the subcommittee appointed pursuant to NRS 218.53884.]
Sec. 6. 1. This section and sections 3 and 4 of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3. Sections [1,] 3 and 4 of this act expire by limitation on July 1, 2005.
4. Section 2 of this act becomes effective [at 12:01 a.m.] on July 1, 2005.
Sec. 43. Section 12 of chapter 340, Statutes of Nevada 2001, at page 1614, is hereby amended to read as follows:
Sec. 12. 1. This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of this act become effective on October 1, 2001.
2. Section 6 of this act becomes effective on October 1, 2005.
3. Sections [9,] 10 and 11 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
4. [Sections 2, 5 and 9] Section 2 of this act [expire] expires by limitation on September 30, 2005.
5. Section 9 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
κ2003 Statutes of Nevada, Page 67 (Chapter 2, AB 38)κ
suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States only if that date occurs before September 30, 2005. If section 9 of this act becomes effective, that section expires by limitation on September 30, 2005.
Sec. 44. Section 16 of chapter 344, Statutes of Nevada 2001, at page 1636, is hereby amended to read as follows:
Sec. 16. 1. This section and [section] sections 13 and 15 of this act become effective upon passage and approval.
2. Sections 1 and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and at 12:01 a.m. on October 1, 2001, for all other purposes.
3. Sections 2, 3, 4 and 6 to 10, inclusive, of this act become effective on July 1, 2001.
4. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
5. Section 14 of this act becomes effective at 12:02 a.m. on July 1, 2001.
6. [Sections 11 and 13] Section 11 of this act [become] becomes effective at 12:01 a.m. on October 1, 2001.
Sec. 45. Sections 3 and 4 of chapter 345, Statutes of Nevada 2001, at pages 1638 and 1639, respectively, are hereby amended to read respectively as follows:
Sec. 3. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless :
(a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or
(b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this state who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and Neurology and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person [is not a menace to the health, safety or morals of others.] convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2. This section does not create a right in any person to be certified or to continue to be certified . [and no] No person may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.
κ2003 Statutes of Nevada, Page 68 (Chapter 2, AB 38)κ
the state or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.
3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child using a computer, system or network pursuant to section 4 of [this act,] Senate Bill No. 551 of this session, if punished as a felony.
(m) A violation of NRS 207.180.
(n) An attempt to commit an offense listed in paragraphs (b) to (m), inclusive.
(o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 4. NRS 176A.850 is hereby amended to read as follows:
176A.850 1. A person who:
(a) Has fulfilled the conditions of his probation for the entire period thereof;
(b) Is recommended for earlier discharge by the division; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
may be granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
3. A person honorably discharged from probation [is] :
(a) Is free from the terms and conditions of his probation [and] ;
(b) If he meets the requirements of NRS 176A.860, may apply to the division [, in person or by attorney, pursuant to NRS 176A.860, for the] to request a restoration of his civil rights ; and [, to the court, pursuant to]
(c) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction. [He]The person must be informed of [these privileges] the provisions of this section and NRS 176A.860 and 179.245 in his probation papers.
κ2003 Statutes of Nevada, Page 69 (Chapter 2, AB 38)κ
The person must be informed of [these privileges] the provisions of this section and NRS 176A.860 and 179.245 in his probation papers.
4. A person honorably discharged from probation who has had his civil rights restored by the court:
(a) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
(b) May vote, hold office or serve as a juror.
(c) Shall disclose the conviction to a gaming establishment and to the state [,] and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, establishment has the meaning ascribed to it in NRS 463.0148.
(d) Except as otherwise provided in paragraph (c), need not disclose the conviction to an employer or prospective employer.
5. The prior conviction of a person whose civil rights have been restored or who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person who has had his civil rights restored or who has been honorably discharged from probation, the prior conviction may be pleaded and proved if otherwise admissible.
Sec. 46. Section 2 of chapter 346, Statutes of Nevada 2001, at page 1642, is hereby amended to read as follows:
Sec. 2. NRS 244A.7641 is hereby amended to read as follows:
244A.7641 As used in NRS 244A.7641 to 244A.7647, inclusive, [and] section 1 of [this act,] Senate Bill No. 569 of this session and section 1 of this act, unless the context otherwise requires:
1. Mobile telephone service means cellular or other service to a telephone installed in a vehicle or which is otherwise portable.
2. Place of primary use has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.
3. Supplier means a person authorized by the Federal Communications Commission to provide mobile telephone service.
Sec. 47. Section 10 of chapter 350, Statutes of Nevada 2001, at page 1660, is hereby amended to read as follows:
Sec. 10. NRS 280.266 is hereby amended to read as follows:
280.266 1. Upon the adoption of a resolution pursuant to NRS 350.087, the committee may issue a medium-term obligation to purchase capital equipment or enter into a lease-purchase agreement for capital equipment.
2. The committee is not required to comply with the provisions of NRS 350.089 if it enters a lease-purchase agreement for capital equipment.
3. If a participating political subdivision withdraws from the department, the withdrawing political subdivision becomes liable for the proportion of the indebtedness for the medium-term obligations issued pursuant to this section that is attributable to the withdrawing political subdivision based on the percentage of the departments expenses paid by the withdrawing political subdivision pursuant to the formula in effect at the time the medium-term obligations were issued.
κ2003 Statutes of Nevada, Page 70 (Chapter 2, AB 38)κ
4. Each participating political subdivision at the time of dissolution becomes liable for the proportion of the indebtedness for the medium-term obligations issued pursuant to this section that is attributable to each participating political subdivision based on the percentage of the departments expenses paid by each participating political subdivision pursuant to the formula in effect at the time the medium-term obligations were issued.
Sec. 48. Sections 7 and 12 of chapter 356, Statutes of Nevada 2001, at pages 1683 and 1689, respectively, are hereby amended to read respectively as follows:
Sec. 7. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary or an amendment thereto must not become effective until after transmittal of a copy of the relevant application to the town board, citizens advisory council or town advisory board pursuant to subsection 5, if applicable, and after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If [the] a proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessors records, of real property located within 300 feet of the portion of the boundary being changed;
(c) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change, must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.
κ2003 Statutes of Nevada, Page 71 (Chapter 2, AB 38)κ
may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.
4. If [the] a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessors records, of real property located within 500 feet [from] of the portion of the boundary being changed;
(c) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change, must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.
5. If an application is filed with the governing body and the application involves a change in the boundary of a zoning district within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens advisory council or town advisory board.
6. If a notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
κ2003 Statutes of Nevada, Page 72 (Chapter 2, AB 38)κ
(b) The cover sheet, heading or subject line of a notice sent by electronic means,
must bear a statement in at least 10-point bold type or font in substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
[6.] 7. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
[7.] 8. A sign required pursuant to subsection [6] 7 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[8.] 9. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection [6,] 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
[9.] 10. The governing body shall remove or cause to be removed any sign required by subsection [6] 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[10.] 11. If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to subsection 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:
(a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and
(b) Makes a written finding that the public interest and necessity will be promoted by approval of the proposed amendment.
κ2003 Statutes of Nevada, Page 73 (Chapter 2, AB 38)κ
[11.] 12. The governing body of a county whose population is 400,000 or more shall not approve a zoning regulation, restriction or boundary, or an amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without sending a notice to the governing body of the city. The governing body of the city, or its designee, must submit any recommendations to the governing body of the county within 15 days after receiving the notice. The governing body of the county shall consider any such recommendations. If the governing body of the county does not accept a recommendation, the governing body of the county, or its authorized agent, shall specify for the record the reasons for its action.
Sec. 12. 1. This section and sections 1, 2, 3, 5 [to 8, inclusive,] , 6, 8, 10 and 11 of this act become effective on October 1, 2001.
2. Section 7 of this act becomes effective at 12:01 a.m. on October 1, 2001.
3. Sections 4 and 9 of this act become effective on January 1, 2002.
Sec. 49. 1. Section 14 of chapter 358, Statutes of Nevada 2001, at page 1697, is hereby amended to read as follows:
Sec. 14. The amendatory provisions of sections 1 to 13, inclusive, of this act apply to:
1. A petition for an order to seal records pursuant to NRS 179.245 or 179.255 that is filed on or after the effective date of this act.
2. An application for restoration of civil rights pursuant to NRS 176A.860, 213.090, 213.155 or 213.157 that is filed on or after the effective date of this act.
2. Chapter 358, Statutes of Nevada 2001, at page 1697, is hereby amended by adding thereto new sections to be designated as sections 13.3 and 13.7, immediately following section 13, to read respectively as follows:
Sec. 13.3. Section 7 of chapter 345, Statutes of Nevada 2001, at page 1641, is hereby amended to read as follows:
Sec. 7. 1. The amendatory provisions of sections 1, 2 and 3 of this act apply to any person who is given a psychosexual evaluation pursuant to NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.
2. The amendatory provisions of [sections 4 and 5] section 4 of this act apply to any person who applies to the division of parole and probation of the department of motor vehicles and public safety to request a restoration of his civil rights pursuant to NRS 176A.860 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.
3. The amendatory provisions of section 6 of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.
Sec. 13.7. Section 5 of chapter 345, Statutes of Nevada 2001, at page 1640, is hereby repealed.
κ2003 Statutes of Nevada, Page 74 (Chapter 2, AB 38)κ
Sec. 50. Section 1 of chapter 360, Statutes of Nevada 2001, at page 1698, is hereby amended to read as follows:
Section 1. NRS 48.061 is hereby amended to read as follows:
48.061 [Evidence]
1. Except as otherwise provided in subsection 2, evidence of domestic violence [as defined in NRS 33.018] and expert testimony concerning the effect of domestic violence , including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the [person alleging] alleged victim of the domestic violence that is offered by the prosecution or defense is admissible in [chief and in rebuttal,] a criminal proceeding for any relevant purpose, including, without limitation, when determining:
[1.] (a) Whether a [person] defendant is excepted from criminal liability pursuant to subsection 6 of NRS 194.010, to show the state of mind of the defendant.
[2.] (b) Whether a [person] defendant in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.
2. Expert testimony concerning the effect of domestic violence may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.
3. As used in this section, domestic violence means the commission of any act described in NRS 33.018.
Sec. 51. Section 8 of chapter 365, Statutes of Nevada 2001, at page 1719, is hereby amended to read as follows:
Sec. 8. NRS 488.580 is hereby amended to read as follows:
488.580 1. A person shall not operate or authorize another person to operate a personal watercraft under his ownership or control:
(a) In a reckless or negligent manner so as to endanger the life or property of another person.
(b) Unless the operator and each passenger is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission.
(c) Unless the operator is at least [12] 14 years of age.
(d) Unless the operator satisfies any applicable provisions of section 5 of this act.
2. There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:
(a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.
(b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.
(c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.
κ2003 Statutes of Nevada, Page 75 (Chapter 2, AB 38)κ
(d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.
3. As used in this section, personal watercraft means a class A motorboat which:
(a) Is less than 13 feet in length;
(b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;
(c) Is capable of performing sharp turns or quick maneuvers; and
(d) Has a motor that exceeds 10 horsepower.
Sec. 52. 1. Sections 12, 20, 42, 55, 57, 63 and 73 of chapter 370, Statutes of Nevada 2001, at pages 1736, 1740, 1750, 1755, 1756, 1759 and 1762, respectively, are hereby amended to read respectively as follows:
Sec. 12. NRS 247.110 is hereby amended to read as follows:
247.110 1. When a document authorized by law to be recorded is deposited in the county recorders office for recording, the county recorder shall:
(a) Endorse upon it the time when it was received, noting:
(1) The year, month, day, hour and minute of its reception;
(2) The document number; and
(3) The amount of fees collected for recording the document.
(b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.
(c) Note at the upper right corner of the record and upon the document , except a map, so recorded the exact time of its reception, and the name of the person at whose request it was recorded.
(d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.
2. In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.
3. A county recorder shall not refuse to record a document on the grounds that the document is not legally effective to accomplish the purposes stated therein.
4. A document, except a map, that is submitted for recording must:
(a) Be on paper that is 8 1/2 inches by 11 inches in size;
(b) Have a margin of 1 inch on the left and right sides and at the bottom of each page; and
(c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.
Sec. 20. NRS 247.180 is hereby amended to read as follows:
247.180 1. Except as otherwise provided in NRS 111.312, whenever [an instrument] a document conveying, encumbering or mortgaging both real and personal property is presented to [any] a county recorder for recording, the county recorder shall record the [instrument in a book kept by him for that purpose, which ] document.
κ2003 Statutes of Nevada, Page 76 (Chapter 2, AB 38)κ
[instrument in a book kept by him for that purpose, which ] document. The record must be indexed in the real estate index as deeds and other conveyances are required by law to be indexed, and for which [he] the county recorder may receive the same fees as are allowed by law for recording and indexing deeds and other [instruments,] documents, but only one fee for the recording of [any instrument] a document may be collected.
2. A county recorder who records [an instrument] a document pursuant to this section shall, within 7 working days after he records the [instrument,] document, provide to the county assessor at no charge:
(a) A duplicate copy of the [instrument] document and any supporting documents; or
(b) Access to the digital [instrument] document and any digital supporting documents.
Sec. 42. NRS 39.040 is hereby amended to read as follows:
39.040 Immediately after filing the complaint, the plaintiff shall [file] record with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action [,] and a description of the property to be affected thereby. From the time of the [filing] recording of the notice, except as otherwise provided in NRS 14.017, it shall be deemed notice to all persons.
Sec. 55. NRS 123.150 is hereby amended to read as follows:
123.150 1. [When] If a married person is a resident of this state, the [filing for record] recording of the inventory of [such] the persons separate property in the office of the recorder of the county in which [such] the person resides is notice of [such] the persons title to the [same,] separate property, except as to any real property situate in another county , [;] and as to [such] that real property, the [filing for record] recording of the inventory thereof in the office of the recorder of the county where the same is situate, is notice of [such] the persons title thereto.
2. [When] If a married person is not a resident of this state, the [filing for record] recording of the inventory of [such] the persons separate property in the office of the recorder of the county where any portion of [such] the property, real or personal, included in the inventory is situate, located or used, is notice of [such] the persons title as to all [such] that property situate, located or used in [such] that county.
Sec. 57. NRS 234.250 is hereby amended to read as follows:
234.250 1. In addition to any other requirement of law, each local government, as defined in NRS 354.474, shall [file a copy of its] record the original official plat with:
(a) The county recorder, the county clerk or the registrar of voters, and the county assessor of each county in which its territory or any part thereof is situated.
(b) The department of taxation.
2. All changes in boundaries made [subsequent to] after the original [filing and] recording of such plat [shall] must be recorded [and filed] immediately with the offices with which copies of the original plat were [filed.] recorded.
κ2003 Statutes of Nevada, Page 77 (Chapter 2, AB 38)κ
3. Until a local government complies with the requirements of subsections 1 and 2 , it shall not levy or receive any ad valorem or other tax or any other mandatory assessment.
4. This section applies to all local governments receiving and expending funds on behalf of the public, regardless of their designation.
Sec. 63. NRS 277.140 is hereby amended to read as follows:
277.140 As conditions precedent to the entry into force of any agreement made pursuant to NRS 277.080 to 277.170, inclusive:
1. The agreement must be submitted to the attorney general, who shall determine whether it is in proper form and compatible with the laws of this state. The attorney general shall set forth in detail, in writing, addressed to the governing bodies of the public agencies concerned, any specific respects in which he finds that the proposed agreement fails to [meet] comply with the requirements of law. Any failure by the attorney general to disapprove an agreement submitted under the provisions of this section within 30 days after its submission shall be deemed to constitute his approval.
2. If the agreement is in writing, it must be [filed] recorded with the county recorder of each county in which a participating political subdivision of this state is located, and filed with the secretary of state.
Sec. 73. 1. This section and sections 1 to 11, inclusive, 13 to 19, inclusive, 21 to 52, inclusive, 54 to 59, inclusive, 61 [to 65, inclusive,] , 62, 64, 65, 67 and 69 to 72, inclusive, of this act become effective on July 1, 2001.
2. Sections 20, 53, 60 , 63 and 66 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 12 of this act becomes effective on July 1, 2003.
2. Chapter 370, Statutes of Nevada 2001, at page 1762, is hereby amended by adding thereto new sections to be designated as sections 70.3 and 70.5, immediately following section 70, to read respectively as follows:
Sec. 70.3. NRS 329.010 is hereby amended to read as follows:
329.010 This chapter may be cited as the Corner Perpetuation and [Filing] Recording Law.
Sec. 70.5. NRS 329.020 is hereby amended to read as follows:
329.020 It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and [filing] recording of information concerning the location of such corners, thereby providing for property security and a coherent system of property location and identification, and eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.
3. Chapter 370, Statutes of Nevada 2001, at page 1762, is hereby amended by adding thereto new sections to be designated as sections 71.1, 71.2, 71.3, 71.4 and 71.5, immediately following section 71, to read respectively as follows:
Sec. 71.1. NRS 329.145 is hereby amended to read as follows:
329.145 A surveyor is not required to [file] record a corner record if:
κ2003 Statutes of Nevada, Page 78 (Chapter 2, AB 38)κ
1. A corner record is [on file] recorded with the county recorder and the corner is found as described in the record; and
2. All information required in a corner record pursuant to this chapter is included in:
(a) A record of survey [filed] recorded in accordance with the provisions of NRS 625.340 to 625.380, inclusive; or
(b) A land subdivision map recorded in accordance with the provisions of NRS 278.010 to 278.630, inclusive.
Sec. 71.2. NRS 329.150 is hereby amended to read as follows:
329.150 A surveyor may [file] record any corner record as to any property corner, property-controlling corner, reference monument or accessory to a corner.
Sec. 71.3. NRS 329.160 is hereby amended to read as follows:
329.160 The board shall, by regulation, prescribe the information which is to be included in the corner record and the form in which such corner record is to be presented and [filed.] recorded.
Sec. 71.4. NRS 329.180 is hereby amended to read as follows:
329.180 Where a corner record of a public land survey corner is required to be [filed under] recorded pursuant to the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner and the accessories to such corner so that such corner and accessories may be readily located at any time in the future.
Sec. 71.5. NRS 329.190 is hereby amended to read as follows:
329.190 No corner record may be [filed] recorded unless it is signed by a professional land surveyor or, in the case of any agency of the United States Government, by the official making the survey, who shall designate his official title and the agency for which he is employed.
Sec. 53. 1. Sections 7, 9, 22, 47, 50, 54, 68 and 69 of chapter 374, Statutes of Nevada 2001, at pages 1795, 1798, 1814, 1817, 1820 and 1829, are hereby amended to read respectively as follows:
Sec. 7. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, [and] section 1 of [this act] Senate Bill No. 125 of this session and sections 2 to 5, inclusive, of this act, may be cited as the Local Government Budget and Finance Act.
Sec. 9. NRS 354.475 is hereby amended to read as follows:
354.475 1. All special districts subject to the provisions of the Local Government Budget and Finance Act with annual total expenditures of less than [$100,000] $200,000 may petition the department of taxation for exemption from the requirements of the Local Government Budget and Finance Act for the filing of certain budget documents and audit reports. Such districts may further petition to [return to] use a cash [method] basis of accounting. The minimum required of such districts is the filing with the department of taxation of an annual budget on or before April 15 of each year and the filing of fiscal reports in accordance with section 1 of [this act.] Senate Bill No. 125 of this session. Such petitions must be received by the department of taxation on or before [December 31] April 15 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year. A board of county commissioners may request the department of taxation to audit the financial records of such an exempt district.
κ2003 Statutes of Nevada, Page 79 (Chapter 2, AB 38)κ
county commissioners may request the department of taxation to audit the financial records of such an exempt district.
2. Such districts are exempt from all publication requirements of the Local Government Budget and Finance Act, except that the department of taxation by regulation shall require an annual publication of a notice of budget adoption and filing. The department of taxation shall adopt regulations pursuant to NRS 354.594 which are necessary to carry out the purposes of this section.
3. The revenue recorded in accounts that are kept on a cash basis must consist of cash items.
4. As used in this section, cash basis means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.
Sec. 22. NRS 354.535 is hereby amended to read as follows:
354.535 General long-term debt means debt which is legally payable from general revenues and is backed by the full faith and credit of a governmental unit. The term includes [debt represented by local government securities] obligations issued by a local government pursuant to chapter 350 of NRS and [debt created for medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive.] other long-term liabilities, including, without limitation, accrued compensated absences and claims for workers compensation.
Sec. 47. NRS 354.665 is hereby amended to read as follows:
354.665 1. If a local government does not file a statement, report or other document as required by the provisions of NRS 350.0035, 354.6025, 354.624, 354.6245, 387.303 or section 1 of [this act] Senate Bill No. 125 of this session within 15 days after the day on which it was due, the executive director shall notify the governing body of the local government in writing that the report is delinquent. The notification must be noted in the minutes of the first meeting of the governing body following transmittal of the notification.
2. If the required report is not received by the department within 45 days after the day on which the report was due, the executive director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the [Nevada tax commission] committee to explain the reason that the report has not been filed. The notice must be transmitted to the governing body at least 5 days before the date on which the meeting will be held.
3. If an explanation satisfactory to the [Nevada tax commission] committee is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the report, the [commission] committee may instruct the executive director to request that the state treasurer withhold from the local government the next distribution [of the supplemental city-county relief tax] from the local government tax distribution account if the local government is otherwise entitled to receive such a distribution or of the Local School Support Tax if the local government is a school district. Upon receipt of such a request, the state treasurer shall withhold the payment and all future payments until he is notified by the executive director that the report has been received by the department.
κ2003 Statutes of Nevada, Page 80 (Chapter 2, AB 38)κ
Sec. 50. NRS 354.705 is hereby amended to read as follows:
354.705 1. As soon as practicable after the department takes over the management of a local government, the executive director shall:
(a) Determine the total amount of expenditures necessary to allow the local government to perform the basic functions for which it was created;
(b) Determine the amount of revenue reasonably expected to be available to the local government; and
(c) Consider any alternative sources of revenue available to the local government.
2. If the executive director determines that the available revenue is not sufficient to provide for the payment of required debt service and operating expenses, he may submit his findings to the committee who shall review the determinations made by the executive director. If the committee determines that additional revenue is needed, it shall prepare a recommendation to the Nevada tax commission as to which one or more of the following additional taxes or charges should be imposed by the local government:
(a) The levy of a property tax up to a rate which when combined with all other overlapping rates levied in the state does not exceed $4.50 on each $100 of assessed valuation.
(b) An additional tax on transient lodging at a rate not to exceed 1 percent of the gross receipts from the rental of transient lodging within the boundaries of the local government upon all persons in the business of providing lodging. Any such tax must be collected and administered in the same manner as all other taxes on transient lodging are collected by or for the local government.
(c) Additional service charges appropriate to the local government.
(d) If the local government is a county or has boundaries that are conterminous with the boundaries of the county:
(1) An additional tax on the gross receipts from the sale or use of tangible personal property not to exceed one quarter of 1 percent throughout the county. The ordinance imposing any such tax must include provisions in substance which comply with the requirements of subsections 2 to 5, inclusive, of NRS 377A.030.
(2) An additional governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except those vehicles exempt from the governmental services tax imposed pursuant to chapter 371 of NRS or a vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations. As used in this subparagraph, based has the meaning ascribed to it in NRS 482.011.
3. Upon receipt of the plan from the committee, a panel consisting of [three members of the committee appointed by the committee and] three members of the Nevada tax commission appointed by the Nevada tax commission and three members of the committee appointed by the committee shall hold a public hearing at a location within the boundaries of the local government in which the severe financial emergency exists after giving public notice of the hearing at least 10 days before the date on which the hearing will be held.
κ2003 Statutes of Nevada, Page 81 (Chapter 2, AB 38)κ
severe financial emergency exists after giving public notice of the hearing at least 10 days before the date on which the hearing will be held. In addition to the public notice, the panel shall give notice to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government in which the severe financial emergency exists.
4. After the public hearing conducted pursuant to subsection 3, the Nevada tax commission may adopt the plan as submitted or adopt a revised plan. Any plan adopted pursuant to this section must include the duration for which any new or increased taxes or charges may be collected which must not exceed 5 years.
5. Upon adoption of the plan by the Nevada tax commission, the local government in which the severe financial emergency exists shall impose or cause to be imposed the additional taxes and charges included in the plan for the duration stated in the plan or until the severe financial emergency has been determined by the Nevada tax commission to have ceased to exist.
6. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this section.
7. If a plan fails to satisfy the expenses of the local government to the extent expected, the committee shall report such failure to:
(a) The county for consideration of absorption of services; or
(b) If the local government is a county, to the next regular session of the legislature.
Sec. 54. NRS 218.53881 is hereby amended to read as follows:
218.53881 1. There is hereby established a legislative committee for local government taxes and finance consisting of:
(a) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on government affairs during the immediately preceding session of the legislature;
(b) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on taxation during the immediately preceding session of the legislature;
(c) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on government affairs during the immediately preceding session of the legislature; and
(d) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on taxation during the immediately preceding session of the legislature.
2. The committee shall consult with an advisory committee consisting of the executive director of the department of taxation and 10 members who are representative of various geographical areas of the state and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:
(a) One member of the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act appointed by the Nevada League of Cities;
κ2003 Statutes of Nevada, Page 82 (Chapter 2, AB 38)κ
(b) One member of the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act appointed by the Nevada Association of Counties;
(c) One member of the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act appointed by the Nevada School Trustees Association;
(d) Three members involved in the government of a county appointed by the Nevada Association of Counties;
(e) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and
(f) One member who is a member of a board of trustees for a general improvement district appointed by the legislative commission.
The members of the advisory committee are nonvoting members of the committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.
3. The legislative members of the committee shall elect a chairman from one house of the legislature and a vice chairman from the other house. Each chairman and vice chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.
4. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the legislature convenes.
5. Vacancies on the committee must be filled in the same manner as original appointments.
6. The committee shall report annually to the legislative commission concerning its activities and any recommendations.
Sec. 68. 1. Sections 41, 42 and 46 of chapter 456, Statutes of Nevada 2001, at pages 2324 and 2330, are hereby repealed.
2. NRS 266.0165, 354.478, 354.480, 354.481, 354.488, 354.514, 354.522, 354.540, 354.542, 354.551, 354.558, 354.564, 354.566, 354.576, 354.580, 354.588, [354.595,] 354.5984, 354.59871, 354.59872, 354.606, 354.610, 354.6107, 354.611, 354.6145, 354.615, 354.621 and 354.622 are hereby repealed.
3. NRS 354.595 is hereby repealed.
Sec. 69. 1. This section , [and] sections 67.3 and 67.5 of this act and subsection 1 of section 68 of this act become effective on June 30, 2001.
2. Sections 1 to [9,] 6, inclusive, 8, 11 to 21, inclusive, 23 to 28, inclusive, 30 to 43, inclusive, 45 [to 49, inclusive, and] , 46, 48, 49, 51 , 52, 53 and 55 to [68,] 67, inclusive, of this act and subsection 2 of section 68 of this act become effective on July 1, 2001.
[2.] 3. Sections 7, 9, 10, 22, 29, 44 [and 50] , 47 and 54 of this act and subsection 3 of section 68 of this act become effective at 12:01 a.m. on July 1, 2001.
4. Section 50 of this act becomes effective at 12:02 a.m. on July 1, 2001.
5. Section 54 of this act expires by limitation on July 1, 2005.
κ2003 Statutes of Nevada, Page 83 (Chapter 2, AB 38)κ
2. Chapter 374, Statutes of Nevada 2001, at page 1829, is hereby amended by adding thereto new sections to be designated as sections 67.3 and 67.5, immediately following section 67, to read respectively as follows:
Sec. 67.3. Sections 31 and 62 of chapter 407, Statutes of Nevada 2001, at pages 1980 and 2000, respectively, are hereby amended to read respectively as follows:
Sec. 31. NRS 360.750 is hereby amended to read as follows:
360.750 1. A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 364A or 374 of NRS.
2. The commission on economic development shall approve an application for a partial abatement if the commission makes the following determinations:
(a) The business is consistent with:
(1) The state plan for industrial development and diversification that is developed by the commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the state plan.
(b) The applicant has executed an agreement with the commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is [50,000] 60,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
κ2003 Statutes of Nevada, Page 84 (Chapter 2, AB 38)κ
minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than [50,000,] 60,000, the business meets at least two of the following requirements:
(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
(f) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
κ2003 Statutes of Nevada, Page 85 (Chapter 2, AB 38)κ
3. Notwithstanding the provisions of subsection 2, the commission on economic development may:
(a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;
(b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or
(c) Add additional requirements that a business must meet to qualify for a partial abatement,
if the commission determines that such action is necessary.
4. If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.
5. If the commission on economic development approves an application for a partial abatement, the commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The department;
(b) The Nevada tax commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the executive director of the commission on economic development, furnish the executive director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
the business shall repay to the department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8. A county treasurer:
κ2003 Statutes of Nevada, Page 86 (Chapter 2, AB 38)κ
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
9. The commission on economic development:
(a) Shall adopt regulations relating to:
(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the commission on economic development determines to be necessary to carry out the provisions of this section.
10. The Nevada tax commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada tax commission determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 62. 1. This section and sections 1, 3, 5 to 13, inclusive, 15 to 18, inclusive, 20 , [and] 22 to 30, inclusive, and 32 to 61, inclusive, of this act become effective on July 1, 2001.
2. Sections 4, 14, 19 , [and] 21 and 31 of this act become effective at 12:01 a.m. on July 1, 2001.
Sec. 67.5. Sections 33, 58 and 60 of chapter 456, Statutes of Nevada 2001, at pages 2318 and 2338, are hereby amended to read respectively as follows:
Sec. 33. NRS 354.475 is hereby amended to read as follows:
354.475 1. All special districts subject to the provisions of the Local Government Budget and Finance Act with annual total expenditures of less than $200,000 may petition the department of taxation for exemption from the requirements of the Local Government Budget and Finance Act for the filing of certain budget documents and audit reports. Such districts may further petition to use a cash basis of accounting. The minimum required of such districts is the filing with the department of taxation of an annual budget on or before April 15 of each year and the filing of fiscal reports in accordance with section 1 of Senate Bill No. 125 of this session. Such petitions must be received by the department of taxation on or before April 15 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year.
κ2003 Statutes of Nevada, Page 87 (Chapter 2, AB 38)κ
effective for the current fiscal year. A board of county commissioners may request the department of taxation to audit the financial records of such an exempt district.
2. Such districts are exempt from all publication requirements of the Local Government Budget and Finance Act, except that the department of taxation by regulation shall require an annual publication of a notice of budget adoption and filing. The [department of taxation] committee on local government finance shall adopt regulations pursuant to NRS 354.594 which are necessary to carry out the purposes of this section.
3. The revenue recorded in accounts that are kept on a cash basis must consist of cash items.
4. As used in this section, cash basis means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.
Sec. 58. NRS 350.085 [, NRS 354.5235, 354.6107 and 354.611] and 354.5235 are hereby repealed.
Sec. 60. 1. This section and sections 48 and 59.5 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 to [35, inclusive, 41, 42, 46,] 32, inclusive, 34, 35, 49 to 52, inclusive, and 55 to 59, inclusive, of this act become effective on July 1, 2001.
3. Sections 36, 38, 39, 40, 43, 44, 47, 53 and 54 of this act become effective at 12:01 a.m. on July 1, 2001.
4. Sections 23, 33, 37 and 45 of this act become effective at 12:02 a.m. on July 1, 2001.
5. Section 48 of this act expires by limitation on July 1, 2003.
Sec. 54. Sections 10, 14 and 20 of chapter 381, Statutes of Nevada 2001, at pages 1846, 1848 and 1851, respectively, are hereby amended to read respectively as follows:
Sec. 10. NRS 432B.530 is hereby amended to read as follows:
432B.530 1. An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown or the hearing has been continued until a later date pursuant to section 2 of [this act.] Assembly Bill No. 429 of this session.
2. At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.
3. In adjudicatory hearings , all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.
4. The court may require the child to be present in court at the hearing.
5. If the court finds by a preponderance of the evidence that the child [is] was in need of protection [,] at the time of his removal from his home, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case.
κ2003 Statutes of Nevada, Page 88 (Chapter 2, AB 38)κ
immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.
Sec. 14. NRS 432B.590 is hereby amended to read as follows:
432B.590 1. Except as otherwise provided in [NRS 432B.600 and] section 2 of [this act,] Assembly Bill No. 429 of this session, the court shall hold a hearing concerning the permanent placement of a child:
(a) Not later than 12 months after the initial removal of the child from his home and annually thereafter.
(b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.
Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 4 of NRS 432B.580.
2. The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the hearing.
3. At the hearing, the court shall [establish a] review any plan for the permanent placement of the child adopted pursuant to section 2 of this act and determine : [whether:]
(a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of section 2 of this act; and
(b) Whether, and if applicable when:
(1) The child should be returned to his parents or placed with other relatives;
[(b) The childs placement in the foster home or other similar institution should be continued; or
(c)] (2) It is in the best interests of the child to initiate proceedings to:
[(1)] (I) Terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; or
[(2)] (II) Establish a guardianship pursuant to chapter 159 of NRS [.] ; or
(3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of the child in another permanent living arrangement.
The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures. The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.
κ2003 Statutes of Nevada, Page 89 (Chapter 2, AB 38)κ
4. If a child has been placed outside of his home and has resided outside of his home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.
5. This hearing may take the place of the hearing for review required by NRS 432B.580.
6. The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.
Sec. 20. 1. This section and sections 16 and 17 of this act and subsection 1 of section 19 of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, 6 to [15,] 9, inclusive, 11, 12, 13, 15 and 18 of this act and subsection 2 of section 19 of this act become effective on July 1, 2001.
3. Sections 10 and 14 of this act become effective at 12:01 a.m. on July 1, 2001.
4. Section 5 of this act becomes effective at 12:03 a.m. on July 1, 2001.
Sec. 55. 1. Sections 5, 6, 10 and 12 of chapter 384, Statutes of Nevada 2001, at pages 1860 and 1863, are hereby amended to read respectively as follows:
Sec. 5. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications he receives to the department within the period prescribed by the department;
(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
κ2003 Statutes of Nevada, Page 90 (Chapter 2, AB 38)κ
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive [;] , and sections 2, 3 and 4 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.
Sec. 6. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration........................................... $5.00
For every substitute number plate or set of plates............ 5.00
For every duplicate number plate or set of plates.......... 10.00
For every decal displaying a county name........................ .50
For every other decal, license plate sticker or tab............. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and sections 2, 3 and 4 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates.
κ2003 Statutes of Nevada, Page 91 (Chapter 2, AB 38)κ
plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 10. 1. The amendatory provisions of section 2 of this act and the references to that section set forth in sections 5 and 6 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 2 of this act.
2. The amendatory provisions of section 3 of this act and the references to that section set forth in sections 5 and 6 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 3 of this act.
3. The amendatory provisions of section 4 of this act and the references to that section set forth in sections 5 and 6 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 4 of this act.
Sec. 12. 1. This section and sections 5.5 and 8.1 to 8.9, inclusive, of this act become effective on June 30, 2001.
2. Sections 7, 8 and 11 of this act become effective on July 1, 2001.
[2.] 3. Sections 1 to 4, inclusive, 9 and 10 of this act become effective on October 1, 2001.
[3.] 4. Sections 5 and 6 of this act become effective at 12:01 a.m. on October 1, 2001.
2. Chapter 384, Statutes of Nevada 2001, at page 1860, is hereby amended by adding thereto a new section to be designated as section 5.5, immediately following section 5, to read as follows:
Sec. 5.5. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration........................................... $5.00
For every substitute number plate or set of plates......... $5.00
For every duplicate number plate or set of plates.......... 10.00
For every decal displaying a county name........................ .50
For every other decal, license plate sticker or tab............. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
κ2003 Statutes of Nevada, Page 92 (Chapter 2, AB 38)κ
fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal [requested] issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
3. Chapter 384, Statutes of Nevada 2001, at page 1863, is hereby amended by adding thereto new sections to be designated as sections 8.1 to 8.9, inclusive, immediately following section 8, to read respectively as follows:
Sec. 8.1. Section 3 of chapter 96, Statutes of Nevada 2001, at page 579, is hereby amended to read as follows:
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.................................... $5.00
For every substitute number plate or set of plates..... 5.00
For every duplicate number plate or set of plates.... 10.00
For every decal displaying a county name.................. .50
For every other decal, license plate sticker or tab....... 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
κ2003 Statutes of Nevada, Page 93 (Chapter 2, AB 38)κ
department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 8.2. Section 4 of chapter 99, Statutes of Nevada 2001, at page 586, is hereby amended to read as follows:
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.................................... $5.00
For every substitute number plate or set of plates..... 5.00
For every duplicate number plate or set of plates.... 10.00
For every decal displaying a county name.................. .50
For every other decal, license plate sticker or tab....... 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) [For] Except as otherwise provided in section 1 of this act, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates.
κ2003 Statutes of Nevada, Page 94 (Chapter 2, AB 38)κ
plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 8.3. Sections 3 and 6 of chapter 316, Statutes of Nevada 2001, at pages 1467 and 1470, respectively, are hereby amended to read respectively as follows:
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.................................... $5.00
For every substitute number plate or set of plates..... 5.00
For every duplicate number plate or set of plates.... 10.00
For every decal displaying a county name.................. .50
For every other decal, license plate sticker or tab....... 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 6. 1. This section and sections 1, 3 and 5 of this act become effective on July 1, 2001.
2. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3. [Section 4 of this act becomes effective at 12:02 a.m. on July 1, 2001.
4.] The amendatory provisions of this act expire by limitation on July 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applicants for the issuance of license plates pursuant to section 1 of this act.
κ2003 Statutes of Nevada, Page 95 (Chapter 2, AB 38)κ
vehicles and public safety has received fewer than 250 applicants for the issuance of license plates pursuant to section 1 of this act.
Sec. 8.4. Sections 4 and 8 of chapter 324, Statutes of Nevada 2001, at pages 1512 and 1515, respectively, are hereby amended to read respectively as follows:
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.................................... $5.00
For every substitute number plate or set of plates..... 5.00
For every duplicate number plate or set of plates.... 10.00
For every decal displaying a county name.................. .50
For every other decal, license plate sticker or tab....... 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, and section 1 of this act, or 482.379 to 482.3816, inclusive, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 8. 1. This section and sections 1 [and 4 to 7, inclusive,] , 6 and 7 of this act become effective on July 1, 2001.
2. Sections [2 and] 3 and 4 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 2 of this act becomes effective at 12:02 a.m. on July 1, 2001.
4. The amendatory provisions of sections 1, 2 and 4 of this act expire by limitation on July 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 1 of this act.
κ2003 Statutes of Nevada, Page 96 (Chapter 2, AB 38)κ
department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 1 of this act.
Sec. 8.5. Sections 4, 6, 7 and 9 of chapter 355, Statutes of Nevada 2001, at pages 1675, 1676, 1677 and 1679, respectively, are hereby amended to read respectively as follows:
Sec. 4. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and