Link to Page 998

 

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ê2005 Statutes of Nevada, Page 999 (Chapter 280, SB 438)ê

 

the Board has acted upon his application and the Board approves thereafter his application,

Ê his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.

      6.  The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.

      7.  As used in this section, “public employer” has the meaning ascribed to it in NRS 286.070.

      Sec. 21.  NRS 1A.510 is hereby amended to read as follows:

      1A.510  1.  Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance pursuant to NRS 1A.480 returns to employment as a justice of the Supreme Court , [or] district judge, justice of the peace or municipal judge, the allowance must be discontinued and his service credit at the time of disability retirement must be restored. The member shall retire under the same retirement plan previously selected for retirement on account of disability if he returns to disability retirement or elects service retirement within 1 year after his return to employment.

      2.  A recipient of a disability retirement allowance may be employed and continue to receive his allowance if he applies to the Board for approval of the employment before he begins to work and the Board approves his application. The application must include:

      (a) A full description of the proposed employment; and

      (b) A statement written by the member of the System declaring the reasons why the proposed employment should not be found to conflict with his disability.

      Sec. 22.  NRS 1A.570 is hereby amended to read as follows:

      1A.570  1.  Except as otherwise provided in subsection 3, if a deceased member of the Judicial Retirement Plan had 2 years of creditable service in the 2 1/2 years immediately preceding his death, or if the employee had 10 or more years of creditable service, certain of his dependents are eligible for payments as provided in NRS 1A.530 to 1A.670, inclusive. If the death of the member resulted from a mental or physical condition which required him to leave his position as a justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.

      2.  If the death of a member of the Judicial Retirement Plan occurs while he is on leave of absence for further training and if he met the requirements of subsection 1 at the time his leave began, certain of his dependents are eligible for payments as provided in subsection 1.

      3.  If the death of a member of the Judicial Retirement Plan is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior creditable service is required to make his dependents eligible for payments pursuant to NRS 1A.530 to 1A.670, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment.

      4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to NRS 1A.620.

 


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ê2005 Statutes of Nevada, Page 1000 (Chapter 280, SB 438)ê

 

      Sec. 23.  NRS 1A.670 is hereby amended to read as follows:

      1A.670  The amount of each monthly allowance paid as specified in NRS 1A.580 to 1A.660, inclusive, must not exceed the deceased member of the Judicial Retirement Plan’s average compensation and must be reduced by the amount of any other benefit received from any source:

      1.  If that benefit was provided or purchased by the expenditure of money by this State [,] if the deceased member was a justice of the Supreme Court or district judge, by the county if the deceased member was a justice of the peace or by the city if the deceased member was a municipal judge, except for lump-sum payments under a group insurance program; and

      2.  To the extent that the total of the allowance and the other benefit would otherwise exceed the deceased member’s average compensation.

      Sec. 24.  NRS 286.293 is hereby amended to read as follows:

      286.293  1.  The following employees of public employers shall participate in the System:

      (a) Those employed on or after July 1, 1977, in positions considered to be half-time or more according to the full-time work schedule established for that public employer.

      (b) Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.297 [.] and except justices of the peace and municipal judges who are allowed and who elect to participate in the Judicial Retirement Plan pursuant to section 1 of this act.

      (c) A member whose allowance is vested or who is contributing immediately before a legislative session who is employed on or after January 1, 1981, by either house of the Legislature or by the Legislative Counsel Bureau.

      (d) A member of the Nevada Gaming Commission.

      2.  The Board shall establish standards for determining what constitutes a full-time work schedule pursuant to paragraph (a) of subsection 1.

      Sec. 25.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 281, AB 137

Assembly Bill No. 137–Assemblymen Anderson, Buckley, Ohrenschall, Parks, Horne, Arberry Jr., Conklin, Denis, Gerhardt, Giunchigliani, Kirkpatrick, Koivisto, Leslie, Manendo, McClain, Munford, Oceguera, Parnell, Pierce and Smith

 

CHAPTER 281

 

AN ACT relating to insurance; prohibiting an insurer under certain circumstances from making payment to a representative of a claimant in settlement of a third-party liability claim without providing notice of the payment to the claimant; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1001 (Chapter 281, AB 137)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any third-party liability claim, an insurer shall not issue a check or draft or otherwise make payment of $5,000 or more in settlement of the claim to a representative of the claimant, including, without limitation, the lawyer for the claimant, unless the insurer, at the time of making the payment or as soon as practicable thereafter, mails written notice of the payment to the claimant at his last known address.

      2.  The failure of an insurer to serve notice as required by subsection 1 or defective service of the notice does not:

      (a) Create, and must not be construed to create, a cause of action for any natural person or entity other than the Commissioner.

      (b) Establish, and must not be construed to establish, a defense for any party to any cause of action.

      3.  As used in this section, “third-party liability claim” means a claim brought under a liability insurance policy by a person other than the insured, where the claimant is a natural person.

________

 

CHAPTER 282, SB 41

Senate Bill No. 41–Senator Washington

 

CHAPTER 282

 

AN ACT relating to liens; revising the threshold for establishing a first and second lien on motor vehicles in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 108.290 is hereby amended to read as follows:

      108.290  1.  If property that is the subject of a lien which is acquired as provided in NRS 108.270 to 108.360, inclusive, is the subject of a secured transaction in accordance with the laws of this State, the lien:

      (a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien . [; and]

      (b) In the case of a lien on a motor vehicle for charges for towing, storing and any related administrative fees:

             (1) For the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $1,000, is a first lien.

                   (II) If the amount of the lien is $1,000 or more, is a second lien.

             (2) After the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $2,500, is a first lien.

                   (II) If the amount is $2,500 or more, is a second lien.

      (c) In all other cases, if the amount of the lien:

 


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ê2005 Statutes of Nevada, Page 1002 (Chapter 282, SB 41)ê

 

             (1) Does not exceed $1,000, is a first lien.

             (2) Exceeds $1,000, is a second lien.

      2.  The lien of a landlord may not exceed $2,000 or the total amount due and unpaid for rentals and utilities, whichever is the lesser.

      Sec. 2.  The amendatory provisions of this act do not apply to a lien that attaches before October 1, 2005.

________

 

CHAPTER 283, SB 428

Senate Bill No. 428–Committee on Government Affairs

 

CHAPTER 283

 

AN ACT relating to administrative procedure; prohibiting the admission of a person as a party to an administrative proceeding in a contested case involving the grant, denial or renewal of a license if the person does not have a direct financial interest in the grant, denial or renewal of the license; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233B.127 is hereby amended to read as follows:

      233B.127  1.  When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.

      2.  When a licensee has made timely and sufficient application for the renewal of a license or for a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

      3.  No revocation, suspension, annulment or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. Such proceedings shall be promptly instituted and determined.

      4.  Except as otherwise provided in this subsection, a person must not be admitted as a party to an administrative proceeding in a contested case involving the grant, denial or renewal of a license unless he demonstrates to the satisfaction of the presiding hearing officer that:

      (a) His financial situation is likely to be maintained or to improve as a direct result of the grant or renewal of the license; or

      (b) His financial situation is likely to deteriorate as a direct result of the denial of the license or refusal to renew the license.

 


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ê2005 Statutes of Nevada, Page 1003 (Chapter 283, SB 428)ê

 

Ê The provisions of this subsection do not preclude the admission, as a party, of any person who will participate in the administrative proceeding as the agent or legal representative of an agency.

      Sec. 2.  NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any party who is:

      (a) Identified as a party of record by an agency in an administrative proceeding; and

      (b) Aggrieved by a final decision in a contested case,

Ê is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level is reviewable unless a decision made at a lower level in the agency is made final by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested case is reviewable if review of the final decision of the agency would not provide an adequate remedy.

      2.  Petitions for judicial review must:

      (a) Name as respondents the agency and all parties of record to the administrative proceeding;

      (b) Be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred; and

      (c) Be filed within 30 days after service of the final decision of the agency.

Ê Cross-petitions for judicial review must be filed within 10 days after service of a petition for judicial review.

      3.  The agency and any party desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the agency and every party within 20 days after service of the petition.

      4.  A petition for rehearing or reconsideration must be filed within 15 days after the date of service of the final decision. An order granting or denying the petition must be served on all parties at least 5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order for the purpose of judicial review.

      5.  The petition for judicial review and any cross-petitions for judicial review must be served upon the agency and every party within 45 days after the filing of the petition, unless, upon a showing of good cause, the district court extends the time for such service. If the proceeding involves a petition for judicial review or cross-petition for judicial review of a final decision of the State Contractors’ Board [,] or of a final decision of an agency or hearing officer in a contested case involving the grant, denial or renewal of a license, the district court [may,] shall, on its own motion or the motion of a party, dismiss from the proceeding any agency or person who:

      (a) Is named as a party in the petition for judicial review or cross-petition for judicial review; and

      (b) Was not a party to the administrative proceeding for which the petition for judicial review or cross-petition for judicial review was filed.

      6.  The provisions of this chapter are the exclusive means of judicial review of, or judicial action concerning, a final decision in a contested case involving an agency to which this chapter applies.

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ê2005 Statutes of Nevada, Page 1004ê

 

CHAPTER 284, SB 365

Senate Bill No. 365–Senator Nolan

 

CHAPTER 284

 

AN ACT relating to public safety; requiring the Nevada Commission on Homeland Security to establish a statewide mapping system for the public buildings in this State to the extent money is available for a system; encouraging retail establishments doing business in this State to adopt the “Code Adam” program; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  To the extent money is made available, the Commission shall, after consultation with the State Public Works Board, establish a statewide mapping system for the public buildings in this State for use by response agencies that are called to respond to an act of terrorism or related emergency.

      2.  The statewide mapping system must include, without limitation:

      (a) The type of information that must be included within the software program that comprises the system, including, without limitation, floor plans, fire protection information, building evacuation plans, utility information, known hazards and information on how to contact emergency personnel;

      (b) The manner by which the information prescribed pursuant to paragraph (a) must be transferred to the system from the state agencies and the political subdivisions that participate in the system;

      (c) Standards for the software that must be used by the state agencies and political subdivisions that participate in the system;

      (d) Conditions for use of the system by response agencies;

      (e) Guidelines for:

             (1) The accessibility and confidentiality of information contained within the system; and

             (2) The incorporation, in connection with the use of the system, of the items described in paragraph (b) of subsection 3;

      (f) In accordance with information obtained by the Commission, determine the priority for distribution of any money that may be available for the state agencies and political subdivisions to participate in the system; and

      (g) Guidelines recommended by the Commission for the training of persons employed by response agencies concerning the use of the system.

      3.  To the extent money is made available, the state agencies and political subdivisions shall:

      (a) Participate in the statewide mapping system; and

      (b) Incorporate into their use of the system, without limitation:

             (1) Evacuation routes and strategies for evacuation;

             (2) Alarms and other signals or means of notification;

             (3) Plans for sheltering in place; and

             (4) Training and strategies for prevention in connection with attacks involving violence.

 


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ê2005 Statutes of Nevada, Page 1005 (Chapter 284, SB 365)ê

 

Ê If a state agency or a political subdivision uses its own building mapping system before the Commission establishes a statewide mapping system, the state agency or political subdivision may continue to use its system unless money is made available for the state agency or political subdivision to update or modify its system as necessary for inclusion in the statewide system.

      4.  The Commission:

      (a) Shall pursue any money that may be available from the Federal Government for the development and operation of a statewide mapping system for public buildings and for the distribution of grants to the state agencies and political subdivisions that participate in the system.

      (b) May accept gifts, grants and contributions for the development and operation of a statewide mapping system and for the distribution of grants to the state agencies and political subdivisions that participate in the system.

      5.  Each state agency and political subdivision that participates in the system shall, on or before July 1, 2006, and on or before July 1 of each year thereafter, submit to the Commission a progress report setting forth, in accordance with regulations adopted by the Commission, the experience of the agency or political subdivision, as applicable, with respect to its participation in the system. The Commission shall receive and process such progress reports and provide to the Legislative Commission a summarized overview of the system on or before October 1, 2006, and on or before October 1 of each year thereafter.

      6.  After the statewide mapping system is established pursuant to this section, each state agency and political subdivision that participates in the system shall submit to the Commission any initial or final plan for a public work.

      7.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 239C.030.

      (b) “Commission” means the Nevada Commission on Homeland Security created by NRS 239C.120.

      (c) “Political subdivision” has the meaning ascribed to it in NRS 239C.070.

      (d) “Response agency” has the meaning ascribed to it in NRS 239C.080.

      (e) “Sheltering in place” means to remain inside a building, room, structure or other location during an emergency when egress may be impossible or when egress may present a more substantial risk than remaining inside the building, room, structure or other location, as applicable.

      Sec. 2.  The Legislature hereby encourages retail establishments doing business in this State to adopt and carry out the “Code Adam” program as soon as practicable after July 1, 2005. The “Code Adam” program, which was created in 1994 and is currently used in more than 45,000 establishments throughout the United States, is an important tool that promotes the safety of children because:

      1.  A swift and effective response is critical to ensure the safe recovery of a child who is abducted;

      2.  The program prescribes training for employees of retail establishments that is designed to prevent the abduction of children and to respond efficiently in situations of suspected child abductions from those establishments;

 


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ê2005 Statutes of Nevada, Page 1006 (Chapter 284, SB 365)ê

 

      3.  The United States Department of Justice reports that almost 2,200 children are reported missing every day and the program helps to improve the chances of a safe recovery of these children;

      4.  Since its implementation, the program has proven successful in thwarting attempted abductions; and

      5.  A retail establishment that has undertaken the commitment to carry out the program provides its patrons with a sense of security while shopping at that establishment.

      Sec. 3.  This act becomes effective on July 1, 2005, and expires by limitation on October 1, 2009.

________

 

CHAPTER 285, SB 89

Senate Bill No. 89–Committee on Finance

 

CHAPTER 285

 

AN ACT making a supplemental appropriation to the Health Division of the Department of Human Resources for an unanticipated shortfall in money for Fiscal Year 2004-2005 resulting from the increased cost of the maintenance of effort requirement for the Substance Abuse Prevention and Treatment Block Grant; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

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 Health Division of the Department of Human Resources the sum of $361,620 for an unanticipated shortfall in money for Fiscal Year 2004-2005 resulting from the increased cost of the maintenance of effort requirement for the Substance Abuse Prevention and Treatment Block Grant. This appropriation is supplemental to that made by section 19 of chapter 327, Statutes of Nevada 2003, at page 1833.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 286, SB 512

Senate Bill No. 512–Committee on Finance

 

CHAPTER 286

 

AN ACT making a supplemental appropriation to the Department of Human Resources for the support of the Nevada Medicaid Health Care Financing and Policy and the Nevada Check-Up Program; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1007 (Chapter 286, SB 512)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Human Resources for unanticipated expenses for the support of the:

Nevada Medicaid Health Care Financing and Policy........ $22,771,148

Nevada Check-Up Program......................................................... $773,871

      2.  This appropriation is supplemental to that made by Section 19 of Chapter 327, Statutes of Nevada 2003, at page 1833.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 287, AB 98

Assembly Bill No. 98–Committee on Ways and Means

 

CHAPTER 287

 

AN ACT making an appropriation to the Motor Pool Division of the Department of Administration for additional vehicles; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

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 Motor Pool Division of the Department of Administration the sum of $1,213,174 for additional vehicles.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 288, AB 561

Assembly Bill No. 561–Committee on Ways and Means

 

CHAPTER 288

 

AN ACT relating to state financial administration; extending the reversion date of the appropriation made in the 20th Special Session for distribution to the Fighting Aids in Our Community Today organization for expenses related to the provision of certain HIV/AIDS services; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1008 (Chapter 288, AB 561)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of Chapter 8, Statutes of Nevada 2003, 20th Special Session, at page 270, is hereby amended to read as follows:

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Health Division of the Department of Human Resources the sum of $250,000 for distribution to Fighting Aids in Our Community Today (FACT), a Las Vegas organization, for the provision of community outreach, testing, counseling and dissemination of information related to HIV/AIDS in the area of West Las Vegas.

      2.  Upon acceptance of the money appropriated by subsection 1, the Fighting Aids in Our Community Today organization agrees to:

      (a) Use not more than 10 percent of the amount appropriated for administrative expenses.

      (b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, [2004,] 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Organization through December 1, [2004.] 2006.

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers, or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated by subsection 1 and distributed to the Fighting Aids in Our Community Today organization.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2005, and reverts] 2007, and must be reverted to the State General Fund [as soon as all payments of money committed have been made.] on or before September 21, 2007.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 289, AB 404

Assembly Bill No. 404–Assemblywoman Leslie

 

CHAPTER 289

 

AN ACT relating to residential leasing; removing the exemption for landlords who own and personally manage four or fewer dwelling units from provisions relating to landlords and tenants; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1009 (Chapter 289, AB 404)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118A.180 is hereby amended to read as follows:

      118A.180  1.  Except as otherwise provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this State.

      2.  This chapter does not apply to:

      (a) A rental agreement subject to the provisions of chapter 118B of NRS;

      (b) Low-rent housing programs operated by public housing authorities and established pursuant to the United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;

      (c) [A person who owns and personally manages four or fewer dwelling units, except with respect to the provisions of NRS 118A.200, 118A.300, 118A.325, 118A.340, 118A.380, 118A.450 and 118A.460;

      (d)] Residence in an institution, public or private, incident to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;

      [(e)] (d) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his successor in interest;

      [(f)] (e) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

      [(g)] (f) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period;

      [(h)] (g) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises;

      [(i)] (h) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment; or

      [(j)] (i) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

________

 

CHAPTER 290, SB 173

Senate Bill No. 173–Committee on Judiciary

 

CHAPTER 290

 

AN ACT relating to property; increasing the amount of the homestead exemption; exempting from execution by creditors a greater amount of equity in certain dwellings and a greater value of certain property; exempting from execution by creditors certain money held in a Roth Individual Retirement Account; making various other changes concerning property which is exempt from execution by creditors; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1010 (Chapter 290, SB 173)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 [.] and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$200,000] $350,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê by both husband and wife, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before [October 1, 2003,] July 1, 2005, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before [October 1, 2003.] July 1, 2005.

      Sec. 2.  NRS 115.050 is hereby amended to read as follows:

      115.050  1.  Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated, that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$200,000,] $350,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property, and if the amount of equity exceeds the sum of [$200,000,] $350,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

 


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ê2005 Statutes of Nevada, Page 1011 (Chapter 290, SB 173)ê

 

judgment makes an oath before the judge of the district court of the county in which the property is situated, that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$200,000,] $350,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property, and if the amount of equity exceeds the sum of [$200,000,] $350,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

      2.  If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$200,000] $350,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$200,000] $350,000 may be received by the officer making the sale.

      3.  When the execution is against a husband or wife, the judge may direct the [$200,000] $350,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.

      Sec. 3.  NRS 21.025 is hereby amended to read as follows:

      21.025  A writ of execution issued on a judgment for the recovery of money must be substantially in the following form:

 

(Title of the Court)

(Number and abbreviated title of the case)

                                                                                                                  EXECUTION

 

THE PEOPLE OF THE STATE OF NEVADA:

 

To the sheriff of ................................ County.

 

Greetings:

 

On ......(month)......(day)......(year), a judgment was entered by the above-entitled court in the above-entitled action in favor of ........................ as judgment creditor and against ....................... as judgment debtor for:

 

$..................................... principal,

$..................................... attorney’s fees,

$..................................... interest, and

$..................................... costs, making a total amount of

$..................................... the judgment as entered, and

 

      WHEREAS, according to an affidavit or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

 

$........................ accrued interest, and

 


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ê2005 Statutes of Nevada, Page 1012 (Chapter 290, SB 173)ê

 

$........................ accrued costs, together with $........ fee, for the issuance of this writ, making a total of

$........................ as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of

$........................

which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of

$........................

actually due on the date of the issuance of this writ, of which

$........................

bears interest at ........ percent per annum, in the amount of $........ per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.

 

      NOW, THEREFORE, SHERIFF OF ........................................ COUNTY, you are hereby commanded to satisfy this judgment with interest and costs as provided by law, out of the personal property of the judgment debtor, except that for any [pay period,] workweek, 75 percent of the disposable earnings of the debtor during [this period or for each week of the period 30] that week or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days [nor] or more than 60 days endorsed thereon with what you have done.

      Dated: This .......... day of the month of .......... of the year ..........

                                                                                    .........................................., Clerk.

                                                                                 By........................., Deputy Clerk.

      Sec. 4.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

 


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ê2005 Statutes of Nevada, Page 1013 (Chapter 290, SB 173)ê

 

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received under the Social Security Act.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Welfare Division of the Department of Human Resources or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed [$200,000,] $350,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  A vehicle, if your equity in the vehicle is less than $15,000.

      11.  Seventy-five percent of the take-home pay for any [pay period,] workweek, unless the weekly take-home pay is less than [30] 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      12.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. [§ 408;] §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

 


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ê2005 Statutes of Nevada, Page 1014 (Chapter 290, SB 173)ê

 

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

Ê These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

 


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ê2005 Statutes of Nevada, Page 1015 (Chapter 290, SB 173)ê

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 5.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section [:] or federal law:

      (a) Private libraries , works of art, musical instruments and jewelry not to exceed [$1,500] $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

      (b) Necessary household goods, [as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987,] furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed [$10,000] $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by [him.] the judgment debtor.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, [office equipment, office] equipment, supplies , and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of himself and his family not to exceed [$4,500] $10,000 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any [pay period,] workweek, 75 percent of the disposable earnings of a judgment debtor during that [period, or for each week of the period 30] week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph [, “disposable] :

             (1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law [,] to be withheld.

             (2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1016 (Chapter 290, SB 173)ê

 

and all furniture and uniforms of any fire company or department organized under the laws of this State.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$200,000] $350,000 in value and the dwelling is situated upon lands not owned by him.

      (n) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. [§ 408;] §§ 408 and 408A;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

             (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1017 (Chapter 290, SB 173)ê

 

purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      (t) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      (u) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (v) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (w) Payments received as restitution for a criminal act.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

      Sec. 6.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1018 (Chapter 290, SB 173)ê

 

      Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received under the Social Security Act.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Welfare Division of the Department of Human Resources or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed [$200,000,] $350,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  A vehicle, if your equity in the vehicle is less than $15,000.

      11.  Seventy-five percent of the take-home pay for any [pay period,] workweek, unless the weekly take-home pay is less than [30] 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      12.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. [§ 408;] §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


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ê2005 Statutes of Nevada, Page 1019 (Chapter 290, SB 173)ê

 

judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

Ê These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt.

 


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ê2005 Statutes of Nevada, Page 1020 (Chapter 290, SB 173)ê

 

whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

      IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

      Sec. 7.  NRS 31.295 is hereby amended to read as follows:

      31.295  1.  As used in this section [, the term “disposable] :

      (a) “Disposable earnings” means that part of the earnings of any person remaining after the deduction from those earnings of any amounts required by law to be withheld.

      (b) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

      2.  The maximum amount of the aggregate disposable earnings of a person which are subject to garnishment may not exceed:

      (a) Twenty-five percent of his disposable earnings for the relevant [pay period;] workweek; or

      (b) The amount by which his disposable earnings for [each week of that period exceed 30] that week exceed 50 times the federal minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C. § 206(a)(1), in effect at the time the earnings are payable,

Ê whichever is less.

      3.  The restrictions of subsection 2 do not apply in the case of:

      (a) Any order of any court for the support of any person.

      (b) Any order of any court of bankruptcy.

      (c) Any debt due for any state or federal tax.

      4.  Except as otherwise provided in this subsection, the maximum amount of the aggregate disposable earnings of a person for any workweek which are subject to garnishment to enforce any order for the support of any person may not exceed:

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1021 (Chapter 290, SB 173)ê

 

      (a) Fifty percent of his disposable earnings for that week if he is supporting a spouse or child other than the spouse or child for whom the order of support was rendered; or

      (b) Sixty percent of his disposable earnings for that week if he is not supporting such a spouse or child,

Ê except that if the garnishment is to enforce a previous order of support with respect to a period occurring at least 12 weeks before the beginning of the workweek, the limits which apply to the situations described in paragraphs (a) and (b) are 55 percent and 65 percent, respectively.

      Sec. 8.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 291, SB 517

Senate Bill No. 517–Committee on Finance

 

CHAPTER 291

 

AN ACT relating to recreation; extending the reversion date of certain appropriations from previous sessions for state park improvements; allowing certain money authorized for expenditure in previous sessions for state park improvements to be carried forward to each fiscal year of the 2005-2007 biennium; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4 of Chapter 536, Statutes of Nevada 1997, as last amended by Section 1 of Chapter 430, Statutes of Nevada 2003, at page 2641, is hereby amended to read as follows:

      Sec. 4.  Any remaining balance of the appropriation made by Section 1 of Chapter 536, Statutes of Nevada 1997:

      1.  For use as provided in subsections 4, 5, 7 and 9 of that section must not be committed for expenditure after June 30, 1999, and reverts to the State General Fund as soon as all payments of money committed have been made.

      2.  For use as provided in subsections 1, 2, 3, 6 and 8 of that section must not be committed for expenditure after June 30, [2005, and reverts] 2007, and must be reverted to the State General Fund [as soon as all payments of money committed have been made.] on or before September 21, 2007.

      Sec. 2.  Section 17 of Chapter 328, Statutes of Nevada 2003, at page 1857, is hereby amended to read as follows:

      Sec. 17.  Any money authorized for expenditure in Section 1 of Chapter 586, Statutes of Nevada 2001, for the Division of State Parks of the State Department of Conservation and Natural Resources for park improvements that remains unexpended on June 30, [2003,] 2005, may be carried forward to each fiscal year of the [2003-2005] 2005-2007 biennium to complete the projects as authorized by the 2001 Legislature.

 


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ê2005 Statutes of Nevada, Page 1022 (Chapter 291, SB 517)ê

 

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 292, SB 514

Senate Bill No. 514–Committee on Finance

 

CHAPTER 292

 

AN ACT relating to health care; revising the provisions governing the annual assessment of hospitals for the support of the Bureau for Hospital Patients within the Office for Consumer Health Assistance; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 223.575 is hereby amended to read as follows:

      223.575  1.  The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance in the Office of the Governor.

      2.  The Director:

      (a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.

      (b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.

      (c) On or before February 1 of each year, shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau concerning the activities of the Bureau for Hospital Patients for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation, the number of complaints received by the Bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the Director and the outcome of the mediation, arbitration or alternative means of dispute resolution.

      3.  The Director may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Director may decline to hear a case that in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The Director may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

      (a) The accuracy or amount of charges billed to a patient;

      (b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

      (c) Such other matters related to the charges for care provided to a patient as the Director determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

      4.  The decision of the Director is a final decision for the purpose of judicial review.

      5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Director shall notify each hospital of its assessment for the fiscal year.

 


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ê2005 Statutes of Nevada, Page 1023 (Chapter 292, SB 514)ê

 

notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      6.  The total amount assessed pursuant to subsection 5 for a fiscal year must not be more than $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

      7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 293, SB 209

Senate Bill No. 209–Senator Rhoads

 

CHAPTER 293

 

AN ACT relating to business associations; providing that the unclaimed capital credit of certain nonprofit cooperative corporations is not subject to the provisions of the Uniform Disposition of Unclaimed Property Act under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 81 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any capital credit distributed to a member by an electric cooperative formed under NRS 81.410 to 81.540, inclusive, which remains unclaimed for 1 year after the date authorized for distribution reverts to the cooperative and is not subject to the provisions of chapter 120A of NRS if:

(a) Not more than 6 months after the date the capital credit was authorized for distribution, the cooperative gives notice to the member that the capital credit is available; and

(b) The member fails to respond to such notice within 30 days after his receipt of the notification.

2.  The notice pursuant to subsection 1 must be sent by mail to the member at his last known address, as it appears in the records of the cooperative.

      3.  As used in this section, “capital credit” means money which is credited to the capital account of a member of a cooperative after deducting the member’s pro rata share of the operating costs of the cooperative from the amount paid by the member for electric service.

 


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ê2005 Statutes of Nevada, Page 1024 (Chapter 293, SB 209)ê

 

      Sec. 2.  NRS 81.410 is hereby amended to read as follows:

      81.410  1.  Nonprofit cooperative corporations may be formed by the voluntary association of any three or more persons in the manner prescribed in NRS 81.410 to 81.540, inclusive [.] , and section 1 of this act.

      2.  Except as otherwise provided in subsection 3, the provisions of chapter 82 of NRS govern a nonprofit cooperative corporation organized pursuant to NRS 81.410 to 81.540, inclusive, and section 1 of this act, except to the extent that the provisions of chapter 82 of NRS are inconsistent with NRS 81.410 to 81.540, inclusive [.] , and section 1 of this act.

      3.  NRS 82.081 and 82.136 do not apply to a nonprofit cooperative corporation organized pursuant to NRS 81.410 to 81.540, inclusive [.] , and section 1 of this act.

      Sec. 3.  NRS 81.540 is hereby amended to read as follows:

      81.540  1.  The provisions of NRS 81.410 to 81.540, inclusive, and section 1 of this act are not applicable to railroads, telegraph, telephone, banking, insurance, building and loan, or any other corporation, unless the special provisions of NRS 81.410 to 81.540, inclusive, and section 1 of this act applicable thereto are complied with.

      2.  NRS 81.410 to 81.540, inclusive, and section 1 of this act do not amend or repeal any of the provisions of NRS 81.010 to 81.160, inclusive, or 81.170 to 81.270, inclusive.

      Sec. 4.  The amendatory provisions of this act apply to any capital credit that is authorized for distribution on or after July 1, 2005.

      Sec. 5.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 294, SB 34

Senate Bill No. 34–Committee on Transportation and Homeland Security

 

CHAPTER 294

 

AN ACT relating to drivers’ licenses; decreasing the fees for the issuance and renewal of noncommercial drivers’ licenses; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  Except as otherwise provided in subsection 6, for every driver’s license, including a motorcycle driver’s license, issued and service performed, the following fees must be charged:

 

[A] An original or renewal license issued to a person 65 years of age or older         [$14] $13.50

An original or renewal license issued to any [other] person less than 65 years of age              [19

A renewal license issued to any other person............................ 19] 18.50

 


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ê2005 Statutes of Nevada, Page 1025 (Chapter 294, SB 34)ê

 

Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385 $40

Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.......................................................................................... 65

A new photograph, change of name, change of other information, except address, or any combination           5

A duplicate license...................................................................................... 14

 

      2.  For every motorcycle endorsement to a driver’s license, a fee of $5 must be charged.

      3.  If no other change is requested or required, the Department shall not charge a fee to convert the number of a license from the licensee’s social security number, or a number that was formulated by using the licensee’s social security number as a basis for the number, to a unique number that is not based on the licensee’s social security number.

      4.  The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.

      5.  A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.

      6.  The Department may not charge a fee for the reinstatement of a driver’s license that has been:

      (a) Voluntarily surrendered for medical reasons; or

      (b) Cancelled pursuant to NRS 483.310.

      7.  All fees and penalties are payable to the Administrator at the time a license or a renewal license is issued.

      8.  Except as otherwise provided in NRS 483.340, 483.415 and 483.840, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 295, AB 571

Assembly Bill No. 571–Committee on Ways and Means

 

CHAPTER 295

 

AN ACT relating to programs for public personnel; establishing for the next biennium the amount to be paid to the Public Employees’ Benefits Program for group insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1026 (Chapter 295, AB 571)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, the State’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the Public Employees’ Benefits Program is:

      (a) For the Fiscal Year 2005-2006, $481.19 per month.

      (b) For the Fiscal Year 2006-2007, $500.20 per month.

      2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the public officer or employee selects less any amount paid by the public officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created pursuant to NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a public officer or employee.

      Sec. 2.  For the purposes of subsection 2 of NRS 287.046, the base amount for the State’s share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees’ Benefits Program is:

      1.  For the Fiscal Year 2005-2006, $321.27 per month.

      2.  For the Fiscal Year 2006-2007, $336.97 per month.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 296, AB 569

Assembly Bill No. 569–Committee on Commerce and Labor

 

CHAPTER 296

 

AN ACT relating to health care; making a technical correction to the date by which managed care organizations are required to report certain information to the Office for Consumer Health Assistance; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 695G.310 is hereby amended to read as follows:

      695G.310  On or before [January] December 31 of each year, each managed care organization shall file a written report with the Office for Consumer Health Assistance setting forth the total number of:

      1.  Requests for external review that were received by the managed care organization during the immediately preceding year; and

      2.  Final adverse determinations of the managed care organization that were:

      (a) Upheld during the immediately preceding year.

      (b) Reversed during the immediately preceding year.

 


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ê2005 Statutes of Nevada, Page 1027 (Chapter 296, AB 569)ê

 

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 297, AB 534

Assembly Bill No. 534–Committee on Ways and Means

 

CHAPTER 297

 

AN ACT relating to the University and Community College System of Nevada; authorizing the Board of Regents of the University of Nevada to issue revenue bonds to finance a portion of the cost of constructing parking facilities at the Community College of Southern Nevada and a residence hall at Western Nevada Community College; increasing the total authorized amount of certain revenue bonds that the Board of Regents may issue for certain facilities at the University of Nevada, Reno, and the University of Nevada, Las Vegas; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Except as otherwise provided in sections 2 to 9, inclusive, of this act, terms used or referred to in sections 2 to 9, inclusive, of this act have the meanings ascribed to them in the University Securities Law.

      2.  As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 2.  “Net pledged revenues” means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of “pledged revenues.”

      Sec. 3.  1.  “Pledged revenues” means, in connection with securities issued pursuant to sections 1 to 9, inclusive, of this act, to finance in part the project designated in section 4 of this act:

      (a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situated on the campuses of the community colleges of the University and Community College System of Nevada, including, without limitation, the project, which revenues the Board, by the resolution authorizing the securities issued pursuant to sections 1 to 9, inclusive, of this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and

      (b) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending any of the community colleges of the University and Community College System of Nevada, subject to the limitation provided in subsection 5 of NRS 396.840.

      2.  “Pledged revenues” includes, in connection with students attending those community colleges, any fees of students authorized by law after the effective date of this act, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the community colleges, the Board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in sections 1 to 9, inclusive, of this act and any other securities payable therefrom are extended after the effective date of this act.

 


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ê2005 Statutes of Nevada, Page 1028 (Chapter 297, AB 534)ê

 

producing facilities of the community colleges, the Board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in sections 1 to 9, inclusive, of this act and any other securities payable therefrom are extended after the effective date of this act.

      3.  “Pledged revenues” indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.

      Sec. 4.  1.  “Project” means the construction, acquisition, rehabilitation or improvement, or any combination thereof, of:

      (a) Parking facilities at the Community College of Southern Nevada; and

      (b) A residence hall at Western Nevada Community College.

      2.  The term includes any land, equipment and furnishings required therefor, and other appurtenances relating thereto.

      Sec. 5.  1.  The Board, on behalf and in the name of the University, is authorized by sections 1 to 9, inclusive, of this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the University in a total principal amount not exceeding $20,000,000 for parking facilities at the Community College of Southern Nevada and in a total principal amount not exceeding $10,000,000 for a residence hall at Western Nevada Community College, except that if the Board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the Board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

      (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 15 years after the effective date of this act, as the Board determines, and consisting of special obligations of the University payable from the net pledged revenues authorized by sections 1 to 9, inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, without limitation, proceeds of securities authorized by sections 1 to 9, inclusive, of this act.

      (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 1 to 9, inclusive, of this act except as otherwise expressly provided in those sections.

      2.  Sections 1 to 9, inclusive, of this act do not prevent the Board from funding, refunding or reissuing any securities of the University or the Board at any time as provided in the University Securities Law.

      Sec. 6.  Bonds and other securities authorized by sections 1 to 9, inclusive, of this act are subject to no limitations upon their rate of interest or the rate of discount at which they may be sold, including the limitations set forth in subsection 2 of NRS 396.850 and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.

 


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ê2005 Statutes of Nevada, Page 1029 (Chapter 297, AB 534)ê

 

Bonds most recently published before bids are received or a negotiated offer is accepted.

      Sec. 7.  The powers conferred by sections 1 to 9, inclusive, of this act are in addition to and supplemental to, and the limitations imposed by sections 1 to 9, inclusive, of this act do not affect, the powers conferred by any other law, general or special. Securities may be issued under sections 1 to 9, inclusive, of this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of sections 1 to 9, inclusive, of this act are inconsistent with the provisions of any other law, general or special, the provisions of sections 1 to 9, inclusive, of this act control.

      Sec. 8.  The Legislature intends that sections 1 to 9, inclusive, of this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect their purposes.

      Sec. 9.  If any provision of sections 1 to 9, inclusive, of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of sections 1 to 9, inclusive, of this act that can be given effect without the invalid provisions or application, and to this end the provisions of sections 1 to 9, inclusive, of this act are declared to be severable.

      Sec. 10.  Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by chapter 299, Statutes of Nevada 2003, at page 1619, is hereby amended to read as follows:

      Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$176,000,000] $276,855,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding [$199,000,000] $339,055,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school;

      (b) To issue such bonds and other securities in connection with the [projects] project in one series or more at any time or from time to time within 18 years after the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and

      (d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.

      2.  If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.

 


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ê2005 Statutes of Nevada, Page 1030 (Chapter 297, AB 534)ê

 

subsection 1 is increased by an amount equal to the discount at which the bonds are sold.

      3.  This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

      Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 298, AB 458

Assembly Bill No. 458–Committee on Ways and Means

 

CHAPTER 298

 

AN ACT relating to the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to carry out the Environmental Improvement Program; extending the period for issuance of bonds to carry out the Program; clarifying the manner in which money from the proceeds of previously issued bonds must be administered; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

      Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and

      Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California, local governments and owners of private property within both states; and

      Whereas, The cost of carrying out the Environmental Improvement Program that is apportioned to the State of Nevada and its political subdivisions is $82,000,000; and

      Whereas, For the period between the fiscal year beginning on July 1, 1997, and the fiscal year ending on June 30, 2001, the State of Nevada and its political subdivisions provided $28,800,000 to meet their apportioned commitment, which included:

      1.  General obligation bonds issued in the face amount of $20,000,000 pursuant to Chapter 361, Statutes of Nevada 1995, at page 907, and approved by the voters of this State at the General Election held in 1996, to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin; and

      2.  General obligation bonds issued in the face amount of $3,200,000 pursuant to Chapter 514, Statutes of Nevada 1999, at page 2627, to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to Section 1 of Chapter 514, Statutes of Nevada 1999, at page 2627, for the period between the fiscal year beginning on July 1, 1999, and the fiscal year ending on June 30, 2001; and

 


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ê2005 Statutes of Nevada, Page 1031 (Chapter 298, AB 458)ê

 

1999, at page 2627, for the period between the fiscal year beginning on July 1, 1999, and the fiscal year ending on June 30, 2001; and

      Whereas, Chapter 514, Statutes of Nevada 1999, created the Fund to Protect the Lake Tahoe Basin in the State General Fund, directed the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to administer that Fund and directed the Administrator, in cooperation with other state agencies, to coordinate the development and carrying out of a program of environmental improvement projects for the Lake Tahoe Basin; and

      Whereas, Chapter 514, Statutes of Nevada 1999, provided that money in an amount not to exceed $53,200,000 would be made available to carry out the program of environmental improvement projects by the issuance of general obligation bonds and legislative appropriation; and

      Whereas, Part of the $53,200,000 authorized by Chapter 514, Statutes of Nevada 1999, was provided in the form of general obligation bonds issued pursuant to:

      1.  Chapter 302, Statutes of Nevada 2001, at page 1428, in the face amount of $16,200,000 to carry out the program of environmental improvement projects for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2003; and

      2.  Chapter 438, Statutes of Nevada 2003, at page 2655, in the face amount of $9,870,000 to carry out the program of environmental improvement projects for the period between the fiscal year beginning on July 1, 2003, and the fiscal year ending on June 30, 2005; and

      Whereas, Although the timing for the issuance of bonds authorized pursuant to Chapter 514, Statutes of Nevada 1999, to pay for Nevada’s share of the Environmental Improvement Program was initially the 10-year period ending in Fiscal Year 2006-2007, extension of that period to the end of Fiscal Year 2009-2010 is necessary to complete the funding of the remaining environmental improvement projects; and

      Whereas, The general obligation bonds authorized by Chapter 514, Statutes of Nevada 1999, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

      1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

      2.  Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      Sec. 2.  Money to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to Section 1 of Chapter 514, Statutes of Nevada 1999, at page 2627, in an amount not to exceed $16,800,000 must be provided for the period between the fiscal year beginning on July 1, 2005, and the fiscal year ending on June 30, 2007, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $16,800,000 pursuant to NRS 349.150 to 349.364, inclusive.

 


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ê2005 Statutes of Nevada, Page 1032 (Chapter 298, AB 458)ê

 

the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $16,800,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to Section 2 of Chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this section, must be used as follows:

      1.  Projects of the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:

      (a) Shorezone/Stream Restoration Project................................... $1,500,000

      (b) Forest Restoration Phase III......................................................... $650,000

      2.  Water Quality, Erosion Control and Stream Restoration/Enhancement Projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements $14,000,000

      3.  Contingency money to carry out any environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.............................................................. $650,000

      Sec. 3.  1.  The Division of State Lands of the State Department of Conservation and Natural Resources may combine the contingency money authorized pursuant to subsection 3 of section 2 of this act with any other contingency money authorized by the Legislature to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.

      2.  If an amount authorized to carry out the projects set forth in section 2 of this act or any other environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin is insufficient to allow the completion of the project for which it is authorized, including, without limitation, any monitoring necessary to ensure the continued effectiveness of the project:

      (a) The Division of State Lands may, without the prior approval of the Interim Finance Committee, allocate the contingency money authorized pursuant to subsection 3 of section 2 of this act, including any money combined therewith pursuant to subsection 1, to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin, notwithstanding the provisions of Section 2 of Chapter 438, Statutes of Nevada 2003, at page 2655, Section 2 of Chapter 302, Statutes of Nevada 2001, at page 1428, and subsection 2 of Section 1 of Chapter 514, Statutes of Nevada 1999, at page 2627; and

      (b) Upon the request of the Division of State Lands, the Interim Finance Committee may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another environmental improvement project or projects that are paid for with money from the Fund to Protect the Lake Tahoe Basin by the amount of the increase.

      3.  The Division of State Lands may use money authorized pursuant to section 2 of this act for a project other than a project listed in section 2 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1033 (Chapter 298, AB 458)ê

 

      Sec. 4.  Section 1 of the Lake Tahoe Basin Act of June 8, 1999, being Chapter 514, Statutes of Nevada 1999, at page 2627, is hereby amended to read as follows:

      Section 1.  1.  The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, in cooperation with other state agencies, shall coordinate the development and implementation of a program of environmental improvement projects for:

      (a) The protection and enhancement of the quality of the air and water;

      (b) The protection and restoration of natural watercourses, wetlands, wildlife habitat, fisheries, vegetation and forests;

      (c) Prevention and control of erosion; and

      (d) Enhancement of recreational and tourism opportunities,

Ê in the Lake Tahoe Basin.

      2.  Money to carry out the program in an amount not to exceed $3,200,000 must be provided for the period between the fiscal year beginning on July 1, 1999, and the fiscal year ending on June 30, 2001, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $3,200,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this subsection must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of this act and, except as otherwise provided in this subsection, must be used as follows:

      (a) Sand Harbor Visitor/Administrative Center BMPs............... $1,000,000

      (b) North Canyon Hiking Trail................................................................ 15,000

      (c) Sand Harbor Erosion Control.......................................................... 100,000

      (d) Upland Wildlife Habitat Enhancement........................................... 66,000

      (e) North Canyon Old Growth Habitat Restoration.......................... 130,000

      (f) Forest Restoration - Phase I.......................................................... 1,500,000

      (g) Sand Harbor-Memorial Point Trail................................................... 56,000

      (h) Hidden Beach Rehabilitation, BMPs............................................ 106,000

      (i) Sugar Pine Old Growth Habitat Restoration.................................... 75,000

      (j) Project contingency........................................................................... 152,000

Ê If an amount authorized pursuant to this subsection is insufficient to allow the completion of the project for which it is authorized, the Interim Finance Committee, upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another project or projects pursuant to this subsection by the amount of the increase. The Division of State Lands may use money authorized pursuant to this subsection for a project other than a project listed in this subsection if the Interim Finance Committee approves such a use in writing before the Division engages in the project. The Division of State Lands may allocate money pursuant to paragraph (j) without the prior approval of the Interim Finance Committee.

      3.  Money to carry out the program in an amount not to exceed $53,200,000 must be provided for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, [2007,] 2010, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $53,200,000.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1034 (Chapter 298, AB 458)ê

 

[2007,] 2010, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $53,200,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this subsection.

      4.  The amount of bonds authorized by subsection 3 must be reduced by the amount of any money appropriated by the Legislature for the same purpose upon certification by the Administrator of the Division of State Lands of the amount of each such appropriation to the State Board of Finance. The Administrator of the Division of State Lands shall submit a request to the Legislature each biennium, as necessary, for an appropriation for the program.

      5.  The Administrator of the Division of State Lands may adopt such regulations as are necessary to carry out the program.

      Sec. 5.  Chapter 585, Statutes of Nevada 1985, at page 1866, 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.  1.  The proceeds of any bonds issued pursuant to this act, after deducting the expenses relating to the issuance of the bonds, must be accounted for separately in the State General Fund.

      2.  Any interest or income earned on the money in the account must be credited to the account.

      3.  Money in the account:

      (a) Does not revert to the State General Fund at the end of any fiscal year; and

      (b) Must be carried forward to the next fiscal year.

      Sec. 6.  Section 3 of Chapter 361, Statutes of Nevada 1995, as amended by Chapter 438, Statutes of Nevada 2003, at page 2658, is hereby amended to read as follows:

      Sec. 3.  [After]

      1.  The proceeds of any bonds issued pursuant to section 1 of this act, after deducting the expenses relating to the issuance of the bonds, must be accounted for separately in the State General Fund.

      2.  Any interest or income earned on the money in the account must be credited to the account.

      3.  Money in the account:

      (a) Does not revert to the State General Fund at the end of any fiscal year;

      (b) Must be carried forward to the next fiscal year; and

      (c) May be used by the State Land Registrar [may use the proceeds from any bonds issued pursuant to the provisions of section 1 of this act] to defray the costs of administering the program for awarding grants and other programs to protect the Lake Tahoe Basin.

      Sec. 7.  This act becomes effective on July 1, 2005.

________

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1035ê

 

CHAPTER 299, AB 47

Assembly Bill No. 47–Committee on Judiciary

 

CHAPTER 299

 

AN ACT relating to juvenile justice; requiring certain children referred to the system of juvenile justice to be screened for mental health and substance abuse problems; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each child who is taken into custody by a peace officer or probation officer and detained in a local facility for the detention of children or a regional facility for the detention of children while awaiting a detention hearing pursuant to NRS 62C.040 or 62C.050 must be screened to determine whether the child is in need of mental health services or is an abuser of alcohol or drugs.

      2.  The facility in which the child is detained shall cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child has been detained in the facility.

      3.  The method for conducting the screening required pursuant to subsection 1 must satisfy the requirements of section 4 of this act.

      Sec. 2.  Chapter 62E of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  Each child who is adjudicated delinquent and committed by the juvenile court to a regional facility for the detention of children or state facility for the detention of children or ordered by the juvenile court to be placed in a facility for the detention of children pursuant to NRS 62E.710 must be screened to determine whether the child is in need of mental health services or is an abuser of alcohol or drugs.

      2.  The facility to which the child is committed or in which the child is placed shall cause the screening required pursuant to subsection 1 to be conducted as soon as practicable after the child has been committed to or placed in the facility.

      3.  The method for conducting the screening required pursuant to subsection 1 must satisfy the requirements of section 4 of this act.

      Sec. 4.  1.  Each local facility for the detention of children and regional facility for the detention of children shall conduct the screening required pursuant to sections 1 and 3 of this act using a method that has been approved by the Division of Child and Family Services. The Division shall approve a method upon determining that the method is:

      (a) Based on research; and

      (b) Reliable and valid for identifying a child who is in need of mental health services or who is an abuser of alcohol or other drugs.

      2.  Each local facility for the detention of children and regional facility for the detention of children shall submit its method for conducting the screening required pursuant to sections 1 and 3 of this act to the Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1036 (Chapter 299, AB 47)ê

 

Division of Child and Family Services for approval on or before July 1 of each fifth year after the date on which the method was initially approved by the Division. Before a local facility for the detention of children or regional facility for the detention of children may begin using a new method for conducting the screening required pursuant to section 1 or 3 of this act, the facility must obtain approval of the method from the Division pursuant to subsection 1.

      3.  If the Division of Child and Family Services does not approve a method for conducting the screening required pursuant to sections 1 and 3 of this act that is submitted by a local facility for the detention of children or a regional facility for the detention of children, and the facility does not submit a new method for conducting the screening for approval within 90 days after the denial, the Division of Child and Family Services shall notify the appropriate board of county commissioners or other governing body which administers the facility and the chief judge of the appropriate judicial district that the facility has not received approval of its method for conducting the screening as required by this section.

      4.  Upon receiving the notice required by subsection 3, the appropriate board of county commissioners or governing body and the chief judge shall take appropriate action to ensure that the facility complies with the requirements of this section and sections 1 and 3 of this act.

      5.  Each state facility for the detention of children shall use a method for conducting the screening required pursuant to section 3 of this act that satisfies the requirements of paragraphs (a) and (b) of subsection 1. The Division of Child and Family Services shall review the method used by each state facility for the detention of children at least once every 5 years to ensure the method used by the facility continues to satisfy the requirements of paragraphs (a) and (b) of subsection 1.

      6.  The Division of Child and Family Services shall adopt such regulations as are necessary to carry out the provisions of this section and sections 1 and 3 of this act, including, without limitation, regulations prescribing the requirements for:

      (a) Transmitting information obtained from the screening conducted pursuant to section 1 or 3 of this act; and

      (b) Protecting the confidentiality of information obtained from such screening.

      Sec. 5.  NRS 62E.500 is hereby amended to read as follows:

      62E.500  1.  The provisions of NRS 62E.500 to 62E.730, inclusive [:] , and sections 3 and 4 of this act:

      (a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

      (b) Except as otherwise provided in NRS 62E.700, do not apply to the disposition of a case involving a child who is found to have committed a minor traffic offense.

      2.  If a child is adjudicated delinquent:

      (a) The juvenile court may issue any orders or take any actions set forth in NRS 62E.500 to 62E.730, inclusive, and sections 3 and 4 of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1037 (Chapter 299, AB 47)ê

 

      Sec. 6.  1.  Notwithstanding the provisions of section 4 of this act, each local facility for the detention of children and regional facility for the detention of children:

      (a) Until July 1, 2006, may use its method of conducting the screening required pursuant to sections 1 and 3 of this act without first obtaining approval;

      (b) On or before July 1, 2006, shall submit to the Division of Child and Family Services of the Department of Human Resources for approval its method for conducting the screening required pursuant to sections 1 and 3 of this act; and

      (c) If it has submitted its method in accordance with paragraph (b), may use its method of conducting the screening required pursuant to sections 1 and 3 of this act without first obtaining approval until the later of:

             (1) July 1, 2006; or

             (2) The date on which the Division of Child and Family Services of the Department of Human Resources disapproves the method.

      2.  As used in this section:

      (a) “Local facility for the detention of children” has the meaning ascribed to it in NRS 62A.190.

      (b) “Regional facility for the detention of children” has the meaning ascribed to it in NRS 62A.280.

      Sec. 7.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 8.  1.  This section becomes effective upon passage and approval.

      2.  Section 4 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2005, for all other purposes.

      3.  Sections 1, 2, 3, 5, 6 and 7 of this act become effective on October 1, 2005.

________

 

CHAPTER 300, AB 411

Assembly Bill No. 411–Assemblyman Atkinson

 

CHAPTER 300

 

AN ACT relating to the transportation of pupils; requiring the Nevada Association of School Boards to study the feasibility and necessity of safety restraints for use by pupils on school buses; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 11.  The Nevada Association of School Boards shall study the feasibility and necessity of the use of safety restraints by pupils on school buses. The study must include, without limitation:

      (a) A determination whether safety restraints are necessary to enhance the safety of pupils on school buses;

      (b) A plan for the installation of appropriate safety restraints in school buses and the implementation of requirements for pupils to wear the safety restraints, including, without limitation, a time frame for carrying out the plan;

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1038 (Chapter 300, AB 411)ê

 

restraints, including, without limitation, a time frame for carrying out the plan;

      (c) The costs of implementing the plan described in paragraph (b);

      (d) The manner by which the school districts in this State may enforce the use of safety restraints by pupils; and

      (e) Recommendations for appropriate disciplinary action for pupils who refuse to wear the safety restraints or who use the safety restraints in an unsafe manner.

      2.  On or before February 1, 2007, the Nevada Association of School Boards shall submit a written report of the results of the study conducted pursuant to subsection 1, including, without limitation, any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 301, SB 100

Senate Bill No. 100–Committee on Finance

 

CHAPTER 301

 

AN ACT making an appropriation to the Supreme Court of Nevada for remodeling costs associated with the conversion of two offices for attorneys into meeting and training rooms; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

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 Supreme Court of Nevada the sum of $20,000 for remodeling costs associated with the conversion of two offices for attorneys into meeting and training rooms.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 302, SB 103

Senate Bill No. 103–Committee on Finance

 

CHAPTER 302

 

AN ACT making an appropriation to the Department of Cultural Affairs for the development, renovation and expansion of the Southern Nevada Railroad Museum; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1039 (Chapter 302, SB 103)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs the sum of $859,140 for the development, renovation and expansion of the Southern Nevada Railroad Museum.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 303, SB 156

Senate Bill No. 156–Senator Lee

 

CHAPTER 303

 

AN ACT relating to higher education; encouraging the Board of Regents to establish a program of agronomy, horticulture, landscape ecology, and design and plant sciences within the College of Agriculture of the University of Nevada, Reno; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

      Whereas, In Nevada, the provision of services that include lawncare, landscaping, groundskeeping, the restoration of lands through the control of invasive weeds and revegetation with native plants and grasses, supports approximately 15,000 jobs and generates approximately $750 million annually in direct sales; and

      Whereas, The provision of these vital services requires a well-educated and trained workforce; and

      Whereas, Nevada’s crop industry, including, without limitation, alfalfa and other hays, potatoes, onions, garlic, melons, barley, wheat, corn and oats, generates approximately $250 million annually; and

      Whereas, Organizations in the State of Nevada that represent the horticultural and commodity industries in the State have expressed a critical need for outreach and research services and support in many areas relating to agronomy and horticulture, including, without limitation, the management of weeds, pests and plant diseases, plant breeding and xeriscaping; and

      Whereas, Despite the need for a well-educated and trained workforce in Nevada in the areas of agronomy, horticulture, landscaping ecology, and design and plant sciences, there is no baccalaureate program offered within the University and Community College System of Nevada that is specific to those industries in this State; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby encourages the Board of Regents of the University of Nevada to:

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1040 (Chapter 303, SB 156)ê

 

      1.  Establish within the College of Agriculture of the University of Nevada, Reno, a program of agronomy, horticulture, landscape ecology, and design and plant sciences;

      2.  Offer a bachelor of science degree in those areas;

      3.  In addition to offering courses in those areas at the University of Nevada, Reno, offer courses in those areas at the Community College of Southern Nevada, other campuses within the University and Community College System of Nevada and through distance education, as determined appropriate by the Board of Regents; and

      4.  Submit a report to the 74th Session of the Nevada Legislature regarding the status of any action the Board of Regents has taken to establish a program of agronomy, horticulture, landscape ecology, and design and plant sciences in accordance with this section.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 304, AB 31

Assembly Bill No. 31–Committee on Government Affairs

 

CHAPTER 304

 

AN ACT relating to public records; making certain records of local governmental entities containing personally identifying information confidential if such information was provided to the local governmental entity in relation to the use of recreational facilities of the local governmental entity or participation in instructional or recreational activities of the local governmental entity; requiring the disclosure of such information for certain purposes; prohibiting a local governmental entity from requiring a social security number to be provided for certain purposes; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 239 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Records of a local governmental entity are confidential and not public books or records within the meaning of NRS 239.010 if:

      (a) The records contain the name, address, telephone number or other identifying information of a natural person; and

      (b) The natural person whose name, address, telephone number or other identifying information is contained in the records provided such information to the local governmental entity for the purpose of:

             (1) Registering with or applying to the local governmental entity for the use of any recreational facility or portion thereof that the local governmental entity offers for use through the acceptance of reservations; or

             (2) On his own behalf or on behalf of a minor child, registering or enrolling with or applying to the local governmental entity for participation in an instructional or recreational activity or event conducted, operated or sponsored by the local governmental entity.

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1041 (Chapter 304, AB 31)ê

 

in an instructional or recreational activity or event conducted, operated or sponsored by the local governmental entity.

      2.  The records described in subsection 1 must be disclosed by a local governmental entity only pursuant to:

      (a) A subpoena or court order, lawfully issued, requiring the disclosure of such records;

      (b) An affidavit of an attorney setting forth that the disclosure of such records is relevant to an investigation in anticipation of litigation; or

      (c) A request by a reporter or editorial employee for the disclosure of such records, if the reporter or editorial employee is employed by or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station.

      3.  Except as otherwise provided by specific statute or federal law, a natural person shall not provide, and a local governmental entity shall not require, the social security number of any natural person for the purposes described in subparagraphs (1) and (2) of paragraph (b) of subsection 1.

      4.  As used in this section, unless the context otherwise requires, “local governmental entity” has the meaning ascribed to it in NRS 239.121.

________

 

CHAPTER 305, SB 70

Senate Bill No. 70–Committee on Legislative Operations and Elections

 

CHAPTER 305

 

AN ACT relating to public lands; clarifying the authority of the Legislative Committee on Public Lands to review and comment on certain matters relating to public lands; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.5367 is hereby amended to read as follows:

      218.5367  1.  The Committee may:

      (a) Review and comment on any administrative policy, rule or regulation of the:

             (1) Secretary of the Interior which pertains to policy concerning or management of public lands under the control of the Federal Government; and

             (2) Secretary of Agriculture which pertains to policy concerning or management of national forests;

      (b) Conduct investigations and hold hearings in connection with its review, including , but not limited to , investigating the effect on the State, its citizens, political subdivisions, businesses and industries of those policies, rules, regulations and related laws;

      (c) Consult with and advise the State Land Use Planning Agency on matters concerning federal land use, policies and activities in this State;

      (d) Direct the Legislative Counsel Bureau to assist in its research, investigations, review and comment;

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1042 (Chapter 305, SB 70)ê

 

      (e) Recommend to the Legislature as a result of its review any appropriate state legislation or corrective federal legislation;

      (f) Advise the Attorney General if it believes that any federal policy, rule or regulation which it has reviewed encroaches on the sovereignty respecting land or water or their use which has been reserved to the State pursuant to the Constitution of the United States;

      (g) Enter into a contract for consulting services for land planning and any other related activities, including, but not limited to:

             (1) Advising the Committee and the State Land Use Planning Agency concerning the revision of the plans pursuant to NRS 321.7355;

             (2) Assisting local governments in the identification of lands administered by the Federal Government in this State which are needed for residential or economic development or any other purpose; and

             (3) Assisting local governments in the acquisition of federal lands in this State; [and]

      (h) Apply for any available grants and accept any gifts, grants or donations to [aid] assist the committee in carrying out its duties [.] ; and

      (i) Review and comment on any other matter relating to the preservation, conservation, use, management or disposal of public lands deemed appropriate by the Chairman of the Committee or by a majority of the members of the Committee.

      2.  Any reference in this section to federal policies, rules, regulations and related federal laws includes those which are proposed as well as those which are enacted or adopted.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 306, AB 35

Assembly Bill No. 35–Committee on Health and Human Services

 

CHAPTER 306

 

AN ACT relating to children; providing that an officer or employee of a county may sign and verify an application for an instruction permit or driver’s license for a person under the age of 18 years who is in the legal custody of the county; providing a county and an officer or employee of a county with immunity from an action for damages caused by a minor driver whose application for a driver’s license was signed by the officer or employee while the minor was in the custody of the county; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.300 is hereby amended to read as follows:

      483.300  1.  The application of any person under the age of 18 years for an instruction permit or driver’s license must be signed and verified, before a person authorized to administer oaths:

      (a) By the applicant’s parent who has custody of him or by either parent if both have custody of him;

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1043 (Chapter 306, AB 35)ê

 

      (b) If neither parent has custody of him or if neither parent is living, by the person who has custody of him, including an officer or employee of the State or a county if the minor is in the legal custody of the State [;] or county;

      (c) If neither parent has custody of him or if neither is living and he has no custodian, by his employer; or

      (d) If neither parent has custody of him or if neither is living and he has no custodian or employer, by any responsible person who is willing to assume the obligation imposed under NRS 483.010 to 483.630, inclusive, upon a person signing the application of a minor.

      2.  Except as otherwise provided in NRS 41.0325, any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway is imputed to the person who has signed the application of the minor for a permit or license and that person is jointly and severally liable with the minor for any damages caused by such negligence or willful misconduct.

      Sec. 2.  NRS 41.0325 is hereby amended to read as follows:

      41.0325  No action may be commenced pursuant to subsection 2 of NRS 483.300 against the State , a county or an officer or employee of the State or a county for damages caused by the negligence or willful misconduct of a minor driver whose application for a driver’s license was signed by the officer or employee while the minor was in the legal custody of the State [.] or county.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 307, AB 188

Assembly Bill No. 188–Committee on Government Affairs

 

CHAPTER 307

 

AN ACT relating to public records; setting forth that certain databases which contain certain information provided to a governmental entity are confidential and not subject to disclosure or public inspection; providing certain exceptions; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 239B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section or by specific statute:

      (a) If a person or his agent provides the electronic mail address or telephone number of the person to a governmental entity for the purpose of or in the course of communicating with that governmental entity, the governmental entity may maintain the electronic mail address or telephone number in a database.

      (b) A database described in this subsection:

             (1) Is confidential;

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 1044 (Chapter 307, AB 188)ê

 

             (2) Is not a public book or record within the meaning of NRS 239.010; and

             (3) Must not be disclosed in its entirety as a single unit.

      2.  The individual electronic mail address or telephone number of a person is not confidential and may be disclosed individually in accordance with applicable law if the person or his agent provides the electronic mail address or telephone number to a governmental entity:

      (a) In the course of an existing business or contractual relationship with the governmental entity; or

      (b) In the course of seeking to establish a business or contractual relationship with the governmental entity, including, without limitation, in response to a request for proposals or invitation to bid from the governmental entity.

      3.  A governmental entity:

      (a) Shall disclose in its entirety as a single unit a database described in subsection 1 in response to an order issued by a court of competent jurisdiction; and

      (b) May disclose in its entirety as a single unit a database described in subsection 1 upon a finding by the governing body of the governmental entity that the disclosure of the database is necessary:

             (1) To protect the public safety; or

             (2) To assist in the investigation or prosecution of a crime.

      4.  The provisions of this section do not alter, limit or otherwise affect the operation of any statute or regulation of this State which provides greater or more stringent protections for the confidentiality of the electronic mail address or telephone number of a person.

      5.  As used in this section, “telephone number” includes, without limitation, the telephone number for a facsimile machine or telecopier.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 308, AB 210

Assembly Bill No. 210–Assemblymen Hogan, Giunchigliani, Oceguera, Ohrenschall, Parks, Arberry Jr., Atkinson, Buckley, Conklin, Denis, Gerhardt, Horne, Kirkpatrick, Koivisto, Leslie, Manendo, McClain, Munford, Parnell, Perkins and Smith

 

Joint Sponsors: Senators Titus and Carlton

 

CHAPTER 308

 

AN ACT relating to employment; encouraging the construction industry and women and members of certain minority groups to take active steps to include women and members of those groups in the construction industry; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

      Whereas, The men and women who work in the construction industry play a significant role in the growth of the economy of this State; and

      Whereas, The construction industry in this State is rapidly growing, and the career opportunities for the men and women who work in the construction industry are abundant; and

 


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      Whereas, Due to the rapid growth of the construction industry in this State, the men and women who work in the construction industry are paid wages that exceed the average wage in this State and have access to other excellent employment benefits; and

      Whereas, Women and members of certain minority groups are underrepresented in the construction industry as compared to their representation in the population of this State; and

      Whereas, These women and members of certain minority groups should have access to the excellent wages, benefits and career opportunities available to a person working in the construction industry; and

      Whereas, The construction industry will greatly benefit from the influx of trained women and members of certain minority groups into the construction industry; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  Women and members of certain minority groups should be encouraged to obtain the skills and experience necessary to work in the construction industry through employment, apprenticeship programs and training related to the construction industry.

      2.  The construction industry should take active steps to encourage women and members of certain minority groups to obtain the training and experience necessary to succeed in the construction industry.

      3.  Upon receiving the training and experience required to succeed in the construction industry, both women and members of certain minority groups and the construction industry will mutually benefit from the greater inclusion of women and members of these groups in the construction industry.

      Sec. 2.  The Director of the Legislative Counsel Bureau shall prepare and transmit a copy of this act to:

      1.  The various chambers of commerce, high school vocation programs, community colleges and trade schools in this State;

      2.  The Association of General Contractors, the Associated Builders and Contractors and any other similar organization representing the construction industry; and

      3.  Any labor organization which represents workers in the construction industry and any other similar organization representing workers in the construction industry.

________

 

CHAPTER 309, AB 388

Assembly Bill No. 388–Committee on Education

 

CHAPTER 309

 

AN ACT relating to education; changing the name of the State Board for Occupational Education to the State Board for Career and Technical Education; changing the term “occupational education” to “career and technical education”; requiring under certain circumstances that an advisory technical skills committee be appointed for a program of career and technical education in a school district; authorizing the Department of Education to provide grants, to the extent money is available, for distribution to school districts and charter schools for career and technical education; requiring a subcommittee of the Legislative Committee on Education to study career and technical high schools; requiring the Department of Education to conduct a public awareness campaign regarding career and technical high schools; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 1046 (Chapter 309, AB 388)ê

 

available, for distribution to school districts and charter schools for career and technical education; requiring a subcommittee of the Legislative Committee on Education to study career and technical high schools; requiring the Department of Education to conduct a public awareness campaign regarding career and technical high schools; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.010 is hereby amended to read as follows:

      385.010  1.  A Department of Education is hereby created.

      2.  The Department consists of the State Board of Education, the State Board for [Occupational] Career and Technical Education and the Superintendent of Public Instruction.

      3.  The Superintendent of Public Instruction is the executive head of the Department.

      Sec. 2.  NRS 387.050 is hereby amended to read as follows:

      387.050  1.  The State of Nevada accepts the provisions of, and all of the money provided by, the Vocational Education Act of 1963, and any amendments thereof or supplements thereto.

      2.  In addition to the provisions of subsection 1, the State Board for [Occupational] Career and Technical Education may accept, and adopt regulations or establish policies for the disbursement of, money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the program for [occupational] career and technical education.

      3.  In accepting the benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to comply with all of their provisions and to observe all of their requirements.

      4.  The State Treasurer is designated custodian of all money received by the State of Nevada from the appropriations made by the Acts of Congress referred to in subsections 1 and 2, and he may receive and provide for the proper custody thereof and make disbursements therefrom in the manner provided in the Acts and for the purposes therein specified on warrants of the State Controller issued upon the order of the Executive Officer of the State Board for [Occupational] Career and Technical Education.

      5.  On warrants of the State Controller issued upon the order of the Executive Officer of the State Board for [Occupational] Career and Technical Education pursuant to regulations or policies of the Board, the State Treasurer shall also pay out any money appropriated by the State of Nevada to carry out the provisions of this section.

      Sec. 3.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the board of trustees of a school district has established a program of career and technical education pursuant to NRS 388.380 and to the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district shall appoint an advisory technical skills committee consisting of:

      (a) Representatives of businesses and industries in the community;

 


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ê2005 Statutes of Nevada, Page 1047 (Chapter 309, AB 388)ê

 

      (b) Employees of the school district who possess knowledge and experience in career and technical education;

      (c) Pupils enrolled in public schools in the school district;

      (d) Parents and legal guardians of pupils enrolled in public schools in the school district;

      (e) To the extent practicable, representatives of postsecondary educational institutions that provide career and technical education; and

      (f) Other interested persons.

      2.  An advisory technical skills committee established pursuant to subsection 1 shall:

      (a) Review the curriculum, design, content and operation of the program of career and technical education to determine its effectiveness in:

             (1) Preparing pupils enrolled in the program to enter the workforce and meeting the needs of supplying an appropriately trained workforce to businesses and industries in the community; and

             (2) Complying with the provisions of NRS 388.330 to 388.400, inclusive, and any regulations adopted pursuant thereto.

      (b) Advise the school district regarding the curriculum, design, content, operation and effectiveness of the program of career and technical education.

      (c) Provide technical assistance to the school district in designing and revising as necessary the curriculum for the program of career and technical education.

      (d) In cooperation with businesses, industries, employer associations and employee organizations in the community, develop work-based experiences for pupils enrolled in the program of career and technical education. The work-based experiences must:

             (1) Be designed:

                   (I) For pupils enrolled in grades 11 and 12, but may be offered to pupils enrolled in grades 9 and 10 upon the approval of the principal of the school where the program is offered.

                   (II) To prepare and train pupils to work as apprentices in business settings.

             (2) Allow a pupil to earn academic credit for the work-based experience.

      (e) Meet at least three times each calendar year.

      (f) Provide to the superintendent of schools of the school district any recommendations regarding the program of career and technical education and any actions of the committee.

      (g) Comply with the provisions of chapter 241 of NRS.

      3.  The members of an advisory technical skills committee serve without compensation.

      Sec. 4.  NRS 388.330 is hereby amended to read as follows:

      388.330  The State Board for [Occupational] Career and Technical Education consists of the members of the State Board of Education.

      Sec. 5.  NRS 388.340 is hereby amended to read as follows:

      388.340  1.  The Superintendent of Public Instruction shall serve as Executive Officer of the State Board for [Occupational] Career and Technical Education.

      2.  The Executive Officer shall:

 


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ê2005 Statutes of Nevada, Page 1048 (Chapter 309, AB 388)ê

 

      (a) Employ personnel for such positions as are approved by the State Board for [Occupational] Career and Technical Education and necessary to carry out properly the provisions of this title relating to [occupational] career and technical education.

      (b) Carry into effect the regulations of the State Board for [Occupational] Career and Technical Education.

      (c) Maintain an office for the Board.

      (d) Keep all records of the Board in the office of the Board.

      Sec. 6.  NRS 388.350 is hereby amended to read as follows:

      388.350  The State Board for [Occupational] Career and Technical Education may hold at least four meetings regularly in each year at the State Capital, coincident with the meetings of the State Board of Education.

      Sec. 7.  NRS 388.360 is hereby amended to read as follows:

      388.360  The State Board for [Occupational] Career and Technical Education may:

      1.  Cooperate with any federal agency, board or department designated to administer the Acts of Congress apportioning federal money to the State of Nevada for [occupational] career and technical education.

      2.  Establish policies and adopt regulations for the administration of any legislation enacted pursuant thereto by the State of Nevada.

      3.  Establish policies and adopt regulations for the administration of money provided by the Federal Government and the State of Nevada for the promotion, extension and improvement of [occupational] career and technical education in Nevada.

      4.  Establish policies or regulations and formulate plans for the promotion of [occupational] career and technical education in such subjects as are an essential and integral part of the system of public education in the State of Nevada.

      5.  Establish policies to provide for the preparation of teachers of such programs and subjects.

      6.  Approve positions for such persons as may be necessary to administer the federal act and provisions of this title enacted pursuant thereto for the State of Nevada.

      7.  Direct its Executive Officer to make studies and investigations relating to [occupational] career and technical education.

      8.  Establish policies to promote and aid in the establishment by local communities of schools, departments or classes giving training in [occupational] career and technical subjects.

      9.  Cooperate with local communities in the maintenance of such schools, departments or classes.

      10.  Prescribe qualifications for the teachers, directors and supervisors of [occupational] career and technical subjects.

      11.  Provide for the certification of such teachers, directors and supervisors.

      12.  Establish policies or regulations to cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors and supervisors of [occupational] career and technical subjects, or maintain such classes under its own direction and control.

      13.  Establish by regulation the qualifications required for persons engaged in the training of [occupational teachers.] teachers for career and technical education.

 


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ê2005 Statutes of Nevada, Page 1049 (Chapter 309, AB 388)ê

 

      Sec. 8.  NRS 388.365 is hereby amended to read as follows:

      388.365  1.  All gifts of money which the State Board for [Occupational] Career and Technical Education is authorized to accept must be deposited in a permanent trust fund in the State Treasury designated as the Gift Fund for [Occupational] Career and Technical Education.

      2.  The money available in the Fund must be used only for the purpose specified by the donor, within the scope of the Board’s powers and duties. The Board may adopt regulations or establish policies for the disbursement of money from the Fund in accordance with the terms of the gift or bequest on warrants of the State Controller issued upon the orders of the Executive Officer of the State Board for [Occupational] Career and Technical Education. Any expenditures pursuant to this section may include matching state and federal money available for [occupational] career and technical education.

      3.  If all or part of the money accepted by the Board from a donor is not expended before the end of the fiscal year in which the gift was accepted, the remaining balance of the amount donated must remain in the Fund until needed for the purpose specified by the donor.

      Sec. 9.  NRS 388.370 is hereby amended to read as follows:

      388.370  The Executive Officer of the State Board for [Occupational] Career and Technical Education shall make a report biennially to the Governor.

      Sec. 10.  NRS 388.380 is hereby amended to read as follows:

      388.380  1.  Except as otherwise provided in subsection [2,] 3, the board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:

      (a) Establish and maintain [occupational schools or classes] a program of career and technical education giving instruction in the subjects approved by the State Board for [Occupational] Career and Technical Education.

      (b) Raise and expend money for the establishment and maintenance of [occupational schools or classes.] a program of career and technical education.

      2.  A pupil who successfully completes a program of career and technical education and who otherwise satisfies the requirements for graduation from high school must be awarded a high school diploma with an endorsement indicating that the pupil has successfully completed the program of career and technical education. The provisions of this subsection do not preclude a pupil from receiving more than one endorsement on his diploma, if applicable.

      3.  The board of trustees of each school district shall incorporate into the curriculum:

      (a) [Occupational guidance] Guidance and counseling in career and technical education in accordance with NRS 389.180; and

      (b) Technology.

      4.  The State Board for Career and Technical Education shall adopt regulations prescribing the endorsement of career and technical education for a high school diploma.

      Sec. 11.  NRS 388.390 is hereby amended to read as follows:

      388.390  If the board of trustees of a school district or the governing body of a charter school organizes a [school or classes for occupational] program of career and technical education in accordance with the regulations adopted by the State Board for [Occupational] Career and Technical Education and the [school or classes have] program has been approved by the Executive Officer of the [State Board for Occupational Education,] Board, the school district or the charter school is entitled to share in federal and state money available for the promotion of [occupational] career and technical education in the amount determined by the Executive Officer of the [State Board for Occupational Education,] Board, in accordance with the regulations and policies of the Board.

 


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ê2005 Statutes of Nevada, Page 1050 (Chapter 309, AB 388)ê

 

regulations adopted by the State Board for [Occupational] Career and Technical Education and the [school or classes have] program has been approved by the Executive Officer of the [State Board for Occupational Education,] Board, the school district or the charter school is entitled to share in federal and state money available for the promotion of [occupational] career and technical education in the amount determined by the Executive Officer of the [State Board for Occupational Education,] Board, in accordance with the regulations and policies of the Board.

      Sec. 12.  NRS 388.400 is hereby amended to read as follows:

      388.400  1.  The money for [occupational] career and technical education must be provided for and raised in the manner specified in NRS 387.050 and 388.330 to 388.400, inclusive [.] , and section 3 of this act.

      2.  The State Treasurer is the custodian of the money and shall make disbursements therefrom on warrants of the State Controller issued upon the order of the Executive Officer of the State Board for [Occupational] Career and Technical Education.

      Sec. 13.  NRS 388.537 is hereby amended to read as follows:

      388.537  1.  The board of trustees of a school district may, subject to the approval of the State Board, operate an alternative program for the education of pupils at risk of dropping out of high school, including pupils who:

      (a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;

      (b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;

      (c) Are chronically absent from high school; or

      (d) Require instruction on a more personal basis than that regularly provided in high school.

      2.  An alternative program may include:

      (a) A shorter school day, and an opportunity for pupils to attend a longer school day, than that regularly provided in high school.

      (b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.

      (c) A comprehensive curriculum that includes elective classes of instruction and [occupational] career and technical education.

      (d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.

      (e) An opportunity for pupils to satisfy either:

             (1) The requirements for a regular high school diploma; or

             (2) The requirements for a high school diploma for adults.

      (f) The provision of child care for the children of pupils.

      (g) The transportation of pupils to and from classes of instruction.

      (h) The temporary placement of pupils for independent study, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.

      3.  The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 14.  NRS 388.575 is hereby amended to read as follows:

      388.575  1.  The Department of Education, after consulting with the Department of Corrections, shall:

 


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ê2005 Statutes of Nevada, Page 1051 (Chapter 309, AB 388)ê

 

      (a) Adopt regulations that establish a statewide program of education for incarcerated persons; and

      (b) Coordinate with and assist school districts in operating programs of education for incarcerated persons.

      2.  The statewide program may include courses of study for:

      (a) A high school diploma;

      (b) Basic literacy;

      (c) English as a second language;

      (d) General educational development;

      (e) Life skills;

      (f) [Occupational] Career and technical education; and

      (g) Postsecondary education.

      3.  The statewide program does not include the programs of general education, vocational education and training established by the Board of State Prison Commissioners pursuant to NRS 209.389.

      4.  The statewide program must establish:

      (a) Standards for each course of study that set forth the:

             (1) Curriculum;

             (2) Qualifications for entry; and

             (3) Evaluation of incarcerated persons for placement; and

      (b) Procedures to ensure that an incarcerated person who earns credits in a program of education for incarcerated persons operated by a school district at a facility or institution shall, if transferred to a different facility or institution, transfer those credits to the program operated by a school district at that facility or institution.

      5.  As used in this section, “general educational development” means preparation for and administration of the standardized examinations that enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which denotes competency in core curriculum. The term includes programs for obtaining a general educational development certificate.

      Sec. 15.  NRS 388.635 is hereby amended to read as follows:

      388.635  Each center shall provide:

      1.  Counseling services specifically designed for the counseling of a displaced homemaker with respect to appropriate employment, including:

      (a) Assessment of his skills;

      (b) Clarification of his employment goals and information regarding the availability of various types of employment;

      (c) The development of a personal plan for a career; and

      (d) Referrals to public and private programs of training and placement.

      2.  Courses of instruction to assist a displaced homemaker in seeking and retaining employment, including instruction in:

      (a) The initial steps in seeking employment;

      (b) Skills for contacting employers;

      (c) The proper completion of applications for employment;

      (d) Writing resumes;

      (e) Skills for effective interviewing;

      (f) The importance of a positive attitude and appropriate work habits;

      (g) Skills for effective communication;

      (h) Appropriate conduct in an office; and

      (i) Resolving conflicts involving work and family.

 


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ê2005 Statutes of Nevada, Page 1052 (Chapter 309, AB 388)ê

 

      3.  Weekly meetings to allow the displaced homemakers it serves to share information regarding employment and to discuss their concerns regarding seeking and retaining employment.

      4.  Educational and counseling services relating to health and health care, including education about obtaining and paying for health care and related services, particularly about selecting physicians and others who provide the services, including health maintenance organizations and health insurance.

      5.  Services relating to financial management, including information about insurance, taxes, estates and probate, mortgages, loans and other related financial matters.

      6.  Referrals of displaced homemakers to appropriate agencies in the community which provide:

      (a) Assistance to persons addicted to alcohol or drugs;

      (b) Personal counseling;

      (c) Legal assistance;

      (d) Child care; and

      (e) Programs of secondary and postsecondary education, including programs for [occupational] career and technical education, English as a second language and improving reading ability.

      Sec. 16.  NRS 392.455 is hereby amended to read as follows:

      392.455  1.  If a school district or a charter school has established [classes in occupational] a program in career and technical education, the teachers and pupils in [those] classes provided pursuant to the program must wear devices provided by the school district or the charter school which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.

      2.  The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.

      Sec. 17.  NRS 277.065 is hereby amended to read as follows:

      277.065  1.  Within the limits of legislative appropriations, the Department of Education, the county school districts of the various counties of the State, the Nevada Youth Training Center Bureau and the Caliente Youth Center Bureau of the Division of Child and Family Services of the Department of Human Resources and any other state facility for the detention of children that is operated pursuant to title 5 of NRS may enter into cooperative arrangements for improving the quality of the academic and [occupational] career and technical education provided at the Nevada Youth Training Center, the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      2.  This authorization includes the right to pay over money appropriated to the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS to the Department of Education or to a county school district when necessary to accomplish the purpose of this section.

      Sec. 18.  NRS 435.300 is hereby amended to read as follows:

      435.300  1.  No center may receive aid under the provisions of NRS 435.130 to 435.320, inclusive, for persons enrolled who would otherwise qualify for care or training under a program offered to the mentally or functionally retarded in the school district in which that person lives or by the county where he lives.

 


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ê2005 Statutes of Nevada, Page 1053 (Chapter 309, AB 388)ê

 

      2.  The provisions of subsection 1 do not preclude aid on account of persons who are receiving [occupational] career and technical education at any center in conjunction with a school’s program of special education.

      Sec. 19.  NRS 563.030 is hereby amended to read as follows:

      563.030  1.  One member of the Board must be a member of the teaching staff of the College of Agriculture of the University of Nevada, Reno;

      2.  One member of the Board must be a member of the staff of the Agricultural Extension Department of the Public Service Division of the University and Community College System of Nevada;

      3.  One member of the Board must be a member of the staff of the State Board for [Occupational] Career and Technical Education; and

      4.  Four members of the Board must be persons concerned with the raising and improving of livestock in the State of Nevada, not necessarily stock raisers, selected as follows:

      (a) Two persons whose interest is in cattle and sheep;

      (b) One person whose interest is in horses; and

      (c) One person whose interest is in dairying.

Ê All members must be residents of the State of Nevada.

      Sec. 20.  NRS 610.030 is hereby amended to read as follows:

      610.030  1.  A State Apprenticeship Council composed of seven members is hereby created.

      2.  The Labor Commissioner shall appoint:

      (a) Three members who are representatives from employer associations and have knowledge concerning occupations in which a person may be apprenticed.

      (b) Three members who are representatives from employee organizations and have knowledge concerning occupations in which a person may be apprenticed.

      (c) One member who is a representative of the general public and who, before his appointment, must first receive the unanimous approval of the members appointed under the provisions of paragraphs (a) and (b).

      3.  The state official who has been designated by the State Board for [Occupational] Career and Technical Education as being in charge of trade and industrial education is an ex officio member of the State Apprenticeship Council but may not vote.

      Sec. 21.  NRS 632.2856 is hereby amended to read as follows:

      632.2856  1.  The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting.

      2.  Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

      (a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

      (b) Proof of successful completion of training for instructors which has been approved by the Board.

Ê The Board may approve a licensed practical nurse as an instructor if the Board determines that requiring instruction by a registered nurse would create a hardship.

      3.  Upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis.

 


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ê2005 Statutes of Nevada, Page 1054 (Chapter 309, AB 388)ê

 

a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.

      4.  In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.

      5.  The Board shall adopt regulations not inconsistent with law:

      (a) Specifying the scope of the training program and the required components of the program;

      (b) Establishing standards for the approval of programs and instructors; and

      (c) Designating the basic nursing services which a nursing assistant may provide upon certification.

      6.  Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the Board, and is approved by the Board. Such a program must be administered through:

      (a) The University and Community College System of Nevada;

      (b) A program for [occupational] career and technical education approved by the State Board for [Occupational] Career and Technical Education;

      (c) A public school in this State; or

      (d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

      7.  An educational institution or agency that administers a training program shall:

      (a) Develop or approve the curriculum for training provided in its service district;

      (b) Manage the training program; and

      (c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).

      Sec. 22.  1.  To the extent that money is available from this State or the Federal Government, the Department of Education may provide grants of money to school districts and charter schools to establish advisory technical skills committees and to establish, maintain and expand programs of career and technical education. If the Department provides grants of money pursuant to this section, the Department shall:

      (a) Establish criteria for grants of money to school districts and charter schools pursuant to this section;

      (b) Make determinations regarding the grants of money based upon recommendations of the advisory technical skills committee established by the school district or charter school, if applicable; and

      (c) Allocate available money to school districts and charter schools based upon the total unduplicated enrollment of pupils in all career and technical education classes in that school district or charter school during the immediately preceding school year. Notwithstanding the provisions of this paragraph, the Department may establish a minimum allocation for a school district located in a county whose population is less than 50,000.

      2.  To the extent that money is available for grants of money pursuant to this section, the board of trustees of a school district or the governing body of a charter school may submit an application to the Department of Education on a form provided by the Department.

 


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ê2005 Statutes of Nevada, Page 1055 (Chapter 309, AB 388)ê

 

a charter school may submit an application to the Department of Education on a form provided by the Department.

      3.  Upon receipt of such an application, the Department of Education shall review the application to determine whether it is complete and meets the criteria established pursuant to paragraph (a) of subsection 1 and provide a grant of money to the board of trustees of the school district or the governing body of the charter school, as applicable.

      4.  The board of trustees of a school district or the governing body of a charter school that receives a grant of money pursuant to this section shall:

      (a) Use the money to establish an advisory technical skills committee and to establish, maintain and expand programs of career and technical education;

      (b) Use the money to supplement and not replace the money that the school district or charter school would otherwise expend for the establishment of an advisory technical skills committee and for the establishment, maintenance and expansion of programs of career and technical education.

      (c) Evaluate the effectiveness of the advisory technical skills committee and the program of career and technical education and submit a report to the Department of Education on or before December 1, 2006.

      5.  The Department of Education shall compile the reports received pursuant to paragraph (c) of subsection 4 and submit the compilation to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Legislature.

      Sec. 23.  1.  The Chairman of the Legislative Committee on Education shall appoint a subcommittee of the members of the Committee to study the effectiveness of career and technical high schools in this State.

      2.  The subcommittee appointed pursuant to subsection 1 shall:

      (a) Determine the number of school districts in this State that include at least one high school designated as a career and technical high school that provides a program of career and technical education for pupils enrolled in grades 9 to 12, inclusive.

      (b) Determine the number of pupils enrolled in each career and technical high school, identified by school district.

      (c) Determine the success of each career and technical high school in this State, including, without limitation, a determination of whether each career and technical high school operated by a school district increases within the school district:

             (1) The graduation rate from high school; and

             (2) The percentage of pupils who remain enrolled in high school.

      (d) Identify effective practices carried out by school districts regarding the development, enrollment and operation of career and technical high schools and the feasibility of carrying out those practices statewide.

      (e) Identify the need, if any, for expanding the availability of career and technical high schools in this State.

      3.  The subcommittee appointed pursuant to subsection 1 shall submit a report of its findings and any recommendations for legislation to the Legislative Committee on Education on or before August 1, 2006. The Legislative Committee on Education shall consider the recommendations of the subcommittee and on or before February 1, 2007, submit the report of the subcommittee to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

 


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ê2005 Statutes of Nevada, Page 1056 (Chapter 309, AB 388)ê

 

      Sec. 24.  The Department of Education shall develop and carry out a public awareness campaign that is designed to increase the public’s awareness and knowledge of the availability and success of career and technical high schools within this State.

      Sec. 25.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:

      (a) “State Board for Occupational Education” to “State Board for Career and Technical Education”; and

      (b) Any other agency or any officer whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act refer to the appropriate agency or officer.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:

      (a) “State Board for Occupational Education” to “State Board for Career and Technical Education”; and

      (b) Any other agency or any officer whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act refer to the appropriate agency or officer.

      Sec. 26.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 310, AB 465

Assembly Bill No. 465–Committee on Judiciary

 

CHAPTER 310

 

AN ACT relating to controlled substances; prohibiting a person from allowing a child to be present in any conveyance or upon any premises wherein certain crimes involving controlled substances other than marijuana are committed; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not intentionally allow a child to be present in any conveyance or upon any premises wherein a controlled substance other than marijuana:

      (a) Is being used in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity;

      (b) Is being sold, exchanged, bartered, supplied, prescribed, dispensed, given away or administered in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity; or

      (c) Is being or has been manufactured or compounded in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity.

 


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ê2005 Statutes of Nevada, Page 1057 (Chapter 310, AB 465)ê

 

manner knowingly engages in or conspires with, aids or abets another person to engage in such activity.

      2.  Unless a greater penalty is provided by specific statute:

      (a) A person who violates the provisions of paragraph (a) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, 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 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      (b) A person who violates the provisions of paragraph (b) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, 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 3 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not more than $10,000.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, 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 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      (c) A person who violates the provisions of paragraph (c) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, 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 5 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $15,000.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category A felony and shall be punished by imprisonment in the state prison:

                   (I) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

                   (II) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and shall be further punished by a fine of not more than $50,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      3.  Except as otherwise provided in NRS 453.3363, the court shall not grant probation to or suspend the sentence of a person convicted pursuant to this section.

 


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ê2005 Statutes of Nevada, Page 1058 (Chapter 310, AB 465)ê

 

      4.  As used in this section:

      (a) “Child” means a person who is less than 18 years of age.

      (b) “Conveyance” means any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car, or other means of conveyance.

      (c) “Premises” means any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent, whether located aboveground or underground and whether inhabited or not.

      Sec. 2.  NRS 453.3351 is hereby amended to read as follows:

      453.3351  1.  Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322, 453.3385 or 453.3395 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:

      (a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the University and Community College System of Nevada, playground, public park, public swimming pool or recreational center for youths; or

      (b) [In the presence of a person who is less than 18 years of age; or

      (c)] In a manner which creates a great risk of death or substantial bodily harm to another person,

Ê shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” has the meaning ascribed to it in NRS 453.3345.

      (b) “Recreational center for youths” has the meaning ascribed to it in NRS 453.3345.

      (c) “Residence” means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.

      Sec. 3.  NRS 453.3363 is hereby amended to read as follows:

      453.3363  1.  If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, nolo contendere or similar plea to a charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351 [,] or subparagraph (1) of paragraph (a) of subsection 2 of section 1 of this act, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

 


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ê2005 Statutes of Nevada, Page 1059 (Chapter 310, AB 465)ê

 

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the Department of Corrections.

      3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      4.  Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

      5.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.

      Sec. 4.  NRS 200.010 is hereby amended to read as follows:

      200.010  Murder is the unlawful killing of a human being [, with] :

      1.  With malice aforethought, either express or implied [, or caused] ;

      2.  Caused by a controlled substance which was sold, given, traded or otherwise made available to a person in violation of chapter 453 of NRS [.] ; or

      3.  Caused by a violation of section 1 of this act.

Ê The unlawful killing may be effected by any of the various means by which death may be occasioned.

      Sec. 5.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this State of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,

Ê is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

 


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ê2005 Statutes of Nevada, Page 1060 (Chapter 310, AB 465)ê

 

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795 [.] or section 1 of this act.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

________

 

CHAPTER 311, SB 118

Senate Bill No. 118–Senator Nolan

 

Joint Sponsor: Assemblyman Atkinson

 

CHAPTER 311

 

AN ACT relating to county coroners; authorizing a board of county commissioners to create an account for the support of the office of the county coroner; increasing the fee to obtain a certified copy of a death certificate originating in that county if the board of county commissioners creates such an account to provide financial support for the office of the county coroner; authorizing county coroners to use the money generated by the fee; requiring a pharmacist to divulge certain prescription information to a county coroner, medical examiner or investigator employed by an office of the county coroner under certain circumstances; continuing the authority of juvenile courts to conduct programs of visitation of delinquent children to the offices of county coroners; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a board of county commissioners creates an account for the support of the county coroner pursuant to section 5 of this act, a district health officer who provides a certified copy of a record of death originating in that county shall charge and collect, in addition to any other fee therefor, the sum of $1 for the support of the office of the county coroner created pursuant to NRS 244.163.

 


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ê2005 Statutes of Nevada, Page 1061 (Chapter 311, SB 118)ê

 

therefor, the sum of $1 for the support of the office of the county coroner created pursuant to NRS 244.163.

      2.  The district health officer shall remit any money collected pursuant to this section to the county treasurer of the county in which the certificate originates for credit to the account for the support of the office of the county coroner created pursuant to section 5 of this act.

      Sec. 2.  NRS 440.690 is hereby amended to read as follows:

      440.690  1.  The State Registrar shall keep a true and correct account of all fees received under this chapter.

      2.  The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Children’s Trust Account. The money collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account. Any money collected pursuant to subsection 4 of NRS 440.700 must be remitted by the State Registrar to the county treasurers of the various participating counties for credit to their accounts for the support of the offices of the county coroners created pursuant to section 5 of this act. Any other proceeds accruing to the State of Nevada under the provisions of this chapter must be forwarded to the State Treasurer for deposit in the State General Fund.

      3.  Upon the approval of the State Board of Examiners and pursuant to its regulations, the Health Division may maintain an account in a bank or credit union for the purpose of refunding overpayments of fees for vital statistics.

      Sec. 3.  NRS 440.700 is hereby amended to read as follows:

      440.700  1.  The State Registrar shall charge and collect the following fees:

 

For searching the files for one name, if no copy is made.................... $8

For verifying a vital record........................................................................... 8

For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record.............................................................................................. 20

For a certified copy of a record of birth.................................................. 13

For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to section 5 of this act     10

For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to section 5 of this act   11

For correcting a record on file with the State Registrar and providing a certified copy of the corrected record   20

For replacing a record on file with the State Registrar and providing a certified copy of the new record              20

For filing a delayed certificate of birth and providing a certified copy of the certificate          20

For the services of a Notary Public, provided by the State Registrar... 2

 


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ê2005 Statutes of Nevada, Page 1062 (Chapter 311, SB 118)ê

 

For an index of records of marriage provided on microfiche to a person other than a county recorder of a county of this State................................................................................................... $200

For an index of records of divorce provided on microfiche to a person other than a county recorder of a county in this State      100

For compiling data files which require specific changes in computer programming  200

 

      2.  The fee collected for furnishing a copy of a certificate of birth or death includes the sum of $3 for credit to the Children’s Trust Account.

      3.  The fee collected for furnishing a copy of a certificate of death includes the sum of $1 for credit to the Review of Death of Children Account.

      4.  The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to section 5 of this act includes the sum of $1 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.

      5.  Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.

      [5.] 6.  The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.

      Sec. 4.  NRS 244.163 is hereby amended to read as follows:

      244.163  1.  The boards of county commissioners in their respective counties may create by ordinance the office of the county coroner, prescribe his qualifications and duties and make appointments to the office.

      2.  Any coroner so appointed is governed by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of NRS 259.150 to 259.180, inclusive [.] , and section 5 of this act.

      3.  The boards of county commissioners shall require that the county coroner notify a decedent’s next of kin without unreasonable delay.

      4.  For any offense relating to the violation or willful disregard of such duties or trusts of office as may be specified by the respective boards of county commissioners, all coroners holding office by appointment pursuant to this section are subject to such fines and criminal penalties, including misdemeanor penalties and removal from office by indictment, accusation or otherwise, as the ordinance prescribes. This subsection applies to all deputies, agents, employees and other persons employed by or exercising the powers and functions of the coroner.

      Sec. 5.  Chapter 259 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners of each county may create in the county general fund an account for the support of the office of the county coroner. The county treasurer shall deposit in that account the money received from:

 


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ê2005 Statutes of Nevada, Page 1063 (Chapter 311, SB 118)ê

 

      (a) The State Registrar of Vital Statistics pursuant to NRS 440.690; and

      (b) A district health officer pursuant to section 1 of this act.

      2.  The money in the account must be accounted for separately and not as a part of any other account.

      3.  The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

      4.  Claims against the account must be paid as other claims against the county are paid.

      5.  Except as otherwise provided in subsection 8, the county coroner may use the money in the account to pay expenses relating to:

      (a) A youth program involving the office of the county coroner, including, without limitation, a program of visitation established pursuant to NRS 62E.720;

      (b) Training for a member of the staff of the office of the county coroner;

      (c) Training an ex officio coroner and his deputies on the investigation of deaths; and

      (d) The purchase of specialized equipment for the office of the county coroner.

      6.  Any money remaining in the account at the end of any fiscal year does not revert to the county general fund and must be carried forward to the next fiscal year.

      7.  Before the end of each fiscal year:

      (a) The board of county commissioners of each county that constitutes a coroner’s district pursuant to NRS 259.010 and which has created an account for the support of the office of the county coroner pursuant to subsection 1 shall designate the office of a county coroner created pursuant to NRS 244.163 to receive the money in the account.

      (b) The county treasurer of each county that constitutes a coroner’s district pursuant to NRS 259.010 and for which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to subsection 1 shall transfer all money in the account to the county treasurer of the county in which the office of the county coroner designated pursuant to paragraph (a) is established.

      (c) The county treasurer of the county in which the office of the county coroner designated pursuant to paragraph (a) is established shall:

             (1) Deposit all the money received pursuant to paragraph (b) into the account created in that county pursuant to subsection 1; and

             (2) Account for the money received from each county in separate subaccounts.

      8.  The office of the county coroner designated to receive money pursuant to subsection 7 may only use the money in each subaccount and any interest attributable to that money to pay expenses which are incurred in the county from which the money was transferred and which relate to the training of an ex officio coroner and his deputies on the investigation of deaths.

      Sec. 6.  NRS 259.010 is hereby amended to read as follows:

      259.010  1.  Every county in this State constitutes a coroner’s district, except a county where a coroner is appointed pursuant to the provisions of NRS 244.163.

 


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ê2005 Statutes of Nevada, Page 1064 (Chapter 311, SB 118)ê

 

      2.  The provisions of this chapter, except NRS 259.150 to 259.180, inclusive, and section 5 of this act do not apply to any county where a coroner is appointed pursuant to the provisions of NRS 244.163.

      Sec. 7.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued;

      (b) The practitioner who originally issued the prescription;

      (c) A practitioner who is then treating the patient;

      (d) A member, inspector or investigator of the Board or an inspector of the Food and Drug Administration or an agent of the Investigation Division of the Department of Public Safety;

      (e) An agency of state government charged with the responsibility of providing medical care for the patient;

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information;

      (g) Any person authorized by an order of a district court;

      (h) Any member, inspector or investigator of a professional licensing board which licenses a practitioner who orders prescriptions filled at the pharmacy;

      (i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:

             (1) Misusing prescriptions to obtain excessive amounts of drugs; or

             (2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person; or

      (j) A peace officer employed by a local government for the limited purpose of and to the extent necessary:

             (1) For the investigation of an alleged crime reported by an employee of the pharmacy where the crime was committed; or

             (2) To carry out a search warrant or subpoena issued pursuant to a court order.

      (k) A county coroner, medical examiner or investigator employed by an office of a county coroner for the purpose of:

             (1) Identifying a deceased person;

             (2) Determining a cause of death; or

             (3) Performing other duties authorized by law.

      2.  Any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is issued to a county coroner, medical examiner or investigator employed by an office of a county coroner must be limited to a copy of the prescription filled or on file for:

      (a) The person whose name is on the container of the controlled substance or dangerous drug that is found on or near the body of a deceased person; or

      (b) The deceased person whose cause of death is being determined.

      3.  Any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face “Copy, Not Refillable—For Reference Purposes Only.”

 


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ê2005 Statutes of Nevada, Page 1065 (Chapter 311, SB 118)ê

 

Refillable—For Reference Purposes Only.” The copy must bear the name or initials of the registered pharmacist who prepared the copy.

      [3.] 4.  If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      [4.] 5.  If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.

      [5.] 6.  As used in this section, “peace officer” does not include:

      (a) A member of the Police Department of the University and Community College System of Nevada.

      (b) A school police officer who is appointed or employed pursuant to NRS 391.100.

      Sec. 8.  Section 384 of chapter 206, Statutes of Nevada 2003, at page 1162, is hereby amended to read as follows:

      Sec. 384.  1.  This section and sections 1 to 324, inclusive, and 326 to 383, inclusive, of this act become effective on January 1, 2004.

      2.  [Section 164 of this act expires by limitation on October 1, 2005.

      3.]  Section 324 of this act expires by limitation on June 30, 2009.

      [4.] 3.  Section 325 of this act becomes effective on July 1, 2009.

________

 

CHAPTER 312, SB 328

Senate Bill No. 328–Committee on Finance

 

CHAPTER 312

 

AN ACT relating to public retirement systems; eliminating the requirement that judgments, decrees or orders relating to child support, alimony or the disposition of community property submitted to the Executive Officer of the Public Employees’ Retirement System include social security numbers; providing for certain children of deceased members of the Public Employees’ Retirement System or the Judicial Retirement Plan to continue receiving monthly survivors’ benefits after the children reach the age of 18 years; providing for the reinstatement of monthly survivors’ benefits to those children who return to full-time student status; specifying that certain justices of the Supreme Court and certain district court judges will remain members of the Public Employees’ Retirement System unless they withdraw from the System in writing; directing the Administrative Office of the Courts to conduct an interim study concerning the salaries paid to justices, judges and judicial officers and the contributions paid to the Judicial Retirement Fund; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 


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ê2005 Statutes of Nevada, Page 1066 (Chapter 312, SB 328)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.6703 is hereby amended to read as follows:

      286.6703  1.  A person may submit a judgment, decree or order of a district court or the Supreme Court of the State of Nevada relating to child support, alimony or the disposition of community property to the Executive Officer or his designee for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the System all or a portion of the allowance or benefit of a member or a retired employee.

      2.  The judgment, decree or order submitted to the Executive Officer must be signed by a district judge or by the justices of the Supreme Court and entered and certified by the clerk of the district court or the Clerk of the Supreme Court.

      3.  The Executive Officer or his designee shall, in accordance with rules prescribed by the Board, determine whether the judgment, decree or order entitles the alternate payee to receive an allowance or benefit from the System. An alternate payee is entitled to receive an allowance or benefit from the System if the judgment, decree or order:

      (a) Specifies clearly the names [, social security numbers] and last known mailing addresses, if any, of the member or retired employee and the alternate payee;

      (b) Specifies clearly the amount, percentage or manner of determining the amount of the allowance or benefit of the member or retired employee that must be paid by the System to each alternate payee;

      (c) Specifically directs the System to pay an allowance or benefit to the alternate payee;

      (d) Does not require the System to provide an allowance or benefit or any option not otherwise provided under this chapter; and

      (e) Does not require the payment of an allowance or benefit to an alternate payee before the retirement of a member or the distribution to or withdrawal of contributions by a member.

      4.  For purposes of this subsection, “alternate payee” means a spouse, former spouse, child or other dependent of a member or retired employee who, pursuant to a judgment, decree or order relating to child support, alimony or the disposition of community property, is entitled to receive all or a portion of the allowance or benefit of a member or retired member from the System.

      Sec. 2.  NRS 286.673 is hereby amended to read as follows:

      286.673  1.  Except as limited by NRS 286.6775, each child of a deceased member is entitled to receive a cumulative benefit of at least $400 per month, beginning on the first day of the month following the member’s death.

      2.  [Except as otherwise provided in subsections 3 and 4, payments] Payments to any child cease on the last day of the month of:

      (a) His adoption;

      (b) His death;

      (c) His marriage; or

      (d) [His] Except as otherwise provided in subsection 3, 4 or 5, his attaining the age of 18 years.

      3.  [These] Except as otherwise provided in subsection 4, these benefits may be paid to the child of a deceased member until the last day of the month of his 23rd birthday if , [he was,] at the time [of the member’s death,] that he attains 18 years, he is, and continues thereafter to be, a full-time student in any accredited:

 


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ê2005 Statutes of Nevada, Page 1067 (Chapter 312, SB 328)ê

 

month of his 23rd birthday if , [he was,] at the time [of the member’s death,] that he attains 18 years, he is, and continues thereafter to be, a full-time student in any accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      4.  If the Board ceases the payment of benefits to a child of a deceased member who received benefits pursuant to subsection 3 because the child ceased being a full-time student, the Board may resume the payment of such benefits until the last day of the month of the child’s 23rd birthday if the child returns to full-time status at an accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      5.  These benefits may be commenced or extended indefinitely beyond a child’s 18th birthday if and so long as he is determined by the System to be:

      (a) Financially dependent; and

      (b) Physically or mentally incompetent.

      [5.] 6.  All benefits under this section may be paid by the System to the child’s:

      (a) Surviving parent; or

      (b) Legal guardian.

      [6.] 7.  The Board shall establish uniform standards and procedures for determining whether a child is:

      (a) A full-time student;

      (b) Financially dependent; and

      (c) Physically or mentally incompetent.

      Sec. 3.  NRS 1A.270 is hereby amended to read as follows:

      1A.270  1.  Each justice of the Supreme Court or district judge who is elected or appointed as a justice of the Supreme Court or a district judge on or after November 5, 2002, who takes office on or after January 1, 2003, and who previously has not served as either a justice of the Supreme Court or a district judge must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan, unless he is a member of the Public Employees’ Retirement System . [and elects to] If he is a member of the Public Employees’ Retirement System, he will remain a member unless he withdraws from the Public Employees’ Retirement System pursuant to NRS 1A.280 , if eligible to do so.

      2.  Each justice of the Supreme Court or district judge who is elected or appointed as a justice of the Supreme Court or district judge on or after November 5, 2002, and who previously has served as either a justice of the Supreme Court or a district judge and each justice of the Supreme Court or district judge who is serving as a justice of the Supreme Court or district judge on November 5, 2002, must receive benefits for retirement, benefits for disability and survivor benefits pursuant to either:

      (a) NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive, as those sections existed on November 5, 2002, if eligible to receive such benefits under such provisions; or

      (b) The Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan,

 


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ê2005 Statutes of Nevada, Page 1068 (Chapter 312, SB 328)ê

 

Ê whichever is most beneficial to the justice or judge or his survivor, as determined by the justice or judge at the time of his retirement or the time at which he becomes disabled, or as determined by his survivor at the time of his death, unless he is a member of the Public Employees’ Retirement System . [and elects to] If he is a member of the Public Employees’ Retirement System, he will remain a member unless he withdraws from the Public Employees’ Retirement System pursuant to NRS 1A.280 , if eligible to do so. A survivor may not change a determination that affects the survivor and which was made by a justice or judge pursuant to this section while the justice or judge was alive.

      3.  A determination made pursuant to subsection 2 is final and if a justice or judge or his survivor determines pursuant to subsection 2:

      (a) To receive benefits pursuant to the Judicial Retirement Plan, the justice, judge or survivor may not receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive; or

      (b) To receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, the justice, judge or survivor may not receive benefits pursuant to the Judicial Retirement Plan.

      4.  No justice of the Supreme Court or district judge or survivor of a justice of the Supreme Court or district judge may receive benefits under both this chapter and:

      (a) NRS 2.060 to 2.083, inclusive; or

      (b) NRS 3.090 to 3.099, inclusive.

      5.  A justice of the Supreme Court or district judge or a survivor of a justice of the Supreme Court or district judge who is receiving retirement allowances pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, on January 1, 2003, is not eligible for transfer to the Judicial Retirement Plan.

      Sec. 4.  NRS 1A.280 is hereby amended to read as follows:

      1A.280  1.  A person who is elected or appointed as a justice of the Supreme Court or district judge on or after November 5, 2002, and takes office on or after January 1, 2003, and who is a member of the Public Employees’ Retirement System established pursuant to chapter 286 of NRS on the date that he is elected or appointed may withdraw from the Public Employees’ Retirement System and become a member of the Judicial Retirement Plan if he gives written notice to the Board of his intention to withdraw from the Public Employees’ Retirement System and to become a member of the Judicial Retirement Plan. Such notice must be given to the Board within the time set forth in subsection 3 and must be given the first time that the justice or judge is elected or appointed while he is a member of the Public Employees’ Retirement System.

      2.  A justice or judge may not become a member of the Judicial Retirement Plan pursuant to subsection 1 if he has previously been elected or appointed on or after November 5, 2002, and taken office on or after January 1, 2003, while he was a member of the Public Employees’ Retirement System and he did not give notice of his intention to withdraw from the Public Employees’ Retirement System and to become a member of the Judicial Retirement Plan in the manner set forth in this section.

      3.  Written notice given pursuant to subsection 1 must be received by the Board:

      (a) If the justice or judge is elected, by March 31 of the year immediately following the year in which he was elected; or

 


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ê2005 Statutes of Nevada, Page 1069 (Chapter 312, SB 328)ê

 

      (b) If the justice or judge is appointed, within 90 days after his appointment.

      4.  If the Board receives notice pursuant to this section that a justice or judge intends to withdraw from the Public Employees’ Retirement System, it shall transfer from the Public Employees’ Retirement Fund to the Judicial Retirement Plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the Public Employees’ Retirement System as determined by an actuary of the Judicial Retirement System. The service so transferred must be accredited under the Judicial Retirement Plan as if performed in the Public Employees’ Retirement System.

      5.  If the Board does not receive written notice that a justice or judge intends to withdraw from the Public Employees’ Retirement System pursuant to subsection 3, the justice or judge will remain a member of the Public Employees’ Retirement System.

      6.  A justice or judge who exercises the option granted by this section may not reestablish the service for which the liabilities were transferred.

      [6.] 7.  No justice of the Supreme Court or district judge or survivor of a justice of the Supreme Court or district judge may receive benefits under both this chapter and chapter 286 of NRS.

      [7.] 8.  A justice of the Supreme Court or district judge or survivor of a justice of the Supreme Court or district judge who is receiving a retirement allowance from the Public Employees’ Retirement System on January 1, 2003, is not eligible for transfer to the Judicial Retirement Plan.

      Sec. 5.  NRS 1A.300 is hereby amended to read as follows:

      1A.300  1.  A plan under which all justices of the Supreme Court and district judges who are elected or appointed for the first time as either a justice of the Supreme Court or district judge on or after November 5, 2002, and who take office on or after January 1, 2003, and who [do not elect to remain in] withdraw from the Public Employees’ Retirement System, if eligible to do so, must receive benefits for retirement, disability and death is hereby established and must be known as the Judicial Retirement Plan.

      2.  Each justice of the Supreme Court or district judge elected or appointed for the first time as either a justice of the Supreme Court or district judge on or after November 5, 2002, and who takes office on or after January 1, 2003, and who [does not elect] withdraws pursuant to NRS 1A.280 [to remain in] from the Public Employees’ Retirement System, if eligible to do so, is a member of the Judicial Retirement Plan.

      3.  Benefits are earned pursuant to the Judicial Retirement Plan in the manner set forth in NRS 1A.120 to 1A.150, inclusive, 1A.190, 1A.240 and 1A.310 to 1A.670, inclusive.

      Sec. 6.  NRS 1A.520 is hereby amended to read as follows:

      1A.520  1.  A person may submit a judgment, decree or order of a district court or the Supreme Court of the State of Nevada relating to child support, alimony or the disposition of community property to the Executive Officer of the Board or his designee for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the System all or a portion of the allowance or benefit of a member of the Judicial Retirement Plan or a retired justice or judge.

      2.  The judgment, decree or order submitted to the Executive Officer of the Board or his designee must be signed by a district judge or by the justices of the Supreme Court and entered and certified by the clerk of the district court or the Clerk of the Supreme Court.

 


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ê2005 Statutes of Nevada, Page 1070 (Chapter 312, SB 328)ê

 

      3.  The Executive Officer of the Board or his designee shall, in accordance with rules prescribed by the Board, determine whether the judgment, decree or order entitles the alternate payee to receive an allowance or benefit from the System. An alternate payee is entitled to receive an allowance or benefit from the Judicial Retirement Plan if the judgment, decree or order:

      (a) Specifies clearly the names [, social security numbers] and last known mailing addresses, if any, of the member of the Judicial Retirement Plan or retired justice or judge and the alternate payee;

      (b) Specifies clearly the amount, percentage or manner of determining the amount of the allowance or benefit of the member of the Judicial Retirement Plan or retired justice or judge that must be paid by the System to each alternate payee;

      (c) Specifically directs the System to pay an allowance or benefit to the alternate payee;

      (d) Does not require the System to provide an allowance or benefit or any option not otherwise provided under this chapter; and

      (e) Does not require the payment of an allowance or benefit to an alternate payee before the retirement of a member of the Judicial Retirement Plan.

      4.  For the purposes of this subsection, “alternate payee” means a spouse, former spouse, child or other dependent of a member of the Judicial Retirement Plan or retired justice or judge who, pursuant to a judgment, decree or order relating to child support, alimony or the disposition of community property, is entitled to receive all or a portion of the allowance or benefit of a member or retired justice or judge from the System.

      Sec. 7.  NRS 1A.580 is hereby amended to read as follows:

      1A.580  1.  Each child of a deceased member of the Judicial Retirement Plan is entitled to receive a cumulative benefit of at least $400 per month, beginning on the first day of the month following the member’s death.

      2.  [Except as otherwise provided in subsections 3 and 4, payments] Payments to any child cease on the last day of the month of:

      (a) His adoption;

      (b) His death;

      (c) His marriage; or

      (d) [His] Except as otherwise provided in subsection 3, 4 or 5, his attaining the age of 18 years.

      3.  [These] Except as otherwise provided in subsection 4, these benefits may be paid to the child of a deceased member of the Judicial Retirement Plan until the last day of the month of his 23rd birthday if , [he was,] at the time [of the member’s death,] that he attains 18 years, he is, and continues thereafter to be, a full-time student in any accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      4.  If the Board ceases the payment of benefits to a child of a deceased member who received benefits pursuant to subsection 3 because the child ceased being a full-time student, the Board may resume the payment of such benefits until the last day of the month of the child’s 23rd birthday if the child returns to full-time status at an accredited:

      (a) High school;

 


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ê2005 Statutes of Nevada, Page 1071 (Chapter 312, SB 328)ê

 

      (b) Vocational or technical school; or

      (c) College or university.

      5.  These benefits may be commenced or extended indefinitely beyond a child’s 18th birthday if and so long as he is determined by the System to be:

      (a) Financially dependent; and

      (b) Physically or mentally incompetent.

      [5.] 6.  All benefits under this section may be paid by the System to the child’s:

      (a) Surviving parent; or

      (b) Legal guardian.

      [6.] 7.  The Board shall establish uniform standards and procedures for determining whether a child is:

      (a) A full-time student;

      (b) Financially dependent; and

      (c) Physically or mentally incompetent.

      Sec. 8.  1.  The Administrative Office of the Courts, in cooperation with the Public Employees’ Retirement System, the Commission to Review Compensation of Constitutional Officers, Legislators, Supreme Court Justices, District Judges and Elected County Officers and any other board or commission that examines the salaries and compensation of justices, judges and judicial officers shall conduct a study of the salaries paid to all justices, judges, and judicial officers and the contributions paid to the Judicial Retirement Fund.

      2.  The study must include, without limitation:

      (a) An evaluation of the salaries paid to justices, judges and judicial officers.

      (b) An evaluation of the financial impact on justices, judges and judicial officers if such justices, judges and judicial officers are required to pay contributions to the Judicial Retirement Fund in the same manner as determined by the Public Employees’ Retirement Board for contributions paid by regular members to the Public Employees’ Retirement System and the Judicial Retirement System.

      (c) An evaluation of the fiscal impact on the Judicial Branch of this State if the Court Administrator is required to pay contributions to the Judicial Retirement Fund in the same manner as determined by the Public Employees’ Retirement Board for contributions paid for regular members by employers to the Public Employees’ Retirement System and the Judicial Retirement System.

      3.  On or before November 1, 2006, the Administrative Office of the Courts shall prepare a report that contains the findings of the study and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Nevada Legislature.

      Sec. 9.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 313, SB 45

Senate Bill No. 45–Committee on Taxation

 

CHAPTER 313

 

AN ACT relating to taxation; eliminating the requirement that a tax receiver must provide the Attorney General and the State Controller with a copy of a written protest filed by a property owner concerning property taxes; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 1072 (Chapter 313, SB 45)ê

 

copy of a written protest filed by a property owner concerning property taxes; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.420 is hereby amended to read as follows:

      361.420  1.  Any property owner whose taxes are in excess of the amount which the owner claims justly to be due may pay each installment of taxes as it becomes due under protest in writing. The protest must be filed with the tax receiver at the time of the payment of the installment of taxes. [The tax receiver forthwith shall forward one copy of the protest to the Attorney General and one copy to the State Controller.]

      2.  The property owner, having protested the payment of taxes as provided in subsection 1 and having been denied relief by the State Board of Equalization, may commence a suit in any court of competent jurisdiction in the State of Nevada against the State and county in which the taxes were paid, and, in a proper case, both the Nevada Tax Commission and the Department may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which the owner claims justly to be due, and the owner may complain upon any of the grounds contained in subsection 4.

      3.  Every action commenced under the provisions of this section must be commenced within 3 months after the date of the payment of the last installment of taxes, and if not so commenced is forever barred. If the tax complained of is paid in full and under the written protest provided for in this section, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due must be commenced within 3 months after the date of the full payment of the tax or the issuance of the decision of the State Board of Equalization denying relief, whichever occurs later, and if not so commenced is forever barred.

      4.  In any suit brought under the provisions of this section, the person assessed may complain or defend upon any of the following grounds:

      (a) That the taxes have been paid before the suit;

      (b) That the property is exempt from taxation under the provisions of the revenue or tax laws of the State, specifying in detail the claim of exemption;

      (c) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment;

      (d) That the property is situate in and has been assessed in another county, and the taxes thereon paid;

      (e) That there was fraud in the assessment or that the assessment is out of proportion to and above the taxable cash value of the property assessed;

      (f) That the assessment is out of proportion to and above the valuation fixed by the Nevada Tax Commission for the year in which the taxes were levied and the property assessed; or

      (g) That the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the taxable value of the property so assessed than that at which the other property in the State is assessed.

 


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ê2005 Statutes of Nevada, Page 1073 (Chapter 313, SB 45)ê

 

      5.  In a suit based upon any one of the grounds mentioned in paragraphs (e), (f) and (g) of subsection 4, the court shall conduct the trial without a jury and confine its review to the record before the State Board of Equalization. Where procedural irregularities by the Board are alleged and are not shown in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.

      6.  In all cases mentioned in this section where the complaint is based upon any grounds mentioned in subsection 4, the entire assessment must not be declared void but is void only as to the excess in valuation.

      7.  In any judgment recovered by the taxpayer under this section, the court may provide for interest thereon not to exceed 6 percent per annum from and after the date of payment of the tax complained of.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 314, SB 126

Senate Bill No. 126–Senators Schneider, Care, Carlton, Coffin, Horsford, Lee, Mathews, Titus and Wiener

 

Joint Sponsors: Assemblymen McClain and Munford

 

CHAPTER 314

 

AN ACT relating to consumer health; requiring the Director of the Office for Consumer Health Assistance in the Office of the Governor to employ persons who have experience in the field of industrial relations; requiring the Administrator of the Division of Industrial Relations of the Department of Business and Industry to include contact information for the Office for Consumer Health Assistance on notices and forms provided to injured workers and on the Internet website of the Division; making an appropriation from the Fund for Workers’ Compensation and Safety to the Office for Consumer Health Assistance; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 223.570 is hereby amended to read as follows:

      223.570  1.  The Director [may:

      (a) Within] , within the limits of available money [,] :

      (a) Shall, to carry out the provisions of this section and NRS 223.560 and 223.580, employ at least two persons who have experience in the field of workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and

      (b) May, in addition to the persons required to be employed pursuant to paragraph (a), employ:

 


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ê2005 Statutes of Nevada, Page 1074 (Chapter 314, SB 126)ê

 

             (1) Such persons in the unclassified service of the State as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.

             (2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560 and 223.580, who must be in the classified service of the State.

Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Director employs him.

      [(b)] 2.  The Director may:

      (a) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

      [(c)] (b) Adopt such regulations as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

      [(d)] (c) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office in carrying out its duties pursuant to subsection 8 of NRS 223.560.

      [2.] 3.  The Director and his employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560 and 223.580. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Director or employee, or any person affiliated with the Director or employee:

      (a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;

      (b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;

      (c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or

      (d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.

      Sec. 2.  Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:

      The Administrator shall include on any notice or form that is provided to injured employees and is on the Internet website of the Division, contact information for the Office for Consumer Health Assistance created pursuant to NRS 223.550.

      Sec. 3.  1.  There is hereby appropriated from the Fund for Workers’ Compensation and Safety created by NRS 616A.425 to the Office for Consumer Health Assistance in the Office of the Governor the sum of $171,070 for the additional costs required pursuant to the amendatory provisions of section 1 of this act.

      2.  Any remaining balance of the money appropriated by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the Fund for Workers’ Compensation and Safety on or before September 21, 2007.

      Sec. 4.  This act becomes effective on July 1, 2005.

________

 


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ê2005 Statutes of Nevada, Page 1075ê

 

CHAPTER 315, SB 187

Senate Bill No. 187–Committee on Human Resources and Education

 

CHAPTER 315

 

AN ACT relating to persons with disabilities; authorizing the members of the Advisory Committee on Traumatic Brain Injuries to receive the per diem allowance and travel expenses provided for state employees generally in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 426A.060 is hereby amended to read as follows:

      426A.060  1.  The Advisory Committee on Traumatic Brain Injuries, consisting of 11 members, is hereby created.

      2.  The Director of the Department shall appoint to the Committee:

      (a) One member who is an employee of the Office.

      (b) One member who is an employee of the Division of Health Care Financing and Policy of the Department and participates in the administration of the state program providing Medicaid.

      (c) One member who is a licensed insurer in this State.

      (d) One member who represents the interests of educators in this State.

      (e) One member who is a person professionally qualified in the field of psychiatric mental health.

      (f) Two members who are employees of private providers of rehabilitative health care located in this State.

      (g) One member who represents persons who operate community-based programs for head injuries in this State.

      (h) One member who represents hospitals in this State.

      (i) Two members who represent the recipients of health care in this State.

      3.  After the initial appointments, each member of the Committee serves a term of 3 years.

      4.  The Committee shall elect one of its members to serve as Chairman.

      5.  Members of the Committee [serve] :

      (a) Serve without compensation ; and

      (b) If provided for in the budget of the Department, while engaged in the business of the Committee, are [not] entitled to receive the per diem allowance [or] and travel expenses provided for state officers and employees generally . [, except that members of the Committee may receive any per diem allowance and travel expenses that may be authorized by the Committee if the payment of the per diem allowance and travel expenses:

      (a) Is made from money received by the Committee from a source other than the State of Nevada; and

      (b) Is not inconsistent with any condition attached to the acceptance of that money.]

      6.  The Committee may:

 


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ê2005 Statutes of Nevada, Page 1076 (Chapter 315, SB 187)ê

 

      (a) Make recommendations to the Director of the Department and the Office relating to the establishment and operation of any program for persons with traumatic brain injuries.

      (b) Make recommendations to the Director of the Department and the Office concerning proposed legislation relating to traumatic brain injuries.

      (c) Collect information relating to traumatic brain injuries.

      (d) Apply for grants.

      (e) Accept and expend any money made available to the Committee by gift, grant, donation or bequest.

      7.  The Committee shall prepare a report of its activities and recommendations each year and submit a copy to the:

      (a) Director of the Department;

      (b) Office;

      (c) Legislative Committee on Health Care; and

      (d) Legislative Commission.

      8.  As used in this section:

      (a) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 316, SB 485

Senate Bill No. 485–Committee on Finance

 

CHAPTER 316

 

AN ACT relating to public employees’ retirement; temporarily extending the prospective expiration of the provisions governing allowances paid to certain retired employees who fill positions for which a critical labor shortage exists; requiring the Public Employees’ Retirement Board to continue an experience study on the Public Employees’ Retirement System of the employment of certain retired persons by public employers; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 8 of Chapter 490, Statutes of Nevada 2001, at page 2406, is hereby amended to read as follows:

      Sec. 8.  The Public Employees Retirement Board shall conduct an experience study on the Public Employees’ Retirement System of the employment of retired public employees by public employers that participate in the Public Employees’ Retirement System pursuant to section 1 of this act for the period between July 1, [2001,] 2005, and July 1 [2004.] 2008. The Public Employees’ Retirement Board shall submit a report of the study to the Interim Retirement and Benefits Committee of the Legislature on or before December 31, [2004.] 2008.

 


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ê2005 Statutes of Nevada, Page 1077 (Chapter 316, SB 485)ê

 

      Sec. 2.  Section 9 of Chapter 490, Statutes of Nevada 2001, at page 2406, is hereby amended to read as follows:

      Sec. 9.  1.  This act becomes effective on July 1, 2001.

      2.  Section 1 of this act expires by limitation on June 30, [2005.] 2009.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 317, SB 149

Senate Bill No. 149–Senator Lee

 

CHAPTER 317

 

AN ACT relating to the University and Community College System of Nevada; providing for a salary for members of the Board of Regents of the University of Nevada for attending meetings; making various changes regarding accounts established for members of the Board of Regents to pay for certain hosting expenditures; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 396.070 is hereby amended to read as follows:

      396.070  1.  [A] Each member of the Board of Regents is [not] entitled to receive [any compensation for his services.] a salary of $80 for each meeting of the Board that he attends.

      2.  Each member of the Board of Regents is entitled to receive in attending meetings of the Board, or while on Board of Regents’ business within the State:

      (a) A per diem expense allowance not to exceed the greater of:

             (1) The rate of $60; or

             (2) The maximum rate established by the Federal Government for the locality in which the travel is performed.

      (b) A travel allowance computed at the rate provided for state officers and employees generally in subsection 3 of NRS 281.160.

      3.  If an account is established for a member of the Board of Regents to pay for hosting expenditures of the member:

      (a) The annual expenditures from the account may not exceed $2,500.

      (b) The account may be used only to pay for activities that are directly related to the duties of the member of the Board of Regents, including reasonable expenses for meals, beverages and small gifts. The account must not be used to pay for expenses associated with attending a sporting event or a political fundraising event.

      (c) The member of the Board of Regents must submit a monthly report of expenditures from the account to the Chancellor of the System. The report must include, without limitation, the amount of money expended from the account, the specific purpose and activity for which the money was expended and, if applicable, the person for whom the money was expended.

 


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ê2005 Statutes of Nevada, Page 1078 (Chapter 317, SB 149)ê

 

      (d) The Chancellor of the System shall compile the monthly reports into an annual report on or before January 30 of each year. The monthly reports and annual reports are public records and must be made available for public inspection.

      4.  As used in this section, “hosting expenditures” means reasonable expenses by or on behalf of a member of the Board of Regents who is conducting business activities necessary to provide a benefit to the System by establishing goodwill, promoting programs of the System or otherwise advancing the mission of the System.

      Sec. 2.  NRS 396.080 is hereby amended to read as follows:

      396.080  The Board of Regents shall have the power to appoint a Chairman . [, who shall receive no compensation for his services as Chairman.]

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 318, SB 520

Senate Bill No. 520–Committee on Legislative Operations and Elections

 

CHAPTER 318

 

AN ACT relating to state printing; creating the State Printing Office within the Legislative Counsel Bureau and providing its duties; providing that the State Printer is the head of the State Printing Office; authorizing the State Printer to accept work for any state, local or federal governmental entity; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.225 is hereby amended to read as follows:

      218.225  1.  At each regular session of the Legislature, each Legislator is entitled to receive at the expense of the Legislative Fund : [from the State Printing Division of the Department of Administration the following:]

      (a) Not to exceed 2,000 letterheads, 8 1/2 inches x 11 inches, and 2,000 half size, or 4,000 of either variety;

      (b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/4 envelopes, or 4,000 of either variety; and

      (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets, 500 each of the small and large type or 1,000 of either type.

[Ê Selections must be made from samples submitted by the Superintendent of the State Printing Division of the Department of Administration, and all printing must be done in the State Printing Division of the Department of Administration.]

      2.  Each female member of the Assembly is entitled to have the word “Assemblywoman” precede the inscription of her name on her official stationery and business cards.

      3.  All orders for the printing specified in subsection 1 must be placed by Legislators with the Director of the Legislative Counsel Bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the Legislative Fund.

 


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ê2005 Statutes of Nevada, Page 1079 (Chapter 318, SB 520)ê

 

shall approve those claims which comply with the provisions of this section and shall pay the claims from the Legislative Fund.

      4.  A Legislator may purchase [from the State Printing Division of the Department of Administration] official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.

      Sec. 2.  NRS 218.240 is hereby amended to read as follows:

      218.240  1.  The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive. Except as otherwise provided in those provisions, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the Constitution or laws of this State.

      2.  The Legislative Counsel shall give consideration to and service concerning any measure before the Legislature which is requested by the Governor, the Senate or Assembly, or any committee of the Legislature having the measure before it for consideration.

      [3.  The Legislative Counsel may deliver to the Superintendent of the State Printing Division of the Department of Administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a Legislator, the Superintendent shall promptly comply with this request.]

      Sec. 3.  NRS 218.278 is hereby amended to read as follows:

      218.278  1.  The Legislative Counsel shall, upon receipt of requests for prefiling bills and joint resolutions, transmit those bills and resolutions that may be prefiled to the Secretary of the Senate or the Chief Clerk of the Assembly, as appropriate. The Secretary or Chief Clerk shall number the bills and joint resolutions consecutively in the same manner as during regular sessions of the Legislature and is responsible for the safekeeping of such bills and joint resolutions.

      2.  After a bill or joint resolution has been properly numbered, the Legislative Counsel shall [deliver a copy to the Superintendent of the State Printing Division of the Department of Administration. The Superintendent shall print the copy] cause the bill or joint resolution to be printed in the same manner as during regular sessions of the Legislature. The bill or joint resolution must contain:

      (a) The name of the introducer;

      (b) The date on which it was prefiled;

      (c) If it was not requested by a member of the Legislature, the name of the entity that requested the preparation of the bill or joint resolution; and

      (d) The standing committee of the Senate or Assembly to which the bill or joint resolution is proposed to be referred. The standing committee must be determined pursuant to the rules or recommendations for the referral of bills and joint resolutions adopted by the appropriate house during the preceding regular session of the Legislature.

 


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ê2005 Statutes of Nevada, Page 1080 (Chapter 318, SB 520)ê

 

      3.  The number of copies to be printed must be determined by the Legislative Counsel, and the expenses of printing and mailing must be paid from the Legislative Fund.

      4.  The Legislative Counsel shall release copies of a prefiled bill or joint resolution to the public.

      Sec. 4.  NRS 218.290 is hereby amended to read as follows:

      218.290  1.  The [Superintendent of the State Printing Division of the Department of Administration] Legislative Counsel shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the Legislature as are authorized by the Secretary of the Senate and the Chief Clerk of the Assembly.

      2.  In printing bills and resolutions the [Superintendent] Legislative Counsel is authorized:

      (a) To set the style and form of the printing.

      (b) To correct all errors in spelling or punctuation in the copy furnished him.

      (c) To supply the enacting clause if omitted.

      3.  No change may be made [by the Superintendent] which in any way varies the apparent meaning of a bill or resolution.

      Sec. 5.  NRS 218.460 is hereby amended to read as follows:

      218.460  1.  All requests for mailing or distribution of bills and legislative publications must be filed with the Director of the Legislative Counsel Bureau . [who shall request the Superintendent of the State Printing Division of the Department of Administration to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The Superintendent of the State Printing Division may print only that amount of bills and legislative publications necessary for such requests and requirements.]

      2.  Except as otherwise provided in NRS 218.460 to 218.466, inclusive, no bill or other legislative publication may be distributed without payment therefor of a sum fixed by the Director of the Legislative Counsel Bureau.

      3.  Any person, office or organization, except for those for which provision is otherwise made in NRS 218.460 to 218.466, inclusive, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.

      4.  The Director of the Legislative Counsel Bureau shall fix the cost of such bills and publications, including postage, and such money as may be received by him must be remitted to the Legislative Counsel Bureau for deposit in the Legislative Fund. Before each session of the State Legislature, the Director of the Legislative Counsel Bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.

      5.  The costs of such distributions, including postage, must be paid from the Legislative Fund.

      Sec. 6.  NRS 218.500 is hereby amended to read as follows:

      218.500  1.  The Secretary of State shall , within 3 days after he receives them, furnish to the [Superintendent of the State Printing Division of the Department of Administration, within 3 days after he receives them,] State Printer a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.

 


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ê2005 Statutes of Nevada, Page 1081 (Chapter 318, SB 520)ê

 

State Printer a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.

      2.  The Director of the Legislative Counsel Bureau shall:

      (a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the State.

      (b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.

      (c) Distribute one copy of the advance sheets, without charge, to each justice of the Supreme Court, the Attorney General, the State Public Defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the State, deliver to the Supreme Court Law Library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.

      3.  The Legislative Counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.

      4.  The [Superintendent,] State Printer, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.

      Sec. 7.  NRS 220.130 is hereby amended to read as follows:

      220.130  1.  Upon completion of Nevada Revised Statutes, the Legislative Counsel shall have it printed, lithoprinted or reproduced by any other process by the State Printing [Division of the Department of Administration] Office and may create or cause to be created reproductions of Nevada Revised Statutes, alone or in combination with any other legal publications, on electronic discs or any other available medium. The Legislative Commission shall determine the number of copies which must be printed or reproduced of each page of each volume of Nevada Revised Statutes with annotations.

      2.  Upon completion of the final printing or other reproduction the separate volumes must be bound as required in this chapter and retained by the Legislative Counsel for safekeeping and disposition. The Legislative Counsel shall sell each set, and may sell individual volumes, discs, parts or pages when available, at a price to be set by the Legislative Commission as near as possible to the cost of preparing, printing and binding or other reproduction, and all proceeds of sales must be deposited in the Legislative Fund.

      3.  A master copy of Nevada Revised Statutes must be kept in the office of the Legislative Counsel, and the master copy must not be removed from the office except in the custody of the Legislative Counsel.

      Sec. 8.  NRS 205.134 is hereby amended to read as follows:

      205.134  1.  A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:

 

      The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is guilty of a category D felony and may be punished as provided in NRS 193.130.

 


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ê2005 Statutes of Nevada, Page 1082 (Chapter 318, SB 520)ê

 

both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is guilty of a category D felony and may be punished as provided in NRS 193.130.

 

      2.  [The Superintendent of the State Printing Division of the Department of Administration shall prepare the notice and supply copies of it on demand. The Superintendent may charge a fee based on the cost for each copy of the notice which is supplied.

      3.]  Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.

      Sec. 9.  NRS 205.380 is hereby amended to read as follows:

      205.380  1.  A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

      (a) If the value of the thing or labor fraudulently obtained was $250 or more, for a category B felony 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 by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      (b) If the value of the thing or labor fraudulently obtained was less than $250, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender payment for rent or labor.

      2.  For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:

      (a) Property which can be returned in the same condition in which it was originally received;

      (b) Rent; or

      (c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,

Ê stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

      3.  The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.

      4.  A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:

 


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ê2005 Statutes of Nevada, Page 1083 (Chapter 318, SB 520)ê

 

      The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:

      1.  If the value of the property, rent or labor fraudulently obtained was $250 or more, as a category B felony 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 by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  If the value of the property, rent or labor so fraudulently obtained was less than $250, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

 

[The notice must be prepared and copies thereof supplied on demand by the Superintendent of the State Printing Division of the Department of Administration, who may charge a fee based on the cost for each copy of the notice supplied to any person.]

      Sec. 10.  NRS 232.213 is hereby amended to read as follows:

      232.213  1.  The Department of Administration is hereby created.

      2.  The Department consists of a Director and the following divisions:

      (a) Budget Division.

      (b) Risk Management Division.

      (c) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.

      (d) Buildings and Grounds Division.

      (e) Purchasing Division.

      (f) [State Printing Division.

      (g)] Administrative Services Division.

      [(h)] (g) Division of Internal Audits.

      3.  The Director may establish a Motor Pool Division or may assign the functions of the State Motor Pool to one of the other divisions of the Department.

      Sec. 11.  NRS 232.215 is hereby amended to read as follows:

      232.215  The Director:

      1.  Shall appoint a Chief of the:

      (a) Risk Management Division;

      (b) Buildings and Grounds Division;

      (c) Purchasing Division;

      (d) [State Printing Division;

      (e)] Administrative Services Division;

      [(f)] (e) Division of Internal Audits; and

      [(g)] (f) Motor Pool Division, if separately established.

      2.  Shall appoint a Chief of the Budget Division, or may serve in this position if he has the qualifications required by NRS 353.175.

      3.  Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.

 


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ê2005 Statutes of Nevada, Page 1084 (Chapter 318, SB 520)ê

 

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

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

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

      Sec. 12.  NRS 232.2165 is hereby amended to read as follows:

      232.2165  1.  The Chief of:

      (a) The Buildings and Grounds Division;

      (b) The Purchasing Division;

      (c) [The State Printing Division;

      (d)] The Administrative Services Division;

      [(e)] (d) The Division of Internal Audits; and

      [(f)] (e) If separately established, the Motor Pool Division,

Ê of the Department serves at the pleasure of the Director, but, except as otherwise provided in subsection 2, for all purposes except removal is in the classified service of the State.

      2.  The Chief of the Motor Pool Division, if separately established, and the Chief of the Division of Internal Audits are in the unclassified service of the State.

      Sec. 13.  NRS 232.217 is hereby amended to read as follows:

      232.217  Unless federal law or regulation otherwise requires, the Chief of the:

      1.  Budget Division;

      2.  Buildings and Grounds Division;

      3.  Purchasing Division;

      4.  [State Printing Division;

      5.]  Division of Internal Audits; and

      [6.] 5.  Motor Pool Division, if separately established,

Ê may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.

      Sec. 14.  NRS 232.219 is hereby amended to read as follows:

      232.219  1.  The Department of Administration’s Operating Fund for Administrative Services is hereby created as an internal service fund.

      2.  The operating budget of each of the following entities must include an amount representing that entity’s share of the operating costs of the central accounting function of the Department:

      (a) State Public Works Board;

      (b) Budget Division;

      (c) Buildings and Grounds Division;

      (d) Purchasing Division;

      (e) [State Printing Division;

      (f)] Hearings Division;

      [(g)] (f) Risk Management Division;

      [(h)] (g) Division of Internal Audits; and

      [(i)] (h) If separately established, the Motor Pool Division.

 


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ê2005 Statutes of Nevada, Page 1085 (Chapter 318, SB 520)ê

 

      3.  All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.

      4.  All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.

      Sec. 15.  NRS 233B.065 is hereby amended to read as follows:

      233B.065  1.  The Legislative Counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the Nevada Administrative Code, he may prescribe the same matters in original agency regulations.

      2.  The Legislative Counsel shall cause to be included in the Nevada Administrative Code the:

      (a) Date on which an agency last completed a review of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050; and

      (b) Citation of authority pursuant to which the agency adopted each section of a permanent regulation.

      3.  The Legislative Counsel shall prepare or cause the [Superintendent of the State Printing Division of the Department of Administration] State Printer to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:

      (a) By the Secretary of State as the master copy;

      (b) By the State Library and Archives Administrator for public use;

      (c) By the Attorney General for his use and that of the Executive Department; and

      (d) By the Legislative Counsel for his use and that of the Legislature.

Ê The Legislative Commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.

      4.  The Legislative Counsel shall, without charge, provide:

      (a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the Legislature; and

      (b) To each Legislator who has so acquired the Nevada Administrative Code, the replacement or supplementary pages which are issued during his term of office.

      5.  Each agency shall reimburse the Legislative Counsel Bureau and the State Printing [Division of the Department of Administration] Office for their respective costs in preparing and keeping current that agency’s portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the Legislative Commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.

      Sec. 16.  NRS 233B.0653 is hereby amended to read as follows:

      233B.0653  1.  The Legislative Counsel shall prepare and publish or cause to be prepared and published a Register of Administrative Regulations. The Register must include the following information regarding each permanent regulation adopted by an agency:

      (a) The proposed and adopted text of the regulation and any revised version of the regulation;

      (b) The notice of intent to act upon the regulation set forth in NRS 233B.0603;          (c) The written notice of adoption of the regulation required pursuant to NRS 233B.064;

 

 


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      (c) The written notice of adoption of the regulation required pursuant to NRS 233B.064;

      (d) The informational statement required pursuant to NRS 233B.066; and

      (e) The effective date of the regulation, as determined pursuant to NRS 233B.070.

Ê In carrying out the duties set forth in this subsection, the Legislative Counsel may use the services of the State Printing [Division of the Department of Administration.] Office.

      2.  The Legislative Counsel shall publish the Register not less than 10 times per year but not more than once every 2 weeks.

      3.  The Register must be provided to and maintained by:

      (a) The Secretary of State;

      (b) The Attorney General;

      (c) The Supreme Court Law Library;

      (d) The State Library and Archives;

      (e) Each county clerk;

      (f) Each county library; and

      (g) The Legislative Counsel Bureau.

      4.  The Legislative Counsel may sell an additional copy of the Register to any person or governmental entity that requests a copy, at a price which does not exceed the cost of publishing the additional copy.

      5.  The Legislative Counsel is immune from civil liability which may result from failure to include any information in the Register.

      Sec. 17.  NRS 239.070 is hereby amended to read as follows:

      239.070  1.  In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use microfilm for such recording.

      2.  The Division [, in cooperation with the State Printing Division of the Department of Administration,] shall provide microfilming service to any local government. The charge for the service must not exceed the actual cost.

      3.  If microfilming is used:

      (a) The microphotographs or micronegative films must be properly indexed and placed in conveniently accessible files.

      (b) Each film must be designated and numbered.

      (c) Provision must be made for preserving, examining and using the films.

      4.  A duplicate of each such film must be made and kept safely in a separate place.

      5.  Duplicates of each such film must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.

      6.  The Division shall provide services for recording other than microfilming to any local government if the Division has the equipment necessary to provide the services. The services provided are subject to the requirements of this section relating to microfilming.

      Sec. 18.  NRS 244.330 is hereby amended to read as follows:

      244.330  1.  Except as otherwise provided in [subsection 5,] this section and NRS 344.050, public printing required by the various counties must be placed with a bona fide newspaper or bona fide commercial printing establishment within the county.

 


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must be placed with a bona fide newspaper or bona fide commercial printing establishment within the county. If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do the printing, the printing must be placed with a bona fide newspaper or bona fide commercial printing establishment in the State adequately equipped to do the printing. If only one such newspaper or commercial printing establishment exists in the county and it fails, or has failed in the past, with regard to a specific piece of printing required by law to be printed, to perform its printing functions in accordance with the specification for the job as supplied by the governing body in any year, the specific piece of printing when required in any subsequent year may be placed with a bona fide newspaper or bona fide commercial printing establishment in the State adequately equipped to do the printing.

      2.  Except as otherwise authorized in subsections 4 and 5, printing required by counties must be done within the State.

      3.  The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. As used in this subsection, “reasonable charges” means a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

      4.  The provisions of this section do not prohibit the printing of county bonds and other evidences of indebtedness outside the State.

      5.  Except as otherwise provided in this subsection [,] and NRS 344.050, the printing of ballots and other materials required for an election must be placed with a bona fide newspaper or bona fide printing establishment that is located within the county in which the election will be held and that is adequately equipped to do the printing. If there is no bona fide newspaper or bona fide printing establishment located within that county that is adequately equipped to do the printing, the printing may be placed with a bona fide newspaper or bona fide printing establishment located outside the State that is adequately equipped to do the printing.

      Sec. 19.  NRS 268.070 is hereby amended to read as follows:

      268.070  1.  [All] Except as otherwise provided in this section and NRS 344.050, all public printing required by the various cities of this State [shall] must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment within the county in which the city is located. If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do [such printing, then] the printing, the printing [so required shall] must be placed [through the local] with a bona fide newspaper or bona fide commercial printing establishment [.

      2.  Nothing in this section shall be construed as requiring such cities to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the same.

      3.] in the State adequately equipped to do the printing.

      2.  Except as otherwise authorized in subsection [5,] 4, printing required by cities of this State [shall] must be done within the State.

      [4.] 3.  The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. [Reasonable charges shall mean] As used in this subsection, “reasonable charges” means a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

 


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amount necessary to be paid for similar work in other printing establishments.

      [5.  Nothing in this section shall be construed as prohibiting]

      4.  The provisions of this section do not prohibit the printing of city bonds and other evidences of indebtedness outside the State.

      Sec. 20.  NRS 269.150 is hereby amended to read as follows:

      269.150  1.  [All] Except as otherwise provided in this section and NRS 344.050, all public printing required by the various towns of this State [shall] must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment within the county in which the town is located . [; but if] If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do [such printing, then] the printing, the printing [so required shall] must be placed [through the local] with a bona fide newspaper or bona fide commercial printing establishment [.

      2.  Nothing in this section shall be construed as requiring such towns to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the same.

      3.] in the State adequately equipped to do the printing.

      2.  Except as otherwise authorized in subsection [5,] 4, printing required by towns of this State [shall] must be done within the State.

      [4.] 3.  The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. [Reasonable charges shall mean] As used in this subsection, “reasonable charges” means a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

      [5.  Nothing in this section shall be construed as prohibiting]

      4.  The provisions of this section do not prohibit the printing of town bonds and other evidences of indebtedness outside the State.

      Sec. 21.  Chapter 344 of NRS is hereby amended by adding thereto a new section to read as follows:

      No governmental entity is required to use the services of the State Printing Office, and the State Printing Office is not required to produce any work for a governmental entity, except with respect to work required by statute to be produced for:

      1.  The Legislative Counsel Bureau or the Nevada Legislature; and

      2.  The Supreme Court of Nevada.

      Sec. 22.  NRS 344.013 is hereby amended to read as follows:

      344.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 344.015 [, 344.017 and 344.019] and 344.017 have the meanings ascribed to them in such sections.

      Sec. 23.  NRS 344.015 is hereby amended to read as follows:

      344.015  [“Division” means the State Printing Division of the Department of Administration.] “Director” means the Director of the Legislative Counsel Bureau.

      Sec. 24.  NRS 344.021 is hereby amended to read as follows:

      344.021  1.  The [Division] State Printing Office is hereby created within the Legislative Counsel Bureau.

      2.  The State Printing Office consists of [a Superintendent] the State Printer, who is the head of the Office, and the : [following sections:]

 


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      (a) Printing Section [.] ; and

      (b) Reproduction Section.

      [2.  The Superintendent may create necessary working units within the sections of the Division.]

      Sec. 25.  NRS 344.040 is hereby amended to read as follows:

      344.040  The [Superintendent] State Printer shall:

      1.  Supervise the operations of the [Division.] State Printing Office.

      2.  Take charge of and be responsible for all manuscripts or other matter which may be delivered to him for printing or reproduction.

      3.  Receive and promptly execute all orders for printing or reproduction required by the [various state officers, boards and commissions.] Legislative Counsel Bureau, the Nevada Legislature or the Supreme Court of Nevada.

      4.  Submit a biennial report through the Director [of the Department of Administration] to the Legislative Commission and the Governor concerning the complete transactions of the [Division.

      5.  Appoint as chiefs of the Printing and Reproduction Sections persons who are skilled in these respective arts and who have demonstrated supervisory and administrative ability.

      6.] State Printing Office.

      5.  Maintain perpetual inventory records of equipment in the [Division. He shall include in his] State Printing Office. The State Printer shall include in the biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of [his last] the preceding report.

      Sec. 26.  NRS 344.045 is hereby amended to read as follows:

      344.045  The [Superintendent] State Printer shall not [, during his continuance in office,] have any interest, direct or indirect, in any contract for furnishing paper, other printing stock or material connected with the [Division.] State Printing Office.

      Sec. 27.  NRS 344.050 is hereby amended to read as follows:

      344.050  1.  The [Superintendent] State Printer may accept all governmental work and shall not permit any other than [state] governmental work to be done in the [Division.] State Printing Office.

      2.  All [state] officers, boards, commissions, trustees, regents and directors [required or authorized by law to make reports or to publish] of the Executive Department of the State Government that require the publication, printing, reproduction or binding of reports, circulars, bulletins, printed books, stationery or printed matter of any kind [shall:

      (a) Have the printing, reproduction and binding of such material done by the Division, at the expense of their respective funds or appropriations; or

      (b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.] :

      (a) If otherwise required to solicit bids for the work, shall solicit a bid from the State Printing Office; or

      (b) If not otherwise required to solicit bids for the work, may use the services of the State Printing Office without soliciting bids.

      3.  The [printing of] State Printing Office shall print official stationery, cards and other material appropriate to the official duties of members of the Legislature [shall be done in the Division] at the expense of the Legislative Fund.

 


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      4.  [Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the Superintendent is directed not to accept the same but he may print such material for official state functions.

      5.  Nothing in this chapter shall be construed to mean that the Superintendent is required or expected] The provisions of this chapter do not require the State Printer to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances , and available technology, in the [Division will] State Printing Office permit.

      5.  As used in this section, “governmental work” means work for any state, local or federal governmental entity in the United States, including, without limitation, the typesetting, printing, reproducing and binding of reports, brochures, booklets, forms, blanks, envelopes, letterhead and other matter and material.

      Sec. 28.  NRS 344.060 is hereby amended to read as follows:

      344.060  The [Superintendent] State Printer shall cause to be affixed to all public printing, except work produced in the Reproduction [Division,] Section, the union label recognized by the International Typographical Union. He is authorized to purchase such cuts for that purpose as in his discretion are necessary.

      Sec. 29.  NRS 344.070 is hereby amended to read as follows:

      344.070  1.  The [Superintendent is authorized to] State Printer may secure copyright under the laws of the United States in all publications issued by the State of Nevada, the copyright to be secured in the name of the State of Nevada.

      2.  All costs and charges incurred in copyrighting such publications [shall] must be charged against the [State Printing Fund, and shall] revolving account in the Legislative Fund created pursuant to NRS 344.090 and must be paid in the same way as other charges are paid by the State.

      Sec. 30.  NRS 344.080 is hereby amended to read as follows:

      344.080  [1.  The Superintendent] The State Printer shall employ such compositors, assistant compositors, bindery operators, assistant bindery operators, pressmen , [and] assistant pressmen and other employees as the exigency of the work from time to time requires, and he may at any time discharge those employees. [He] The State Printer shall not, at any time, employ more compositors, assistant compositors, bindery operators, assistant bindery operators, pressmen , [and] assistant pressmen and other employees than the necessities of the [Division may require.

      2.  The compensation of the compositors, assistant compositors, bindery operators, assistant bindery operators, pressmen and assistant pressmen must be fixed by the Department of Personnel, but these employees are not entitled to receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.

      3.  All employees of the Division other than compositors, assistant compositors, bindery operators, assistant bindery operators, pressmen and assistant pressmen must be in the classified service of the State.] State Printing Office require.

      Sec. 31.  NRS 344.090 is hereby amended to read as follows:

      344.090  1.  [The State Printing Fund is created as an internal service fund.

 


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      2.  The State Printing Fund consists of the] All money appropriated to carry out the provisions of this chapter [,] and all money received [in the State Printing Fund from any source in payment of all printing, reproduction and binding done in the Division.

      3.  All expenses for the support of the Division, including the salary of the Superintendent, must be paid from the State Printing Fund.] by the State Printing Office pursuant to this chapter must be deposited in a revolving account in the Legislative Fund.

      2.  Any balance remaining in the revolving account at the end of a fiscal year must not be reverted to the Legislative Fund.

      Sec. 32.  NRS 378.180 is hereby amended to read as follows:

      378.180  1.  Every state agency shall, upon release, deposit 12 copies of each of its state publications which was not printed by the State Printing [Division of the Department of Administration] Office with the State Publications Distribution Center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.

      2.  For each item printed by the State Printing [Division of the Department of Administration,] Office, 12 additional copies must be printed by the [Division,] State Printing Office, these to be collected by the State Publications Distribution Center and distributed to public libraries and libraries of the University and Community College System of Nevada within the State.

      3.  Every city, county and regional agency and every school district and special district shall, upon release, deposit with the State Publications Distribution Center at least six copies of each of its publications and a list of its publications for a calendar year.

      Sec. 33.  NRS 381.0035 is hereby amended to read as follows:

      381.0035  1.  The statutory requirements on the expenditure of public money in chapters 333, 338 [, 341 and 344] and 341 of NRS do not apply to the expenditure of private money.

      2.  The Board may authorize independent contractors which may be funded in whole or in part from private money.

      Sec. 34.  NRS 393.210 is hereby amended to read as follows:

      393.210  1.  [All] Except as otherwise provided in this section and NRS 344.050, all public printing required by the various school districts of this State [shall] must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment within the school district requiring the printing, if such a newspaper or printing establishment exists within the district.

      2.  If one or more bona fide newspapers or bona fide commercial printing establishments exist within the school district but none is adequately equipped to do [such printing, then] the printing, the printing [so required shall] must be placed [through a local] with a bona fide newspaper or bona fide commercial printing establishment [. This subsection does not require school districts to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing] in the State adequately equipped to do the printing.

      3.  Printing required by school districts [shall] must be done within the State, except that school district bonds and other evidences of indebtedness may be printed outside the State.

 


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      4.  Printing is required to be placed as provided in this section only if satisfactory services are rendered by all such printing establishments and reasonable charges are made therefor. [Reasonable charges are] As used in this subsection, “reasonable charges” means charges not in excess of the amount necessary to be paid for similar work in other printing establishments.

      Sec. 35.  NRS 396.620 is hereby amended to read as follows:

      396.620  1.  Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the Chancellor shall cause to be analyzed by an appropriate employee of the System any ores, minerals, soil or water taken from within the boundaries of the State of Nevada and sent by any resident of the State for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada residents. Any resident of the State may send any such substance for analysis. The report of the results of the analysis must be mailed to him within 10 working days after it has been received if he has supplied the information for the maintenance of records as provided in this section. The report sent to him must also contain as nearly as possible an explanation of the uses and market value of the substance.

      2.  For each sample sent for analysis, the System shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.

      3.  The System shall keep a record, open for inspection, under such rules as may be made by the Board of Regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information. This information for the records may be required to be filed with the System before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received by the System. [Forms] The System shall cause the preparation and printing of forms for providing the information [must be printed by the State Printing Division of the Department of Administration and distributed] and shall distribute the forms at no charge.

      4.  A portion of the sample analyzed must be kept by the System for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.

      Sec. 36.  NRS 533.140 is hereby amended to read as follows:

      533.140  1.  As soon as practicable after the expiration of the period fixed in which proofs may be filed, the State Engineer shall assemble all proofs which have been filed with him, and prepare , [and] certify and have printed an abstract of all such proofs . [, which must be printed in the State Printing Division of the Department of Administration.] The State Engineer shall also prepare from the proofs and evidence taken or given before him, or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

      2.  When the abstract of proofs and the preliminary order of determination is completed, the State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days.

 

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