Link to Page 1198

 

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ê2005 Statutes of Nevada, Page 1199 (Chapter 330, AB 464)ê

 

known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.

      Sec. 51.  NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes, is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny, theft if it is punishable as a felony, or pandering;

      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.465, 202.265, 202.287, 205.473 to 205.513, inclusive, [and] 205.610 to 205.810, inclusive, 370.380 or section 26, 27 or 28 of this act, or 465.070 to 465.085, inclusive.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

 


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ê2005 Statutes of Nevada, Page 1200 (Chapter 330, AB 464)ê

 

      Sec. 52.  1.  This section and sections 1 to 34, inclusive, 36 and 39 to 51, inclusive, of this act become effective upon passage and approval.

      2.  Sections 35 and 37 of this act become effective on January 1, 2006.

      3.  Section 38 of this act becomes effective on July 1, 2007.

________

 

CHAPTER 331, AB 501

Assembly Bill No. 501–Committee on Commerce and Labor

 

CHAPTER 331

 

AN ACT relating to contractors; prohibiting certain unfair business practices and other improper practices by contractors; extending the statute of limitations for certain misdemeanor offenses; revising provisions regarding certain financial statements submitted to the State Contractors’ Board; authorizing the Board to deny a license or take disciplinary action for certain criminal offenses committed in other jurisdictions; increasing the amount of administrative fines the Board may impose for certain violations; requiring the Board to establish standards for use by the Board in determining the amount of certain administrative fines; requiring the payment of interest on certain administrative fines; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The following acts, among others, are unfair business practices and constitute cause for disciplinary action under NRS 624.300:

      1.  When a contractor states that service, replacement parts, equipment or repairs are needed when such service, replacement parts, equipment or repairs actually are not needed.

      2.  When a contractor makes any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the contractor or to enter into any contract with the contractor or any obligation relating to such a contract.

      3.  When a contractor makes any false or misleading statement or representation of material fact that is intended, directly or indirectly, to disparage the goods, services or business of another person.

      Sec. 3.  For any violation of the provisions of this chapter that is punishable as a misdemeanor, an indictment must be found, or an information or complaint filed, within 2 years after the commission of the offense.

      Sec. 4.  NRS 624.263 is hereby amended to read as follows:

      624.263  1.  The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant.

 


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managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant.

      2.  The financial responsibility of an applicant for a contractor’s license or of a licensed contractor must be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

      (a) Net worth.

      (b) Amount of liquid assets.

      (c) Prior payment and credit records.

      (d) Previous business experience.

      (e) Prior and pending lawsuits.

      (f) Prior and pending liens.

      (g) Adverse judgments.

      (h) Conviction of a felony or crime involving moral turpitude.

      (i) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

      (j) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

             (1) A composition, arrangement or reorganization proceeding;

             (2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this State or the United States; or

             (3) The making of an assignment for the benefit of creditors.

      (k) Form of business organization, corporate or otherwise.

      (l) Information obtained from confidential financial references and credit reports.

      (m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

      3.  A licensed contractor shall, as soon as it is reasonably practicable, notify the Board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (j) of subsection 2. The written notice must be accompanied by:

      (a) A copy of the petition or application filed with the court; and

      (b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

      4.  Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the Board may require the applicant or licensee to establish his financial responsibility by submitting to the Board:

      (a) A financial statement [prepared] that is:

             (1) Prepared by a certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

 


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      5.  In addition to the requirements set forth in subsection 4, the Board may require a licensee to establish his financial responsibility at any time.

      6.  An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the Board, if the Board requests him to do so.

      Sec. 5.  NRS 624.264 is hereby amended to read as follows:

      624.264  1.  In addition to any other requirements set forth in this chapter, if an applicant will engage in residential construction and the applicant or the natural person qualifying on behalf of the applicant pursuant to NRS 624.260 has not held a contractor’s license issued pursuant to this chapter within the 2 years immediately preceding the date that the application is submitted to the Board, the Board shall require the applicant to establish his financial responsibility by submitting to the Board:

      (a) A financial statement that is [prepared] :

             (1) Prepared by an independent certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) Any other information required by the Board.

      2.  Before the Board may issue a contractor’s license to the applicant, the Board must determine whether, based on the financial information concerning the applicant, it would be in the public interest to do any or all of the following:

      (a) Require the applicant to obtain the services of a construction control with respect to any money that the applicant requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the applicant may not:

             (1) Be related to the construction control or to an employee or agent of the construction control; or

             (2) Hold, directly or indirectly, a financial interest in the business of the construction control.

      (b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the applicant may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

             (1) Shall determine the period that the limit is in effect; and

             (2) During that period, may increase or decrease the limit as the Board deems appropriate.

      3.  If the Board issues a contractor’s license to an applicant described in subsection 1, for the first 2 years after the issuance of the license, the licensee must submit to the Board, with each application for renewal of the license:

      (a) A financial statement that is [prepared] :

             (1) Prepared by an independent certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

 


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statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

      4.  Before the Board may renew the contractor’s license of the licensee, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:

      (a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:

             (1) Be related to the construction control or to an employee or agent of the construction control; or

             (2) Hold, directly or indirectly, a financial interest in the business of the construction control.

      (b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

             (1) Shall determine the period that the limit is in effect; and

             (2) During that period, may increase or decrease the limit as the Board deems appropriate.

      Sec. 6.  NRS 624.265 is hereby amended to read as follows:

      624.265  1.  An applicant for a contractor’s license or a licensed contractor and each officer, director, partner and associate thereof must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof, has:

      (a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;

      (b) A bad reputation for honesty and integrity;

      (c) Entered a plea of nolo contendere or guilty to, been found guilty of or been convicted , in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

      (d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

      2.  Upon the request of the Board, an applicant for a contractor’s license, and any officer, director, partner or associate of the applicant, must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of his fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicant’s fingerprints may be taken by an agent of the Board or an agency of law enforcement.

      3.  The Board shall keep the results of the investigation confidential and not subject to inspection by the general public.

      4.  The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

 


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ê2005 Statutes of Nevada, Page 1204 (Chapter 331, AB 501)ê

 

the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      5.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

Ê for the investigation of a licensee or an applicant for a contractor’s license.

      Sec. 7.  NRS 624.283 is hereby amended to read as follows:

      624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

      2.  A license may be renewed by submitting to the Board:

      (a) An application for renewal;

      (b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person;

      (c) The fee for renewal fixed by the Board; and

      (d) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450.

      3.  The Board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

      (a) A financial statement that is [prepared] :

             (1) Prepared by an independent certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.

      4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the Board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractor’s license.

 


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ê2005 Statutes of Nevada, Page 1205 (Chapter 331, AB 501)ê

 

      Sec. 8.  NRS 624.283 is hereby amended to read as follows:

      624.283  1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

      2.  A license may be renewed by submitting to the Board:

      (a) An application for renewal;

      (b) The fee for renewal fixed by the Board; and

      (c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450.

      3.  The Board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

      (a) A financial statement that is [prepared] :

             (1) Prepared by an independent certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.

      4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the Board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractor’s license.

      Sec. 9.  NRS 624.300 is hereby amended to read as follows:

      624.300  1.  Except as otherwise provided in subsections 3 and 4, the Board may:

      (a) Suspend or revoke licenses already issued;

      (b) Refuse renewals of licenses;

      (c) Impose limits on the field, scope and monetary limit of the license;

      (d) Impose an administrative fine of not more than $10,000;

      (e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

      (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

             (1) Perform the corrective work himself;

             (2) Hire and pay another licensee to perform the corrective work; or

             (3) Pay to the owner of the construction project a specified sum to correct the condition; or

      (g) Issue a public reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

 


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ê2005 Statutes of Nevada, Page 1206 (Chapter 331, AB 501)ê

 

Ê if the licensee commits any act which constitutes a cause for disciplinary action.

      2.  If the Board suspends or revokes the license of a contractor for failure to establish financial responsibility, the Board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the Board, not to exceed 12 months, be separately covered by a bond or bonds approved by the Board and conditioned upon the performance of and the payment of labor and materials required by the contract.

      3.  If a licensee violates the provisions of NRS 624.3014 , [or] subsection 2 or 3 of NRS 624.3015, subsection 1 of NRS 624.302 or subsection 1 of NRS 624.305, the Board may impose for each violation an administrative fine [of] in an amount that is not more than [$20,000.] $50,000. The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this subsection. The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the licensee; and

      (c) Any history of previous violations of the provisions of this chapter committed by the licensee.

      4.  If a licensee is prohibited from being awarded a contract for a public work pursuant to NRS 338.017, the Board may suspend the license of the licensee for the period of the prohibition.

      5.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the Board from taking disciplinary action.

      6.  If the Board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the Board from taking disciplinary action pursuant to this section.

      7.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      8.  The Board shall not issue a private reprimand to a licensee.

      9.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      10.  An administrative fine imposed pursuant to this section, NRS 624.341 or 624.710 plus interest at a rate that is equal to the prime rate at the largest bank in this State, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as appropriate, immediately preceding the date of the order imposing the administrative fine, plus 4 percent, must be paid to the Board before the issuance or renewal of a license to engage in the business of contracting in this State. The interest must be collected from the date of the order until the date the administrative fine is paid.

      11.  All fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

 


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ê2005 Statutes of Nevada, Page 1207 (Chapter 331, AB 501)ê

 

      Sec. 10.  NRS 624.3016 is hereby amended to read as follows:

      624.3016  The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.

      2.  A conviction of a violation of NRS 624.730, or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.

      3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

      4.  Failure to give a notice required by NRS 108.227, 108.245 or 108.246.

      5.  Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the Board governing contracts for the construction of residential pools and spas.

      6.  Failure to comply with NRS 624.600.

      7.  Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

      8.  Failure to pay an assessment required pursuant to NRS 624.470.

      9.  Failure to file a certified payroll report that is required for a contract for a public work.

      10.  Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.

      Sec. 11.  NRS 624.323 is hereby amended to read as follows:

      624.323  1.  In addition to any other requirements set forth in this chapter, if an investigation is conducted against a licensee and the Board determines that there is cause to proceed with a formal disciplinary proceeding against the licensee, the Board shall require the licensee to submit to the Board:

      (a) A financial statement that is [prepared] :

             (1) Prepared by an independent certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

      2.  After providing the licensee with notice and an opportunity to be heard, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:

      (a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:

             (1) Be related to the construction control or to an employee or agent of the construction control; or

 


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ê2005 Statutes of Nevada, Page 1208 (Chapter 331, AB 501)ê

 

             (2) Hold, directly or indirectly, a financial interest in the business of the construction control.

      (b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

             (1) Shall determine the period that the limit is in effect; and

             (2) During that period, may increase or decrease the limit as the Board deems appropriate.

      3.  The provisions of this section do not limit the authority of the Board to take disciplinary action against the licensee.

      Sec. 12.  NRS 624.710 is hereby amended to read as follows:

      624.710  1.  If any person violates the provisions of subsection 1 of NRS 624.700, the Board may impose for each violation an administrative fine [of] in an amount that is not less than $1,000 [nor] and not more than [$10,000 for each violation.] $50,000.

      2.  [An] The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section . [is] The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the person; and

      (c) Any history of previous violations of the provisions of this chapter committed by the person.

      3.  An administrative fine imposed pursuant to this section is in addition to any other penalty imposed pursuant to this chapter.

      [3.] 4.  If the administrative fine and any interest imposed pursuant to NRS 624.300 is not paid when due, the fine and interest, if any, must be recovered in a civil action brought by the Attorney General on behalf of the Board.

      [4.] 5.  All administrative fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

      Sec. 13.  NRS 624.720 is hereby amended to read as follows:

      624.720  1.  It is unlawful for any person, including a person exempt under the provisions of NRS 624.031, to advertise as a contractor unless he has a license in the appropriate classification established by the provisions of NRS 624.215 and 624.220.

      2.  It is unlawful for a licensed contractor to disseminate, as part of any advertising by the contractor, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the contractor or to enter into any contract with the contractor or any obligation relating to such a contract.

      3.  All advertising by a licensed contractor must include the name of his company and the number of his license.

      [3.] 4.  If, after giving notice and holding a hearing pursuant to NRS 624.291, the Board determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to:

 


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provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to:

      (a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

      (b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

      [4.] 5.  If a person fails to comply with paragraph (a) of subsection [3] 4 within 5 days after the date that he receives an order pursuant to subsection [3,] 4, the Board may request the Public Utilities Commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection [3] 4 within 5 days after the date he receives an order pursuant to subsection [3,] 4, the Board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

      [5.] 6.  If the provider of paging services receives a request from a person pursuant to subsection [3] 4 or a request from the Board pursuant to subsection [4,] 5, it shall:

      (a) Disconnect the paging service to the person; or

      (b) Switch the beeper number of the paging service provided to the person.

Ê If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

      [6.] 7.  As used in this section:

      (a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “contractor” with or without any limiting qualifications.

      (b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

      (c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.

      (d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      Sec. 14.  NRS 171.090 is hereby amended to read as follows:

      171.090  Except as otherwise provided in NRS 171.095 and 202.885, and section 3 of this act, an indictment for:

      1.  A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.

      2.  Any other misdemeanor must be found, or an information or complaint filed, within 1 year after the commission of the offense.

      Sec. 15.  NRS 171.095 is hereby amended to read as follows:

      171.095  1.  Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

 


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ê2005 Statutes of Nevada, Page 1210 (Chapter 331, AB 501)ê

 

      (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 and section 3 of this act after the discovery of the offense, unless a longer period is allowed by paragraph (b) or the provisions of NRS 202.885.

      (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:

             (1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or

             (2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.

      2.  If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

      Sec. 16.  1.  Except as otherwise provided in subsection 2, the provisions of this act do not apply to any acts, omissions, violations or offenses committed before the effective date of this act.

      2.  The provisions of this section do not prohibit the State Contractors’ Board from denying an application for a license pursuant to chapter 624 of NRS based on a criminal conviction for an offense committed before the effective date of this act.

      Sec. 17.  1.  This section and sections 1 to 7, inclusive, and 9 to 16, inclusive, of this act become effective upon passage and approval.

      2.  The provisions of section 7 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Section 8 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

 


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ê2005 Statutes of Nevada, Page 1211ê

 

CHAPTER 332, SB 234

Senate Bill No. 234–Senator Lee

 

CHAPTER 332

 

AN ACT relating to the Judicial Department; revising the qualifications for justices of the Supreme Court, district judges and justices of the peace; urging the Supreme Court to conduct a study of the need for the establishment of an intermediate appellate court in this State; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 2.020 is hereby amended to read as follows:

      2.020  1.  A person [shall] may not be a candidate for or be eligible to the office of justice of the Supreme Court:

      (a) Unless he has attained the age of 25 years.

      (b) Unless he is an attorney licensed and admitted to practice law in the courts of this State [.] at the time of his election or appointment.

      (c) Unless he has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 15 years at any time preceding his election or appointment, at least 2 years of which has been in this State.

      (d) Unless he is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.

      [(d)] (e) If he has ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.

      2.  For the purposes of this section, a person [shall not be ineligible] is eligible to be a candidate for the office of justice of the Supreme Court if a decision to remove or retire him from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

      Sec. 2.  NRS 3.060 is hereby amended to read as follows:

      3.060  1.  A person [shall] may not be a candidate for or be eligible to the office of district judge:

      (a) Unless he has attained the age of 25 years.

      (b) Unless he is an attorney licensed and admitted to practice law in the courts of this State [.] at the time of his election or appointment.

      (c) Unless he has been an attorney licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for a total of not less than 10 years at any time preceding his election or appointment, at least 2 years of which has been in this State.

      (d) Unless he is a qualified elector and has been a bona fide resident of this State for 2 years next preceding the election or appointment.

      [(d)] (e) If he has ever been removed from any judicial office by the Legislature or removed or retired from any judicial office by the Commission on Judicial Discipline.

      2.  For the purposes of this section, a person [shall not be ineligible] is eligible to be a candidate for the office of district judge if a decision to remove or retire him from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

 


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ê2005 Statutes of Nevada, Page 1212 (Chapter 332, SB 234)ê

 

remove or retire him from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

      Sec. 3.  NRS 4.010 is hereby amended to read as follows:

      4.010  1.  A person [shall] may not be a candidate for or be eligible to the office of justice of the peace unless he is a qualified elector and has never been removed or retired from any judicial office by the Commission on Judicial Discipline. For the purposes of this subsection, a person [shall not be ineligible] is eligible to be a candidate for the office of justice of the peace if a decision to remove or retire him from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

      2.  A justice of the peace must have a high school diploma or its equivalent as determined by the State Board of Education and:

      (a) In a county whose population is 400,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this State [.] at the time of his election or appointment and has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his election or appointment.

      (b) In a county whose population is less than 400,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this State [.] at the time of his election or appointment and has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his election or appointment.

      3.  Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, [1999.] 2001.

      Sec. 4.  1.  The Legislature hereby finds and declares that:

      (a) The State of Nevada continues to have the highest rate of population growth in the country;

      (b) The growth in population has also caused the volume of cases filed in the courts of this State to grow exponentially;

      (c) This increased caseload has placed a large burden on the Nevada Supreme Court to review and decide appeals from the lower courts;

      (d) The burden on the judiciary has caused concern about the adequacy of the current judicial structure;

      (e) The Legislature has a duty to provide for the funding of the State, including for a portion of the funding for the courts in this State; and

      (f) To ensure its ability to appropriately budget and provide for the needs of the Judicial Branch of State Government, it would be beneficial to the Legislature if the Nevada Supreme Court would conduct a study and submit a report of the study with recommendations to the 74th Session of the Nevada Legislature analyzing whether the State of Nevada would benefit from the establishment of an intermediate appellate court which includes consideration of:

             (1) The increase in the number of cases submitted to each level of court in this State during the last 5 years;

             (2) The effect that the establishment of an intermediate appellate court would have on the other courts in this State;

             (3) The impact that the establishment of an intermediate appellate court would have on the judicial process in this State; and

 


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ê2005 Statutes of Nevada, Page 1213 (Chapter 332, SB 234)ê

 

             (4) Any other matter relevant to the consideration of the establishment of an intermediate appellate court in this State.

      2.  If the Nevada Supreme Court recommends the establishment of an intermediate appellate court in this State, it would be beneficial for the study and report to include an analysis of:

      (a) The appropriate number, qualifications and terms of judges who would serve on such a court;

      (b) The facilities and staff that would be necessary for such a court;

      (c) The jurisdiction to be assigned to such a court;

      (d) The manner in which such a court would be integrated into the Judicial Branch of State Government; and

      (e) The cost of establishing an intermediate appellate court and the fiscal impact that creating such a court would have on the other courts in this State.

      Sec. 5.  The amendatory provisions of this act do not abrogate or affect the current term of office of any justice of the Supreme Court, district judge or justice of the peace who is serving in that office on October 1, 2005.

________

 

CHAPTER 333, AB 84

Assembly Bill No. 84–Assemblymen McCleary, Leslie, Parks, Manendo, Munford, Atkinson and Pierce

 

CHAPTER 333

 

AN ACT relating to public welfare; exempting homeless persons from paying certain fees to obtain replacements of certain forms of identifying information; creating an exception to the duty to remit certain fees to the State Registrar of Vital Statistics for a person or governmental organization that issues a certified or official copy of a certificate of birth to a homeless person under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 440.175 is hereby amended to read as follows:

      440.175  1.  Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.

      2.  No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:

      (a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.

      (b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.

      (c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.

      3.  A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall [remit] :

 


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ê2005 Statutes of Nevada, Page 1214 (Chapter 333, AB 84)ê

 

      (a) Not charge a fee for issuing a certified or official copy of a certificate of birth to a homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.

      (b) Remit to the State Registrar:

      [(a)] (1) For each registration of a birth or death in its district, $2.

      [(b)] (2) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a) of this subsection, $7.

      [(c)] (3) For each copy issued of a certificate of death in its district, $1.

      Sec. 2.  NRS 440.700 is hereby amended to read as follows:

      440.700  1.  [The] Except as otherwise provided in this section, 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................................................ 10

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

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 State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to a homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.

      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.

 


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ê2005 Statutes of Nevada, Page 1215 (Chapter 333, AB 84)ê

 

      [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. 3.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  1.  The Department shall waive the fee prescribed by NRS 483.410 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate driver’s license to a homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.

      2.  A vendor that has entered into an agreement with the Department to produce photographs for drivers’ licenses pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person for a duplicate driver’s license.

      3.  If the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate driver’s license furnished to a homeless person pursuant to subsection 1, the homeless person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the homeless person:

      (a) Applies to the Department for the renewal of his driver’s license; and

      (b) Is employed at the time of such application.

      4.  The Department may accept gifts, grants and donations of money to fund the provision of duplicate drivers’ licenses without a fee to homeless persons.

      Sec. 5.  1.  The Department shall waive the fee prescribed by NRS 483.820 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate identification card to a homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.

      2.  A vendor that has entered into an agreement with the Department to produce photographs for identification cards pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person for a duplicate identification card.

      3.  If the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate identification card furnished to a homeless person pursuant to subsection 1, the homeless person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the homeless person:

      (a) Applies to the Department for the renewal of his identification card; and

      (b) Is employed at the time of such application.

      4.  The Department may accept gifts, grants and donations of money to fund the provision of duplicate identification cards without a fee to homeless persons.

      5.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

 


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ê2005 Statutes of Nevada, Page 1216 (Chapter 333, AB 84)ê

 

      Sec. 6.  NRS 483.010 is hereby amended to read as follows:

      483.010  The provisions of NRS 483.010 to 483.630, inclusive, and section 4 of this act may be cited as the Uniform Motor Vehicle Drivers’ License Act.

      Sec. 7.  NRS 483.015 is hereby amended to read as follows:

      483.015  Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 4 of this act apply only with respect to noncommercial drivers’ licenses.

      Sec. 8.  NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 483.347 is hereby amended to read as follows:

      483.347  1.  Except as otherwise provided in subsection 2, the Department shall issue a rectangular-shaped driver’s license which bears a front view colored photograph of the licensee. The photograph and any information included on the license must be placed in a manner which ensures that:

      (a) If the licensee is 21 years of age or older, the longer edges of the rectangle serve as the top and bottom of the license; or

      (b) If the licensee is under 21 years of age, the shorter edges of the rectangle serve as the top and bottom of the license.

      2.  The Department may issue a temporary driver’s license without a photograph of the licensee if the licensee is temporarily absent from this State and requests the renewal of, the issuance of a duplicate of, or a change in the information on, his driver’s license. If the licensee returns to this State for 14 continuous days or more, the licensee shall, within 24 days after the date of his return, surrender the temporary license and obtain a license which bears his photograph in accordance with subsection 1. A licensee charged with violating the provisions of this subsection may not be convicted if he surrenders the temporary license, obtains a license which bears his photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.

      3.  The Department shall:

      (a) Establish a uniform procedure for the production of drivers’ licenses, applicable to renewal as well as to original licenses.

      (b) [By] Except as otherwise provided in sections 4 and 5 of this act, by regulation, increase the fees provided in NRS 483.410, 483.820 and 483.910 as necessary to cover the actual cost of production of photographs for drivers’ licenses and identification cards. The increase must be deposited in the State Treasury for credit to the Motor Vehicle Fund and must be allocated to the Department to defray the increased costs of producing the drivers’ licenses required by this section.

      Sec. 10.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  Except as otherwise provided in subsection 6 [,] and section 4 of this act, for every driver’s license, including a motorcycle driver’s license, issued and service performed, the following fees must be charged:

 

A license issued to a person 65 years of age or older......................... $14

An original license issued to any other person....................................... 19

 


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ê2005 Statutes of Nevada, Page 1217 (Chapter 333, AB 84)ê

 

A renewal license issued to any other person....................................... $19

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] Except as otherwise provided in section 4 of this act, 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. 11.  NRS 483.530 is hereby amended to read as follows:

      483.530  1.  Except as otherwise provided in subsection 2, it is a misdemeanor for any person:

      (a) To display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained driver’s license;

      (b) To alter, forge, substitute, counterfeit or use an unvalidated driver’s license;

      (c) To lend his driver’s license to any other person or knowingly permit the use thereof by another;

      (d) To display or represent as one’s own any driver’s license not issued to him;

      (e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any driver’s license which has been suspended, revoked or cancelled;

      (f) To permit any unlawful use of a driver’s license issued to him;

 


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ê2005 Statutes of Nevada, Page 1218 (Chapter 333, AB 84)ê

 

      (g) To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive [;] , and section 4 of this act; or

      (h) To photograph, photostat, duplicate or in any way reproduce any driver’s license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.

      2.  Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a driver’s license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.

      Sec. 12.  NRS 483.620 is hereby amended to read as follows:

      483.620  It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and section 4 of this act, unless such violation is, by NRS 483.010 to 483.630, inclusive, and section 4 of this act, or other law of this State, declared to be a felony.

      Sec. 13.  NRS 483.630 is hereby amended to read as follows:

      483.630  NRS 483.010 to 483.630, inclusive, and section 4 of this act shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.

      Sec. 14.  NRS 483.820 is hereby amended to read as follows:

      483.820  1.  A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and section 5 of this act is entitled to receive an identification card if he is:

      (a) A resident of this State and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or

      (b) A seasonal resident who does not hold a valid Nevada driver’s license.

      2.  [The] Except as otherwise provided in section 5 of this act, the Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:

 

An original or duplicate identification card issued to a person 65 years of age or older           $4

An original or duplicate identification card issued to a person under 18 years of age              3

A renewal of an identification card for a person under 18 years of age..... 3

An original or duplicate identification card issued to any other person 9

A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age         9

A new photograph or change of name, or both....................................... 4

 

      3.  The Department shall not charge a fee for:

 


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ê2005 Statutes of Nevada, Page 1219 (Chapter 333, AB 84)ê

 

      (a) An identification card issued to a person who has voluntarily surrendered his driver’s license pursuant to NRS 483.420; or

      (b) A renewal of an identification card for a person 65 years of age or older.

      4.  [The] Except as otherwise provided in section 5 of this act, the increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      5.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

      Sec. 15.  The Department of Motor Vehicles shall:

      1.  Encourage each vendor that has entered into an agreement with the Department to produce photographs for drivers’ licenses and identification cards pursuant to NRS 483.347 to waive the cost it charges the Department to produce photographs for duplicate drivers’ licenses or identification cards furnished to homeless persons pursuant to subsection 2 of section 4 of this act and subsection 2 of section 5 of this act.

      2.  Prepare a report concerning the provision of duplicate drivers’ licenses and identification cards without a fee to homeless persons and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Nevada Legislature.

      Sec. 16.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 334, AB 169

Assembly Bill No. 169–Assemblymen Denis, McCleary, Manendo, Smith, Hardy, Anderson, Atkinson, Buckley, Christensen, Gansert, Gerhardt, Giunchigliani, Goicoechea, Hogan, Horne, Kirkpatrick, Koivisto, Marvel, Munford, Oceguera, Pierce, Sherer and Weber

 

Joint Sponsors: Senators Carlton, Titus, Hardy, Heck and Lee

 

CHAPTER 334

 

AN ACT relating to motor vehicles; requiring the owner of a vehicle abandoned on public lands to remove or cause the removal of that vehicle; setting forth the circumstances under which the owner of an abandoned vehicle may rebut the presumption that he abandoned the vehicle; allowing a card authorizing a dealer of motor vehicles to bid to purchase a vehicle from an operator of a salvage pool to be issued to a salesman who is employed by the dealer; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a sheriff’s office or other law enforcement agency discovers that, or receives notification that, a vehicle has been abandoned on public lands, the sheriff’s office or other law enforcement agency shall:

 


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ê2005 Statutes of Nevada, Page 1220 (Chapter 334, AB 169)ê

 

      (a) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the owner of the vehicle; and

      (b) If the vehicle has not been reported as stolen and the sheriff’s office or other law enforcement agency is able to determine the identity of the owner of the vehicle, notify the Department of those facts.

      2.  Upon the receipt of a notice from a sheriff’s office or other law enforcement agency pursuant to paragraph (b) of subsection 1 and if the registration of the vehicle has not expired, the Department shall send by registered or certified mail, return receipt requested, a written notice to the owner of the vehicle stating that the owner must remove or cause the vehicle to be removed from the public lands within 30 days after the date on which the notice was sent.

      3.  If an owner receives a notice pursuant to subsection 2, the owner may submit to the Department an affidavit which states that the owner has taken action which meets the requirements of paragraph (a) or (b) of subsection 2 of NRS 487.220. If the owner submits such an affidavit, the Department:

      (a) Shall maintain a record of the affidavit; and

      (b) Shall not suspend the registration of each vehicle currently registered to that owner as otherwise required by subsection 4.

      4.  If an owner:

      (a) Receives a notice pursuant to subsection 2;

      (b) Fails to remove or cause the vehicle to be removed within the 30-day period set forth in that notice; and

      (c) Does not submit an affidavit as described in subsection 3,

Ê the Department shall suspend the registration of each vehicle currently registered to the owner pursuant to chapter 482 of NRS. For the purposes of this subsection, the determination of the sheriff’s office or other law enforcement agency that notified the Department pursuant to paragraph (b) of subsection 1 is conclusive as to whether the abandoned vehicle was removed within the 30-day period.

      5.  If the registration of a vehicle is suspended pursuant to subsection 4, the Department shall reinstate the registration upon receipt from the registered owner of the vehicle of:

      (a) An affidavit setting forth that he caused the removal and disposition of, or proof that he paid the cost of removal and disposition of, the vehicle discovered abandoned upon public lands; and

      (b) If applicable, proof that he redeemed any lien placed pursuant to NRS 487.270 on the vehicle discovered abandoned on public lands.

      6.  If a sheriff’s office or other law enforcement agency is notified by a person or another governmental entity that a vehicle has been abandoned on public lands, the sheriff’s office or other law enforcement agency shall, insofar as practicable and authorized by law, inform the person or entity making such notification of the actions taken by the sheriff’s office or other law enforcement agency pursuant to this section.

      Sec. 2.  NRS 487.210 is hereby amended to read as follows:

      487.210  As used in NRS 487.220 to 487.300, inclusive, and section 1 of this act, unless the context otherwise requires [, “abandoned] :

      1.  “Abandoned vehicle” means a vehicle:

 


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ê2005 Statutes of Nevada, Page 1221 (Chapter 334, AB 169)ê

 

      [1.] (a) If the vehicle is discovered upon public lands, that the owner has discarded.

      (b) If the vehicle is discovered upon public or private property other than public lands:

             (1) That the owner has discarded; or

      [2.] (2) Which has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250.

      2.  “Public lands” has the meaning ascribed to it in NRS 321.5963.

      Sec. 3.  NRS 487.220 is hereby amended to read as follows:

      487.220  1.  Every person who abandons a vehicle is responsible for the cost of removal and disposition of [such] the vehicle.

      2.  An abandoned vehicle is presumed to have been abandoned by the registered owner thereof. [The] Except as otherwise provided in section 1 of this act, the registered owner may [not] rebut this presumption by showing that [he] :

      (a) He transferred his interest in the abandoned vehicle [unless he complied with] :

             (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive [.] ; or

             (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

      (b) The vehicle was stolen, if he submits evidence that, before the discovery of the vehicle, he filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

      Sec. 4.  NRS 487.230 is hereby amended to read as follows:

      487.230  1.  [Any] Except as otherwise provided in section 1 of this act, any sheriff, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the Manufactured Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or policeman of a city or town, or a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request, if the vehicle is removed from public property.

             (2) The owner or person in possession or control of the property, if the vehicle is removed from private property.

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

 


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ê2005 Statutes of Nevada, Page 1222 (Chapter 334, AB 169)ê

 

available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

      Sec. 5.  NRS 487.475 is hereby amended to read as follows:

      487.475  1.  A card authorizing a dealer of new or used motor vehicles or a rebuilder to bid to purchase a vehicle from an operator of a salvage pool must contain:

      (a) The dealer’s or rebuilder’s name and signature;

      (b) His business name;

      (c) His business address;

      (d) His business license number issued by the Department; and

      (e) A picture of the dealer or rebuilder.

      2.  A dealer or rebuilder may obtain one or two cards for his business. If a dealer obtains two cards for his business, one of the cards may be issued to a salesman who is an employee of the dealer and who is:

      (a) Licensed pursuant to NRS 482.362; and

      (b) Acting as an agent for the dealer in the purchase of a vehicle from an operator of a salvage pool.

      3.  The Department shall charge a fee of $50 for each card issued.

      4.  A card issued pursuant to this section expires on December 31 of the year in which it was issued. The dealer or rebuilder must submit to the Department an application for renewal accompanied by a renewal fee of $25 for each card. The application must be made on a form provided by the Department and contain such information as the Department requires.

      5.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.

________

 

CHAPTER 335, AB 193

Assembly Bill No. 193–Assemblywoman Kirkpatrick

 

CHAPTER 335

 

AN ACT relating to contractors; providing that certain owners of planned unit developments are not contractors; providing that such owners are subject to certain rights and duties with respect to contracts and subcontracts; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

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 provisions of this act shall not be construed as impairing or otherwise affecting:

      1.  The right of a person to bring an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive; or

      2.  The rights, remedies, obligations, duties and liabilities set forth in the provisions of NRS 624.606 to 624.630, inclusive.

 


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      Sec. 2.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 4.5, inclusive, of this act.

      Sec. 3.  “Planned unit development” has the meaning ascribed to it in NRS 278A.065.

      Sec. 3.5.  “Work of improvement” has the meaning ascribed to it in NRS 108.22188.

      Sec. 4.  1.  “Owner” means an owner or lessee of real property or any improvements thereon who enters into an oral or written agreement with a prime contractor pursuant to which the prime contractor agrees to provide work, materials or equipment for a work of improvement.

      2.  The term includes, without limitation, an owner of a planned unit development who enters into one or more oral or written agreements to construct a work of improvement in the planned unit development in the manner described in subsection 5 of NRS 624.020.

      Sec. 4.5.  “Prime contractor” means a contractor who enters into an oral or written agreement with an owner pursuant to which the prime contractor agrees to provide work, materials or equipment for a work of improvement.

      Sec. 5.  NRS 624.006 is hereby amended to read as follows:

      624.006  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 624.010 to 624.024, inclusive, and sections 3 and 3.5 of this act, have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 624.020 is hereby amended to read as follows:

      624.020  1.  “Contractor” is synonymous with “builder.”

      2.  A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this State as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.

      3.  A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.

      4.  A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.

      5.  A contractor does not include an owner of a planned unit development who enters into one or more oral or written agreements with one or more general building contractors or general engineering contractors to construct a work of improvement in the planned unit development if the general building contractors or general engineering contractors are licensed pursuant to this chapter and contract with the owner of the planned unit development to construct the entire work of improvement.

 


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contractors are licensed pursuant to this chapter and contract with the owner of the planned unit development to construct the entire work of improvement.

      Sec. 7.  NRS 624.606 is hereby amended to read as follows:

      624.606  As used in NRS 624.606 to 624.630, inclusive, and sections 4 and 4.5 of this act, the words and terms defined in NRS 624.607 and 624.608 and sections 4 and 4.5 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 624.620 is hereby amended to read as follows:

      624.620  1.  Except as otherwise provided in this section, any money remaining unpaid for the construction of a work of improvement is payable to the contractor within 30 days after:

      (a) Occupancy or use of the work of improvement by the owner or by a person acting with the authority of the owner; or

      (b) The availability of a work of improvement for its intended use. The contractor must have given a written notice of availability to the owner on or before the day on which he claims that the work of improvement became available for use or occupancy.

      2.  If the owner has complied with subsection 3, the owner may:

      (a) Withhold payment for the amount of:

             (1) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is sought;

             (2) The costs and expenses reasonably necessary to correct or repair any work that is not materially in compliance with the contract to the extent that such costs and expenses exceed 50 percent of the amount of retention being withheld pursuant to the terms of the contract; and

             (3) Money the owner has paid or is required to pay pursuant to an official notice from a state agency, or employee benefit trust fund, for which the owner is liable for the contractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS.

      (b) Require, as a condition precedent to the payment of any unpaid amount under the construction contract, that lien releases be furnished by the contractor’s subcontractors, suppliers or employees. For purposes of this paragraph:

             (1) If the amount due is paid with a check or is not paid concurrently with the owner’s receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and

             (2) The lien releases must be limited to the amount of the payment received.

      3.  If, pursuant to paragraph (a) of subsection 2, an owner intends to withhold any amount from a payment to be made to a contractor, the owner must, on or before the date the payment is due, give written notice to the contractor of any amount that will be withheld. The written notice must:

      (a) Identify the amount that will be withheld from the contractor;

      (b) Give a reasonably detailed explanation of the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, and any documents relating thereto, and the applicable building code, law or regulation with which the contractor has failed to comply; and

      (c) Be signed by an authorized agent of the owner.

 


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ê2005 Statutes of Nevada, Page 1225 (Chapter 335, AB 193)ê

 

      4.  A contractor who receives a notice pursuant to subsection 3 may provide written notice to the owner of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the contractor. If an owner receives a written notice from the contractor of the correction of a condition described in an owner’s notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:

      (a) Pay the amount withheld by the owner for that condition; or

      (b) Object to the scope and manner of the correction of the condition in a written statement that sets forth the reason for the objection and complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the contractor, along with payment made pursuant to the contractor’s next payment request, the amount withheld for the correction of conditions to which the owner no longer objects.

      5.  The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For projects which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the contractor.

      6.  Unless otherwise provided in the construction contract, any money which is payable to a contractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the largest bank in this State, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding:

      (a) The time the contract was signed; or

      (b) If the contract was oral, the time the terms of the contract were agreed to by the parties,

Ê plus 2 percent.

      7.  This section does not apply to:

      (a) Any residential building; or

      (b) Public works.

      [8.  As used in this section, unless the context otherwise requires, “work of improvement” has the meaning ascribed to it in NRS 108.22188.]

      Sec. 9.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 336, AB 19

Assembly Bill No. 19–Assemblymen Parks and Hardy

 

CHAPTER 336

 

AN ACT relating to deceptive trade practices; prohibiting the issuance of a gift certificate that contains an expiration date under certain circumstances; prohibiting the issuer of a gift certificate from charging certain fees to the buyer or holder of a gift certificate under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1226 (Chapter 336, AB 19)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person engages in a “deceptive trade practice” if, in the course of his business or occupation:

      (a) He issues a gift certificate that expires on a certain date, unless either of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

             (1) The expiration date of the gift certificate; or

             (2) A toll-free telephone number accompanied by a statement setting forth that the buyer or holder of the gift certificate may call the telephone number to obtain the balance of the gift certificate and the expiration date of the gift certificate;

      (b) He imposes upon the buyer or holder of a gift certificate a service fee, unless each of the following is printed plainly and conspicuously on the front or back of the gift certificate in at least 10-point font and in such a manner that the print is readily visible to the buyer of the gift certificate before the buyer purchases the gift certificate:

             (1) The amount of the service fee;

             (2) The event or events that will cause the service fee to be imposed;

             (3) The frequency with which the service fee will be imposed; and

             (4) If the service fee will be imposed on the basis of inactivity, the duration of inactivity that will cause the service fee to be imposed; or

      (c) Regardless of the notice provided, he imposes upon the buyer or holder of a gift certificate:

             (1) A service fee or a combination of service fees that exceed a total of $1 per month; or

             (2) A service fee that commences or is imposed within the first 12 months after the issuance of the gift certificate.

      2.  The provisions of this section do not apply to:

      (a) A gift certificate that is issued as part of an award, loyalty, promotional, rebate, incentive or reward program and for which issuance the issuer does not receive money or any other thing of value;

      (b) A gift certificate that is sold at a reduced price to an employer or nonprofit or charitable organization, if the expiration date of the gift certificate is not more than 30 days after the date of sale; and

      (c) A gift certificate that is issued by an establishment licensed pursuant to the provisions of chapter 463 of NRS.

      3.  As used in this section:

      (a) “Gift certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument. The term does not include:

 


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ê2005 Statutes of Nevada, Page 1227 (Chapter 336, AB 19)ê

 

             (1) An instrument or record for prepaid telecommunications or technology services, including, without limitation, a card for prepaid telephone services, a card for prepaid technical support services and an instrument for prepaid Internet service purchased or otherwise distributed to a consumer of such services, including, without limitation, as part of an award, loyalty, promotional or reward program; or

             (2) An instrument or record, by whatever name called, that may be used to obtain goods or services from more than one person or business entity, if the expiration date is printed plainly and conspicuously on the front or back of the instrument or record.

      (b) “Issue” means to sell or otherwise provide a gift certificate to any person and includes, without limitation, adding value to an existing gift certificate.

      (c) “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium, including, without limitation, information stored on a microprocessor chip or magnetic strip, and is retrievable in perceivable form.

      (d) “Service fee” means any charge or fee other than the charge or fee imposed for the issuance of the gift certificate, including, without limitation, a service fee imposed on the basis of inactivity or any other type of charge or fee imposed after the sale of the gift certificate.

      Sec. 2.  NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 598.0955 is hereby amended to read as follows:

      598.0955  1.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      Sec. 4.  NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and section 1 of this act may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act to particular persons or circumstances.

 


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ê2005 Statutes of Nevada, Page 1228 (Chapter 336, AB 19)ê

 

provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act to particular persons or circumstances.

      2.  Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).

      Sec. 5.  NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

      2.  If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he may order the violator to:

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and section 1 of this act; and

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      3.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

      4.  If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      5.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

 


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ê2005 Statutes of Nevada, Page 1229 (Chapter 336, AB 19)ê

 

      (b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

      (c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

      6.  An order issued pursuant to subsection 5 may include:

      (a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

      (b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      7.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      8.  Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 6.  NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

 


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ê2005 Statutes of Nevada, Page 1230 (Chapter 336, AB 19)ê

 

or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 7.  The provisions of this act apply only to gift certificates issued on or after October 1, 2005.

________

 

CHAPTER 337, SB 358

Senate Bill No. 358–Senators Beers and Nolan

 

Joint Sponsors: Assemblymen Christensen, Allen, Mabey and Sibley

 

CHAPTER 337

 

AN ACT relating to the taxation of property; revising the provisions governing the assessment of ad valorem taxes and special assessments upon the property in a common-interest community; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

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.  The organization of real property into any form of a common-interest community creates a uniform set of circumstances for the purposes of assessment and taxation which differ from those regarding other forms of ownership in which there is no similar commonality of interest, in that the value of the common elements of each type of common-interest community is necessarily represented in the separate valuation of each individual unit within such a community;

      2.  By virtue of their payment of the taxes and special assessments imposed upon the value of their individual units in a common-interest community, the owners of those units pay taxes and special assessments upon the value of the common elements of the community; and

 


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ê2005 Statutes of Nevada, Page 1231 (Chapter 337, SB 358)ê

 

      3.  Since the common elements of a common-interest community are therefore collectively taxed through the separate assessment and taxation of the individual units of the community, any additional assessment and taxation of the common elements of the community constitutes an unconstitutional double taxation of that property.

      Sec. 2.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law:

      (a) Any ad valorem taxes or special assessments assessed upon any real property within a common-interest community:

             (1) Must be assessed upon the community units and not upon the common-interest community as a whole; and

             (2) Must not be assessed upon any common elements of the common-interest community.

      (b) Each community unit must be assessed separately for the purposes of ad valorem taxes and special assessments.

      (c) Any lien created by the levy of an ad valorem tax or special assessment upon a community unit applies only to the community unit assessed and does not apply to any other portion of the common-interest community.

      2.  For the purposes of this section:

      (a) “Ad valorem tax” means an ad valorem tax levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

      (b) “Common elements” means all real property within a common-interest community other than the community units, which is owned:

             (1) By the community association;

             (2) By any person on behalf or for the benefit of the owners of the community units; or

             (3) Jointly by the owners of the community units.

      (c) “Common-interest community” means real property with respect to which a person, by virtue of his ownership of a community unit, is obligated to pay for any real property other than that unit. The term includes a common-interest community governed by the provisions of chapter 116 of NRS, a condominium project governed by the provisions of chapter 117 of NRS and any time-share project, planned unit development or other real property which is organized as a common-interest community in this State.

      (d) “Community association” means an association whose membership:

             (1) Consists exclusively of the owners of the community units or their elected or appointed representatives; and

             (2) Is a required condition of the ownership of a community unit.

      (e) “Community unit” means a physical portion of a common-interest community designated for separate ownership or occupancy.

      (f) “Special assessment” means a special assessment levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

      Sec. 3.  NRS 116.1105 is hereby amended to read as follows:

      116.1105  [1.]  In a cooperative, unless the declaration provides that the interest of a unit’s owner in a unit and its allocated interests is real estate for all purposes, that interest is personal property.

 


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ê2005 Statutes of Nevada, Page 1232 (Chapter 337, SB 358)ê

 

      [2.  In a condominium or planned community:

      (a) If there is any unit’s owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.

      (b) If there is any unit’s owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no developmental rights.

      3.  Any portion of the common elements for which the declarant has reserved any developmental right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.

      4.  If there is no unit’s owner other than a declarant, the real estate comprising the common-interest community may be taxed and assessed in any manner provided by law.]

      Sec. 4.  NRS 116.1203 is hereby amended to read as follows:

      116.1203  1.  Except as otherwise provided in subsection 2, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS [116.1105,] 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

      2.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.3119, inclusive, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than six units.

________

 

CHAPTER 338, SB 477

Senate Bill No. 477–Committee on Legislative Operations and Elections

 

CHAPTER 338

 

AN ACT relating to the Legislature; making various changes relating to the Legislature and the Legislative Counsel Bureau; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.2475 is hereby amended to read as follows:

      218.2475  1.  On July 1 preceding each regular session of the Legislature, and each week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the Legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the Legislative Counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in subsections 3 and 4, the list must only contain the name of each requester, the date and a brief summary of the request.

 


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ê2005 Statutes of Nevada, Page 1233 (Chapter 338, SB 477)ê

 

      2.  The Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the [Legislative Commission upon the recommendation of the] Director of the Legislative Counsel Bureau.

      3.  In preparing the list, the Legislative Counsel shall:

      (a) Not include the name of the Legislator who has requested the preparation of a measure until:

             (1) The particular measure is introduced in the Legislature; or

             (2) The Legislator requests that his name be disclosed as the requester of the measure,

Ê whichever occurs first.

      (b) If a standing or special committee of the Legislature requests a measure on behalf of a Legislator or organization, include the name of the standing or special committee and the name of the Legislator or organization on whose behalf the measure was originally requested.

      4.  Upon the request of a Legislator who has requested the preparation of a measure and requested that his name be disclosed pursuant to subsection 3, the Legislative Counsel shall add the name of one or more Legislators from either or both houses of the Legislature as joint requesters. The Legislative Counsel shall not add the name of a joint requester to the list until he has received confirmation of the joint request from the primary requester of the measure and from the Legislator to be added as a joint requester. The Legislative Counsel shall remove the name of a joint requester upon receipt of a request to do so made by the primary requester or the joint requester. The names must appear on the list in the order in which the names were received by the Legislative Counsel beginning with the primary requester. The Legislative Counsel shall not act upon the direction of a joint requester to withdraw the requested measure or modify its substance until the Legislative Counsel has received confirmation of the withdrawal or modification from the primary requester. For the purposes of all limitations on the number of legislative measures that may be requested by a Legislator, a legislative measure with joint requesters must only be counted as a request of the primary requester.

      Sec. 2.  NRS 218.5382 is hereby amended to read as follows:

      218.5382  1.  If:

      (a) The Legislature, by concurrent resolution, during a regular legislative session; or

      (b) The Interim Finance Committee, by resolution, while the Legislature is not in regular session,

Ê determines that the performance of a fundamental review of the base budget of a particular agency is necessary, the [Legislative Commission] Interim Finance Committee shall create a legislative committee for the fundamental review of the base budgets of state agencies. The [Legislative Commission] Interim Finance Committee may create more than one such committee if the number of agencies designated for review warrants additional committees. If more than one such committee is created, the [Legislative Commission] Interim Finance Committee shall determine which agencies are to be reviewed by the respective committees.

      2.  Each such committee must consist of an equal number of members of the Senate and the Assembly. The [Majority Leader of the Senate and the Speaker of the Assembly] Interim Finance Committee shall appoint the members of a committee. At least a majority of the members of a committee must be members of the Interim Finance Committee.

 


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ê2005 Statutes of Nevada, Page 1234 (Chapter 338, SB 477)ê

 

must be members of the Interim Finance Committee. The [Legislative Commission] Interim Finance Committee shall designate the chairman of a committee.

      3.  Any member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature is convened.

      4.  Vacancies on a committee must be filled in the same manner as original appointments.

      5.  A majority of the members appointed to a committee constitutes a quorum.

      6.  The Director of the Legislative Counsel Bureau shall assign employees of the Legislative Counsel Bureau to provide such technical, clerical and operational assistance to a committee as the functions and operations of the committee may require.

      Sec. 3.  NRS 218.5384 is hereby amended to read as follows:

      218.5384  1.  A committee shall, during the legislative interim, perform a fundamental review of the base budget of each state agency assigned to it for review.

      2.  A committee may request the state agency under review and any other agency to submit information, analyses and reports which are pertinent to the reviews conducted pursuant to this section. Each agency of the State shall cooperate fully and provide the material requested within the period specified by a committee.

      3.  A committee shall, before the convening of the next regular session of the Legislature, transmit a report of each review conducted pursuant to this section, and any related recommendations, to the Interim Finance Committee and the Legislative Commission.

      Sec. 4.  NRS 218.620 is hereby amended to read as follows:

      218.620  1.  There is hereby created the Legislative Counsel Bureau, which consists of a Legislative Commission, an Interim Finance Committee, a Director, an Audit Division, a Fiscal Analysis Division, a Legal Division, a Research Division, and an Administrative Division.

      2.  The Legislative Auditor is Chief of the Audit Division. The Legislative Counsel is Chief of the Legal Division. The Research Director is Chief of the Research Division. The Director shall designate from time to time one of the fiscal analysts to be responsible for the administration of the Fiscal Analysis Division.

      3.  The Legislative Commission shall [:

      (a) Appoint] appoint the Director.

      [(b) Fix the compensation of the Director, each of the other division chiefs, and each fiscal analyst.

      4.]  The Director shall appoint the fiscal analysts and the Chiefs of the other Divisions with the approval of the Legislative Commission, and may serve as the chief of any division.

      [5.] 4.  The Director may, with the consent of the Legislative Commission, designate one of the other division chiefs or an employee of the Legislative Counsel Bureau as Deputy Director, who shall serve as Deputy Director without additional compensation.

      Sec. 5.  NRS 218.645 is hereby amended to read as follows:

      218.645  The Director of the Legislative [Commission] Counsel Bureau may fix reasonable fees for the sale of studies, audit reports, bulletins and miscellaneous materials of the Legislative Counsel Bureau, and those fees must be deposited with the State Treasurer for credit to the Legislative Fund.

 


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ê2005 Statutes of Nevada, Page 1235 (Chapter 338, SB 477)ê

 

those fees must be deposited with the State Treasurer for credit to the Legislative Fund.

      Sec. 6.  NRS 218.646 is hereby amended to read as follows:

      218.646  With the approval of the Legislative Commission, the Legislative Counsel may compile and publish manuals or handbooks containing selected portions of Nevada Revised Statutes. Such manuals and handbooks [shall] must be sold at a price fixed by the [Legislative Commission] Director of the Legislative Counsel Bureau and all [moneys] money received for the sale of such publications [shall] must be deposited in the Legislative Fund in the State Treasury.

      Sec. 7.  NRS 218.6827 is hereby amended to read as follows:

      218.6827  1.  Except as otherwise provided in [subsections 2 and 3,] subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620 and 439.630, subsection 1 of NRS 422.2745 and NRS 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      [3.  During a regular or special session, the Interim Finance Committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.

      4.  If the Interim Finance Committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the Legislative Commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.]

      Sec. 8.  NRS 218.684 is hereby amended to read as follows:

      218.684  The Director of the Legislative Counsel Bureau may:

      1.  Upon the request of any person, government, governmental agency or political subdivision, conduct searches by computer of the text of the publications of the Legislative Counsel Bureau and any other information he deems appropriate which may be accessible by a computer operated by the Legislative Counsel Bureau.

      2.  Make any information described in subsection 1 available for access by computer to any person, government, governmental agency or political subdivision.

Ê The [Legislative Commission] Director shall prescribe a reasonable fee for these services.

      Sec. 9.  NRS 345.050 is hereby amended to read as follows:

      345.050  1.  The Director of the Legislative Counsel Bureau may sell the following publications:

      (a) Nevada Reports.

      (b) Statutes of Nevada.

      (c) Compilation of laws:

 


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ê2005 Statutes of Nevada, Page 1236 (Chapter 338, SB 477)ê

 

             (1) Compiled Laws of Nevada (1861—1873), by Bonnifield and Healy (two volumes).

             (2) General Statutes Nevada 1885 (1861—1885), by Baily & Hammond.

             (3) Compiled Laws of Nevada 1861—1900, by Cutting.

             (4) Revised Laws of Nevada 1912, Volumes I and II (two volumes).

             (5) Revised Laws of Nevada 1919, Volume III.

             (6) Nevada Revised Statutes with annotations, including replacement and supplementary pages.

      (d) Miscellaneous publications:

             (1) Nevada Constitutional Debates & Proceedings 1864.

             (2) Nevada and Sawyer’s Digest 1878.

             (3) Nevada Digest Annotated (1912), by Patrick.

             (4) Journals of the Assembly or Senate.

             (5) Appendices to journals of Senate and Assembly.

      2.  The [Legislative Commission] Director shall:

      (a) Set the prices for the publications sold pursuant to subsection 1.

      (b) Charge and collect a fee to cover the costs of postage and handling related to the sale of copies of Nevada Reports.

      3.  No volume may be sold or delivered until the purchase price for the volume and the fee for postage and handling have been paid.

      4.  Money received from the sale of Nevada Reports, excluding any money collected for postage and handling, must be deposited in the State General Fund. Money received from the sale of all other publications enumerated in subsection 1 and any money collected for postage and handling related to the sale of Nevada Reports must be deposited in the Legislative Fund.

      Sec. 10.  NRS 353.226 is hereby amended to read as follows:

      353.226  1.  On or before [February] July 1 of each even-numbered year, the Governor shall impanel an Economic Forum.

      2.  The Governor shall appoint three members of his own selection and one member nominated by the Majority Floor Leader of the Senate and one member nominated by the Speaker of the Assembly to serve on the Economic Forum for a term of 2 years.

      3.  On or before [January] June 15 of each even-numbered year, and within 30 days after the position of his nominee on the Economic Forum becomes vacant, each nominating authority set forth in subsection 2 shall submit to the Governor the name of his nominee to the Economic Forum.

      4.  If a nominating authority fails to submit a timely nomination of a person who is qualified pursuant to subsections 6 and 7 to the Governor pursuant to subsection 3, the Governor may appoint any qualified person to the position.

      5.  Each member appointed pursuant to subsection 2 or 4 may be removed by the Governor for good cause.

      6.  Each member must be an expert with demonstrated ability in the field of economics, taxation or other discipline necessary to economic forecasting and be able to bring knowledge and professional judgment to the deliberations of the Economic Forum.

      7.  No officer or employee of the State Government, including publicly supported institutions of higher education, may be a member of the Economic Forum.

 


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ê2005 Statutes of Nevada, Page 1237 (Chapter 338, SB 477)ê

 

      8.  Except as otherwise provided in subsection 4, a person appointed to fill a vacancy must be nominated and appointed in the same manner as his predecessor in office.

      Sec. 11.  NRS 353.228 is hereby amended to read as follows:

      353.228  1.  The Economic Forum impaneled pursuant to NRS 353.226 shall:

      (a) Make such projections for economic indicators as it deems necessary to ensure that an accurate estimate is produced pursuant to paragraph (b);

      (b) Provide an accurate estimate of the revenue that will be collected by the State for general, unrestricted uses, and not for special purposes, during the biennium that begins on [the second] July 1 of the year following the date on which the Economic Forum was empaneled;

      (c) Request such technical assistance as the Economic Forum deems necessary from the Technical Advisory Committee created by NRS 353.229;

      (d) On or before December 1 of the year in which the Economic Forum was empaneled, prepare a written report of its projections of economic indicators and estimate of future state revenue required by paragraphs (a) and (b) and present the report to the Governor and the Legislature; and

      (e) On or before May 1 of the year following the year in which the Economic Forum was empaneled, prepare a written report confirming or revising the projections of economic indicators and estimate of future state revenue contained in the report prepared pursuant to paragraph (d) and present the report to the Governor and the Legislature.

      2.  The Economic Forum may make preliminary projections of economic indicators and estimates of future state revenue at any time. Any such projections and estimates must be made available to the various agencies of the State through the Chief.

      3.  The Economic Forum may request information directly from any state agency. A state agency that receives a reasonable request for information from the Economic Forum shall comply with the request as soon as is reasonably practicable after receiving the request.

      4.  To carry out its duties pursuant to this section, the Economic Forum may consider any information received from the Technical Advisory Committee and any other information received from independent sources.

      5.  Copies of the projections and estimates made pursuant to this section must be made available to the public by the Director of the Legislative Counsel Bureau for the cost of reproducing the material.

      Sec. 12.  NRS 218.115 is hereby repealed.

      Sec. 13.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 339, AB 407

Assembly Bill No. 407–Assemblymen Carpenter, Goicoechea, McCleary, Sherer and Grady

 

CHAPTER 339

 

AN ACT relating to animals; prohibiting the State Department of Agriculture or its authorized inspector from issuing a brand inspection clearance certificate or permit to remove animals from a brand inspection district under certain circumstances; and providing other matters properly relating thereto.

 

 


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ê2005 Statutes of Nevada, Page 1238 (Chapter 339, AB 407)ê

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 565 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any provision of this chapter to the contrary, if a governmental entity seizes any privately owned animals subject to brand inspection pursuant to this chapter, the Department or its authorized inspector shall not issue brand inspection clearance certificates or permits to remove the animals from a brand inspection district or for the transfer of ownership of the animals by sale or otherwise unless:

      (a) Before the seizure, the governmental entity obtains approval for the seizure from a court of competent jurisdiction; and

      (b) The governmental entity submits a copy of the order approving the seizure to the Department or its authorized inspector.

      2.  The provisions of this section do not apply to:

      (a) An estray, as defined in NRS 569.0075;

      (b) Feral livestock, as defined in NRS 569.008;

      (c) A wild horse or burro, as defined in 16 U.S.C. § 1332;

      (d) An animal that is impounded or sold by the Department pursuant to NRS 575.060; or

      (e) An animal that is seized by a governmental entity to protect the health and safety of the public or to prevent cruelty to animals.

________

 

CHAPTER 340, AB 249

Assembly Bill No. 249–Assemblywoman Buckley

 

CHAPTER 340

 

AN ACT relating to vehicles; authorizing the Director of the Department of Motor Vehicles to expend money appropriated by the Legislature to assist in the acquisition of certain evidence; authorizing the Department to impose an administrative fine against a person who engages in certain deceptive trade practices relating to the purchase, sale or lease of a vehicle under certain circumstances; authorizing a person who is injured by a bonded dealer, distributor, rebuilder, manufacturer, representative or salesman to bring an action or to apply to the Director for compensation from the bond; providing that a rebuilt vehicle may not be registered unless it is inspected and certified by a garageman or the owner of a body shop; prohibiting a person from removing certain markings on a certificate of title for a rebuilt vehicle; authorizing the Department to adopt certain regulations relating to liens on vehicles; revising the duties of a manufacturer or its agent or authorized dealer concerning the sale, lease or transfer of ownership of a vehicle that fails to conform to certain express warranties; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

 


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ê2005 Statutes of Nevada, Page 1239 (Chapter 340, AB 249)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director may expend money that the Legislature appropriates to assist local law enforcement agencies or the Division of Compliance Enforcement of the Department in the purchase of evidence and in employing persons other than peace officers to obtain that evidence.

      2.  Upon receiving a written request from the Director, or his designee, for money appropriated for a purpose specified in subsection 1, the State Controller shall:

      (a) Draw his warrant, payable to the Department; or

      (b) Electronically transfer money to the appropriate account of the Department,

Ê as appropriate, in an amount which does not exceed any limit set by the Legislature in the appropriation.

      3.  The Director may keep money which he has drawn pursuant to this section in accounts in one or more banks or credit unions or in cash.

      Sec. 2.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 12, inclusive, of this act.

      Sec. 3.  “Assembly” means a combination of parts assembled together in such a way as to create a complete part.

      Sec. 4.  “Complete front inner structure for a unibody” means the weld-on structure of a vehicle, including, without limitation, the radiator support, left and right aprons, upper and lower rails and strut towers, designed and intended to be located forward of the cowl assembly.

      Sec. 5.  “Conventional frame” means the main longitudinal structural members of the chassis of a vehicle used as the major support in the construction of the vehicle.

      Sec. 6.  “Cowl assembly” means the forward structural portion of a vehicle to which are intended to be attached all or a part of the windshield frame, fire wall, housing of the instrument panel and hinges for the front doors.

      Sec. 7.  “Floor pan assembly” means the pans designed and intended to form the floor of the passenger compartment of a vehicle.

      Sec. 8.  “Passenger compartment” means the area of a vehicle designed and intended for the seating of the driver and passengers.

      Sec. 9.  “Rear clip assembly” means the entire rear structural portion of a vehicle designed and intended to be located behind the rear seat of the vehicle.

      Sec. 10.  “Roof assembly” means the structural parts of a vehicle, including, without limitation, more than one-half of the vertical roof supports, the framework of the roof and the exterior metal skin, that together are designed and intended to be located over the passenger compartment to form the roof of the vehicle.

      Sec. 11.  “Truck cab assembly” means a removable portion of a truck that uses a conventional frame assembly consisting of a cab that may be bolted and unbolted which includes a floor assembly, cowl assembly, roof assembly and rear panel and may also include front, side or rear glass and front or rear left or right doors.

 


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ê2005 Statutes of Nevada, Page 1240 (Chapter 340, AB 249)ê

 

      Sec. 12.  1.  The Department may impose an administrative fine of not more than $10,000 against any person who engages in a deceptive trade practice. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  For the purposes of this section, a person shall be deemed to be engaged in a “deceptive trade practice” if, in the course of his business or occupation, he:

      (a) Enters into a contract for the sale of a vehicle on credit with a customer, exercises a valid option to cancel the vehicle sale and then, after the customer returns the vehicle with no damage other than reasonable wear and tear, the seller:

             (1) Fails to return any down payment or other consideration in full, including, returning a vehicle accepted in trade;

             (2) Knowingly makes a false representation to the customer that the customer must sign another contract for the sale of the vehicle on less favorable terms; or

             (3) Fails to use the disclosure as required in subsection 3.

      (b) Uses a contract for the sale of the vehicle or a security agreement that materially differs from the form prescribed by law.

      (c) Engages in any deceptive trade practice, as defined in NRS 598.0915 to 598.0925, inclusive, that involves the purchase and sale or lease of a motor vehicle.

      (d) Engages in any other acts prescribed by the Department by regulation as a deceptive trade practice.

      3.  If a seller of a vehicle exercises a valid option to cancel the sale of a vehicle to a customer, the seller must provide a disclosure, and the customer must sign that disclosure, before the seller and customer may enter into a new agreement for the sale of the same vehicle on different terms, or for the sale of a different vehicle. The Department shall prescribe the form of the disclosure by regulation.

      4.  All administrative fines collected by the Department pursuant to this section must be deposited with the State Treasurer to the credit of the State Highway Fund.

      5.  Except as otherwise provided in this subsection, the administrative remedy provided in this section is not exclusive and is intended to supplement existing law. The Department may not impose a fine pursuant to this section against any person who engages in a deceptive trade practice if a fine has previously been imposed against that person pursuant to NRS 598.0903 to 598.0999, inclusive, for the same act. The provisions of this section do not deprive a person injured by a deceptive trade practice from resorting to any other legal remedy.

      Sec. 13.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and sections 3 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 14.  NRS 482.098 is hereby amended to read as follows:

      482.098  1.  “Rebuilt vehicle” means a vehicle:

      [1.] (a) That is a salvage vehicle as that term is defined in NRS 487.770, excluding a nonrepairable vehicle; or

      [2.] (b) One or more major components of which have been replaced as set forth in this subsection. For the purposes of this subsection, the requisite major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

 


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ê2005 Statutes of Nevada, Page 1241 (Chapter 340, AB 249)ê

 

major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

      [(a)] (1) Cowl assembly;

      [(b)] (2) Rear clip assembly;

      [(c)] (3) Roof assembly;

      [(d)] (4) Floor pan assembly;

      [(e)] (5) Conventional frame coupled with one additional major component; or

      [(f)] (6) Complete front inner structure for a unibody.

      2.  The term does not include a vehicle for which the only change is the installation of a truck cab assembly.

      3.  For the purposes of this section, “replaced” means the substitution, or change in whole, of a new, used or after-market part of a vehicle.

      Sec. 15.  NRS 482.220 is hereby amended to read as follows:

      482.220  1.  If the vehicle to be registered [shall be] is a specially constructed, reconstructed , rebuilt or foreign vehicle, [such fact shall] that fact must be stated in the application . [; and with reference to every] If the vehicle is a foreign vehicle which has been registered theretofore outside of this State, the owner shall exhibit to the Department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the Department that the applicant is the lawful owner or possessor of the vehicle.

      2.  [Such application shall] The application must be accompanied by a motor vehicle inspection certificate signed by a representative of the Department or, as one of the Department’s authorized agents, by:

      (a) A peace officer;

      (b) A dealer;

      (c) A rebuilder;

      (d) An automobile wrecker; or

      (e) A garageman or a service station operator or attendant, so designated in writing by the Director.

      3.  The Department or any of its authorized inspection agents [shall be] are entitled to charge $1 for inspection of any [such vehicle.] vehicle described in subsection 1.

      Sec. 16.  NRS 482.345 is hereby amended to read as follows:

      482.345  1.  Except as otherwise provided in subsection [6,] 8, before any dealer’s license, dealer’s plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate, distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the Department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the Department, and the applicant shall furnish such information as the Department requires, including proof that the applicant has an established place of business in this State, and also, except as otherwise provided in subsection 2, procure and file with the Department a good and sufficient bond in the amount of $50,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct his business as a dealer, distributor, manufacturer or rebuilder without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter.

 


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and without violation of the provisions of this chapter. The Department may, by agreement with any dealer, distributor, manufacturer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

      2.  A manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $5,000 regardless of the length of time he has been in business.

      3.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      4.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesman of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his behalf and within the scope of the employment of the representative or the salesman.

      5.  The bond must provide that any person injured by the action of the dealer, distributor, rebuilder, manufacturer, representative or salesman in violation of any provisions of this chapter may apply to the Director, for good cause shown and after notice and opportunity for hearing, for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      6.  If a person is injured by the actions of a dealer, distributor, rebuilder, manufacturer, representative or salesman, the person may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesman, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesman, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the dealer, distributor, rebuilder, manufacturer, representative or salesman.

      (b) Apply to the Director, for good cause shown and after notice and opportunity for hearing, for compensation from the bond. The Director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      [6.] (c) Settle the matter with the dealer, distributor, rebuilder, manufacturer, representative or salesman. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If, after notice and opportunity for a hearing, the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

 


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determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

      7.  Any judgment entered by a court against a dealer, distributor, rebuilder, manufacturer, representative or salesman may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the dealer, distributor, rebuilder, manufacturer, representative or salesman.

      8.  The provisions of this section do not apply to a manufacturer without an established place of business in this State.

      Sec. 17.  NRS 482.352 is hereby amended to read as follows:

      482.352  1.  The Department may deny the issuance of, suspend or revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:

      (a) Failure of the applicant to have an established place of business in this State.

      (b) Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the Director. For the purpose of this paragraph, failure to comply with the directives of the Director advising the licensee of his noncompliance with any provision of the motor vehicle laws of this State or regulations of the Department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.

      (f) Failure or refusal to furnish and keep in force any bond.

      (g) Failure on the part of the licensee to maintain a fixed place of business in this State.

      (h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.

      (i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this State.

      (j) Allowing an unlicensed salesman to sell or lease any vehicle.

      (k) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 3.

      (l) Engaging in a deceptive trade practice relating to the purchase and sale or lease of a vehicle.

      2.  The Director may deny the issuance of a license to an applicant or revoke a license already issued if the Department is satisfied that the applicant or licensee is not entitled thereto.

      3.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activities of a manufacturer, distributor, dealer or rebuilder, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090.

 


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dealer or rebuilder, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to [such an] the authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to [such an] the authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.318 to 482.363105, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  NRS 482.565 is hereby amended to read as follows:

      482.565  1.  [The] Except as otherwise provided in section 12 of this act, the Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      3.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 20.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 and 22 of this act.

      Sec. 21.  “Rebuilt vehicle” has the meaning ascribed to it in paragraph (b) of subsection 1 of NRS 482.098.

      Sec. 22.  1.  A rebuilt vehicle may not be registered until it:

      (a) Has been inspected by a garageman who operates a garage that is registered pursuant to NRS 487.560, by the owner of a body shop licensed pursuant to NRS 487.630 or by an employee of such a garage or body shop; and

      (b) Is certified pursuant to subsection 2 that the components which have been replaced have been installed properly and are functional and operate safely in accordance with the standards of the manufacturer.

      2.  If a garageman or owner of a body shop, or an employee thereof, who performs an inspection pursuant to subsection 1 finds that the components replaced on a rebuilt vehicle have been installed properly and are functional and operate safely in accordance with the standards of the manufacturer, the garageman, owner or employee shall complete and sign a certificate of inspection, on a form prescribed by the state agency, attesting to the fact that the replaced components have been installed properly and are functional and operate safely in accordance with the standards of the manufacturer.

      Sec. 23.  NRS 487.710 is hereby amended to read as follows:

      487.710  As used in NRS 487.710 to 487.890, inclusive, and sections 21 and 22 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, and section 21 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 24.  NRS 487.790 is hereby amended to read as follows:

      487.790  1.  “Total loss vehicle” means a motor vehicle:

      [1.] (a) Of a type which is subject to registration; and

      [2.] (b) Which has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair , not including any cost associated with painting any portion of the vehicle, is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged.

      2.  The term does not include [a] :

      (a) A nonrepairable vehicle ; [or other]

      (b) A motor vehicle which is 10 model years old or older and which [requires only the replacement of the hood, trunk lid, grill assembly or two or fewer quarter panels, doors, bumper assemblies, headlight assemblies, taillight assemblies, or any combination thereof, to restore the vehicle to its condition before it] , to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged and regardless of cost, requires the replacement of only:

             (1) The hood;

             (2) The trunk lid;

             (3) Two or fewer of the following parts or assemblies, which may be bolted or unbolted:

                   (I) Doors;

                   (II) A grill assembly;

                   (III) A bumper assembly;

                   (IV) A headlight assembly; or

                   (V) A taillight assembly; or

             (4) Any combination of subparagraph (1), (2) or (3); or

      (c) A motor vehicle, regardless of the age of the vehicle, for which the cost to repair the vehicle, not including any cost associated with painting any portion of the vehicle, is less than 65 percent of the fair market value of the vehicle immediately before the vehicle was wrecked, destroyed or otherwise damaged.

      3.  For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.

      Sec. 25.  NRS 487.840 is hereby amended to read as follows:

      487.840  1.  A person shall not remove, cause to be removed or conceal a marking on [a] :

      (a) A salvage title or other title which indicates that the vehicle is a salvage vehicle; or

      (b) A certificate of title or other title for a rebuilt vehicle which indicates that the vehicle is a rebuilt vehicle.

      2.  A person who knowingly violates subsection 1 with the intent to defraud:

      (a) If the fair market value of the vehicle involved is $250 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the fair market value of the vehicle involved is less than $250, is guilty of a misdemeanor.

Ê In addition to any other penalty, the court shall order the person to pay restitution to the victim.

      Secs. 26 and 27.  (Deleted by amendment.)

 


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      Sec. 28.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 28.3 and 28.7 of this act.

      Sec. 28.3.  The Department of Motor Vehicles may adopt such regulations as it deems necessary to ensure compliance with all applicable laws relating to the processing of liens for storing, maintaining, keeping or repairing vehicles required to be registered with the Department pursuant to chapter 482 of NRS.

      Sec. 28.7.  1.  The Department of Motor Vehicles may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 108.265 to 108.360, inclusive, and section 28.3 of this act relating to vehicles required to be registered with the Department pursuant to chapter 482 of NRS, or any regulation adopted by the Department pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Department of Motor Vehicles pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      3.  In addition to any other remedy provided by this chapter, the Department of Motor Vehicles may compel compliance with this section and any provision of NRS 108.265 to 108.360, inclusive, and section 28.3 of this act relating to vehicles required to be registered with the Department pursuant to chapter 482 of NRS, and any regulation adopted by the Department pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 29.  NRS 108.265 is hereby amended to read as follows:

      108.265  As used in NRS 108.265 to 108.360, inclusive, and sections 28.3 and 28.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 108.266 to 108.2679, inclusive, have the meanings ascribed to them in those sections.

      Secs. 30-33.  (Deleted by amendment.)

      Sec. 34.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 38, inclusive, of this act.

      Sec. 35.  1.  A manufacturer, or its agent or authorized dealer, who reacquires a motor vehicle pursuant to NRS 597.630 that was registered in this State, or any other state, the District of Columbia or any territory or possession of the United States, or who assists a lienholder in reacquiring such a motor vehicle, shall, before selling, leasing or transferring ownership of the motor vehicle in this State or exporting the motor vehicle to another state for sale, lease or transfer:

      (a) Cause the motor vehicle to be retitled in the name of the manufacturer;

      (b) Request the Department of Motor Vehicles to inscribe the certificate of ownership for the motor vehicle with the notation “Lemon Law Buyback”; and

      (c) Affix a decal to the motor vehicle in accordance with subsection 6.

      2.  Any manufacturer who reacquires, or assists a dealer or lienholder in reacquiring, a motor vehicle in response to a request by the buyer or lessee that the motor vehicle be replaced or accepted for a refund because the motor vehicle did not conform to express warranties shall, before the sale, lease or other transfer of the motor vehicle, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with section 36 of this act.

 


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subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with section 36 of this act.

      3.  Any person, including any dealer, who acquires a motor vehicle for resale and knows that the motor vehicle was reacquired by the manufacturer of the motor vehicle pursuant to NRS 597.630 shall, before the sale, lease or other transfer, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of the notice in accordance with section 36 of this act.

      4.  Any person, including any manufacturer or dealer, who sells, leases or transfers ownership of a motor vehicle when the certificate of ownership for the motor vehicle is inscribed with the notation “Lemon Law Buyback” shall, before the sale, lease, or ownership transfer of the motor vehicle, submit to the transferee a written disclosure signed by the transferee stating that:

 

       THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.”

 

      5.  The requirements for disclosure set forth in subsections 1, 2 and 3 are in addition to any other notice requirements for consumers and do not relieve any person, including any dealer or manufacturer, from complying with any other applicable law.

      6.  The decal required pursuant to subsection 1 must be affixed to the left front doorframe of the motor vehicle or, if the motor vehicle does not have a left front doorframe, in a location designated by the Department of Motor Vehicles. The decal must specify that the certificate of title to the motor vehicle has been permanently inscribed with the notation “Lemon Law Buyback.” A person shall not knowingly remove or alter any decal affixed to a motor vehicle pursuant to this subsection, regardless of whether the motor vehicle is licensed pursuant to this chapter.

      Sec. 36.  1.  The notice required pursuant to subsections 1 and 2 of section 35 of this act must be prepared by the manufacturer of the reacquired motor vehicle and specify:

      (a) The year, make, model and vehicle identification number of the motor vehicle.

      (b) Whether the certificate of title for the motor vehicle has been inscribed with the notation “Lemon Law Buyback.”

      (c) The nature of each nonconformity reported by the original buyer or lessee of the motor vehicle.

      (d) The repairs, if any, made to the motor vehicle in an attempt to correct each nonconformity reported by the original buyer or lessee.

      2.  The notice must be included on a form 8 1/2 x 11 inches in size and printed in a size equal to at least 10-point black type on a white background. The form must only contain the following information and be completed by the manufacturer:

 

 


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WARRANTY BUYBACK NOTICE

(Check One)

/__/ This vehicle was repurchased by the vehicle’s manufacturer after the last retail owner or lessee requested its repurchase because of the problems listed below.

/__/ THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION “LEMON LAW BUYBACK.” Under Nevada law, the manufacturer must warrant to you, for 1 year, that the vehicle is free of the problems listed below.

 

V.I.N.

Year

Make

Model

 

 

 

 

Problem(s) Reported by Original Owner

Repairs Made, if any, to Correct Reported Problem(s)

 

Signature of Manufacturer                                  Date

 

..................................................................                 .........................................

 

Signature of Dealers                                              Date

 

..................................................................                 .........................................

 

..................................................................                 .........................................

 

Signature of Retail Buyer or Lessee                  Date

 

..................................................................                 .........................................

 

....................................................................................................                         ...............................................................

      Sec. 37.  1.  A manufacturer, importer, distributor, dealer or lienholder who reacquires or assists in reacquiring a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement or voluntary agreement, shall not:

      (a) Require, as a condition of the reacquisition of the motor vehicle, a buyer or lessee who is a resident of this State to agree to refrain from disclosing the problems with the motor vehicle experienced by the buyer or lessee or the nonfinancial terms of the reacquisition.

      (b) Include, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer or lienholder, for signature by the buyer or lessee, a confidentiality clause, gag clause or similar clause prohibiting the buyer or lessee from disclosing information to any other person concerning the problems with the motor vehicle or the nonfinancial terms of the reacquisition of the motor vehicle by the manufacturer, importer, distributor, dealer or lienholder.

 


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terms of the reacquisition of the motor vehicle by the manufacturer, importer, distributor, dealer or lienholder.

      2.  Any confidentiality clause, gag clause or similar clause included in the release or other agreement in violation of this section is void.

      3.  The provisions of this section do not prohibit the inclusion within the release or other agreement any confidentiality clause, gag clause or similar clause regarding the financial terms of the reacquisition of the motor vehicle.

      Sec. 38.  A person who incurs an injury or damages as the proximate result of a violation of the provisions of section 35, 36 or 37 of this act may commence an action in a court of competent jurisdiction for the recovery of his actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.

      Sec. 39.  NRS 597.600 is hereby amended to read as follows:

      597.600  As used in NRS 597.600 to 597.680, inclusive, and sections 35 to 38 of this act, unless the context otherwise requires:

      1.  “Buyer” means:

      (a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.

      (b) Any person to whom the motor vehicle is transferred during the time a manufacturer’s express warranty applicable to the motor vehicle is in effect.

      (c) Any other person entitled by the terms of the warranty to enforce its obligations.

      2.  Except as otherwise provided in this subsection “motor vehicle” has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.

      Sec. 40.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by the Commissioner, Director or Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to section 12 of this act, for the same act.

      Sec. 41.  NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 40 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.

      Sec. 42.  NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

 


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      2.  If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he may order the violator to:

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; and

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      3.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

      4.  If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      5.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

      (c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

      6.  [An] Except as otherwise provided in section 40 of this act, an order issued pursuant to subsection 5 may include:

      (a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

      (b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      7.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

 


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      8.  Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 43.  NRS 598.0973 is hereby amended to read as follows:

      598.0973  1.  [In] Except as otherwise provided in section 40 of this act, in any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly or disabled person, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.

      2.  In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

      (a) The conduct of the person was in disregard of the rights of the elderly or disabled person;

      (b) The person knew or should have known that his conduct was directed toward an elderly or disabled person;

      (c) The elderly or disabled person was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly or disabled person;

      (d) The conduct of the person caused the elderly or disabled person to suffer actual and substantial physical, emotional or economic damage;

      (e) The conduct of the person caused the elderly or disabled person to suffer:

             (1) Mental or emotional anguish;

             (2) The loss of the primary residence of the elderly or disabled person;

             (3) The loss of the principal employment or source of income of the elderly or disabled person;

             (4) The loss of money received from a pension, retirement plan or governmental program;

             (5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

             (6) The loss of assets which are essential to the health and welfare of the elderly or disabled person; or

             (7) Any other interference with the economic well-being of the elderly or disabled person, including the encumbrance of his primary residence or principal source of income; or

      (f) Any other factors that the court deems to be appropriate.

      Sec. 44.  NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  [A] Except as otherwise provided in section 40 of this act, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

      2.  [In] Except as otherwise provided in section 40 of this act, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation.

 


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ê2005 Statutes of Nevada, Page 1252 (Chapter 340, AB 249)ê

 

trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 45.  1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles to defray any administrative costs incurred by the Department in carrying out the provisions of section 12 of this act:

For the Fiscal Year 2005-2006..................................................... $234,644

For the Fiscal Year 2006-2007..................................................... $198,530

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State Highway Fund on or before September 15, 2006, and September 21, 2007, respectively.

 


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ê2005 Statutes of Nevada, Page 1253 (Chapter 340, AB 249)ê

 

      Sec. 46.  1.  This section and sections 28 to 29, inclusive, and 45 of this act become effective on July 1, 2005.

      2.  Sections 1 to 27, inclusive, and 30 to 44, inclusive, of this act become effective on October 1, 2005.

________

 

CHAPTER 341, AB 346

Assembly Bill No. 346–Assemblymen Grady and Oceguera (by request)

 

CHAPTER 341

 

AN ACT relating to fire protection; authorizing the State Fire Marshal to adopt certain regulations relating to the use of fire by fire departments in providing training to firemen; authorizing the State Fire Marshal to participate in certain local, state or federal teams or task forces; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of:

             (1) Combustibles, flammables and fireworks; and

             (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê The regulations of the State Fire Marshal apply throughout the State, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction [.] or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

 


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ê2005 Statutes of Nevada, Page 1254 (Chapter 341, AB 346)ê

 

otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

      2.  The State Fire Marshal may [set] :

      (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings [.] ; and

      (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firemen using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

      3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Human Resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

      6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

      (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

      8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The State Fire Marshal shall:

      (a) Assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as he deems necessary.

 


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ê2005 Statutes of Nevada, Page 1255 (Chapter 341, AB 346)ê

 

      10.  [In] Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

      11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

      (a) Commercial trucking;

      (b) Environmental crimes;

      (c) Explosives and pyrotechnics;

      (d) Drugs or other controlled substances; or

      (e) Any similar activity specified by the State Fire Marshal.

________

 

CHAPTER 342, AB 524

Assembly Bill No. 524–Committee on Health and Human Services

 

CHAPTER 342

 

AN ACT relating to public health; changing the portion of the money in the Fund for a Healthy Nevada that may be used to pay certain administrative costs incurred by the Department of Human Resources; revising provisions concerning the program to provide prescription drugs and pharmaceutical services to certain senior citizens; requiring the Department to coordinate the provision of prescription drugs and pharmaceutical services by state programs that provide pharmaceutical or medical assistance and certain Medicare pharmaceutical benefits; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.620 is hereby amended to read as follows:

      439.620  1.  The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

      (a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

      (b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

      2.  The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

 


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ê2005 Statutes of Nevada, Page 1256 (Chapter 342, AB 524)ê

 

      (a) Shall maintain the financial records of the Fund;

      (b) Shall invest the money in the Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Fund.

      3.  The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      4.  Upon receiving a request from the State Treasurer or the Department for an allocation for administrative expenses from the Fund pursuant to this section, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund, whether allocated by the Task Force or the Interim Finance Committee must not exceed:

      (a) Not more than 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; [and]

      (b) Not more than [3] 2.025 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 [to 439.690, inclusive.] and 439.630; and

      (c) Not more than 1.5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department to administer the provisions of NRS 439.635 to 439.690, inclusive.

Ê For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

      5.  The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

      6.  All money that is deposited or paid into the Fund is hereby appropriated to the Department and, except as otherwise provided in paragraphs (c), (d) and (h) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the Task Force for the Fund for a Healthy Nevada. Money expended from the Fund for a Healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.

      Sec. 2.  NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Task Force for the Fund for a Healthy Nevada shall:

 


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ê2005 Statutes of Nevada, Page 1257 (Chapter 342, AB 524)ê

 

      (a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the use of tobacco;

             (4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (5) Offer other general or specific information on health care in this State.

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.

      (c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. From the money reserved to the Department pursuant to this paragraph, the Department may subsidize [all] any portion of the cost of [policies of health insurance that provide coverage to senior citizens for] providing prescription drugs and pharmaceutical services to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive, and administering any program established pursuant to NRS 422.274 or 422.2745. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

      (d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of family caretakers;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

      (e) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

 


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ê2005 Statutes of Nevada, Page 1258 (Chapter 342, AB 524)ê

 

      (f) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.

      (g) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:

             (1) Programs that provide respite for persons caring for persons with disabilities;

             (2) Programs that provide positive behavioral supports to persons with disabilities; and

             (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

      (h) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to NRS 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to NRS 422.2745.

      (i) Maximize expenditures through local, federal and private matching contributions.

      (j) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

      (k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      (l) To make the allocations required by paragraphs (e), (f) and (g):

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept applications for allocations;

             (3) Conduct annual evaluations of programs to which allocations have been awarded; and

             (4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

      (m) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

      2.  The Task Force may take such other actions as are necessary to carry out its duties.

      3.  The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

      4.  To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

 


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ê2005 Statutes of Nevada, Page 1259 (Chapter 342, AB 524)ê

 

      (c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

      (d) Award grants or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

      5.  The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of [policies of health insurance that provide coverage to senior citizens for] providing prescription drugs and pharmaceutical services to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.

      6.  The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e), (f) or (g) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.

      Sec. 3.  NRS 439.660 is hereby amended to read as follows:

      439.660  The Department of Human Resources shall, in cooperation with [the Department of Taxation and] the various counties in this State:

      1.  Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 427A.450 to 427A.600, inclusive, and 439.635 to 439.690, inclusive;

      2.  Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and

      3.  Design forms that may be used jointly by the Department of Human Resources [, the Department of Taxation] and the various counties in this State to carry out the provisions of NRS 427A.450 to 427A.600, inclusive, and 439.635 to 439.690, inclusive.

      Sec. 4.  NRS 439.665 is hereby amended to read as follows:

      439.665  1.  The Department may [enter] :

      (a) Enter into contracts with private insurers who transact health insurance in this State to [arrange] subsidize the cost of prescription drugs and pharmaceutical services for senior citizens by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services [.] ; or

      (b) Subsidize the cost of prescription drugs and pharmaceutical services for senior citizens in any other manner.

      2.  Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen who is not eligible for Medicaid and who is eligible for a [policy of health insurance] subsidy for the cost of prescription drugs and pharmaceutical services that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of [that insurance, including premiums and deductibles,] prescription drugs and pharmaceutical services, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and:

 


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ê2005 Statutes of Nevada, Page 1260 (Chapter 342, AB 524)ê

 

prescription drugs and pharmaceutical services that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of [that insurance, including premiums and deductibles,] prescription drugs and pharmaceutical services, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and:

      (a) If the senior citizen is single, his income is not over $21,500; or

      (b) If the senior citizen is married, his household income is not over $28,660.

Ê The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.

      3.  The subsidy granted pursuant to this section must not exceed the annual cost of [insurance that provides coverage for] prescription drugs and pharmaceutical services [, including premiums and deductibles.] provided to the senior citizen.

      4.  A [policy of health insurance] subsidy that is made available pursuant to subsection 1 must provide for:

      (a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer [;] or as set forth by the Department; and

      (b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer [.] or as set forth by the Department.

      5.  The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant or enrollee based on one or more of the following circumstances:

      (a) Illness;

      (b) Disability; or

      (c) Extreme financial hardship, when considering the current financial circumstances of the applicant or enrollee.

Ê An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.

      6.  If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the Fund for a Healthy Nevada.

      7.  The provisions of subsections 1 to 5, inclusive, do not apply if the Department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 6.

      Sec. 5.  NRS 439.670 is hereby amended to read as follows:

      439.670  1.  A senior citizen who wishes to receive a subsidy pursuant to NRS 439.665 must file a request therefor with the Department.

      2.  The request must be made under oath and filed in such form and content, and accompanied by such proof, as the Department may prescribe.

 


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ê2005 Statutes of Nevada, Page 1261 (Chapter 342, AB 524)ê

 

      3.  The Department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.

      4.  The Department shall determine which senior citizens are eligible to receive a subsidy pursuant to NRS 439.665 and , if the Department has entered into a contract pursuant to NRS 439.665 to provide the subsidy, pay the subsidy directly to [an insurer] the person or entity with whom the Department has entered into [a contract pursuant to NRS 439.665.] the contract.

      Sec. 6.  1.  The Department of Human Resources shall:

      (a) Coordinate each state program that provides pharmaceutical or medical assistance to persons in this State with the Medicare Part D benefit so that each Medicare beneficiary who is eligible for or enrolled in such a state program maintains his present coverage for prescription drugs and pharmaceutical services to the extent allowed by federal law; and

      (b) Coordinate each state program that provides pharmaceutical or medical assistance to persons in this State with the Medicare Part D benefit in a manner that:

             (1) Maximizes coverage for prescription drugs and pharmaceutical services for persons in this State;

             (2) Minimizes disruptions in the enrollment of persons in this State in state and federal programs that provide coverage for prescription drugs and pharmaceutical services;

             (3) Minimizes disruptions in the eligibility of persons in this State for state and federal programs that provide coverage for prescription drugs and pharmaceutical services;

             (4) Minimizes out-of-pocket expenses for prescription drugs and pharmaceutical services for Medicare beneficiaries in this State; and

             (5) Maximizes federal funding for coverage of prescription drugs and pharmaceutical services for persons in this State.

      2.  The Department of Human Resources shall submit a plan for coordinating the state programs with the Medicare Part D benefit as required by subsection 1 to the Interim Finance Committee for approval before the Department coordinates those programs and benefits.

      3.  The Department of Human Resources may adopt such regulations as may be required to carry out the provisions of this section.

      Sec. 7.  1.  This act becomes effective upon passage and approval.

      2.  Section 6 of this act expires by limitation on July 1, 2007.

________

 

CHAPTER 343, AB 526

Assembly Bill No. 526–Committee on Education

 

CHAPTER 343

 

AN ACT relating to education; revises provisions governing the appropriation and apportionment of money for school districts that participate in the National School Lunch Program; prescribing the circumstances under which a school district is required to request a variance from the requirements of the class-size reduction program; expressing the intent of the Legislature concerning the elimination of team-teaching in connection with the class-size reduction program; and providing other matters properly relating thereto.

 

 


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ê2005 Statutes of Nevada, Page 1262 (Chapter 343, AB 526)ê

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.105 is hereby amended to read as follows:

      387.105  1.  To enable the State Board [of Education] to provide for the establishment, maintenance, operation and expansion of programs of nutrition, money must be provided by legislative appropriation from the General Fund as a budgeted part of the appropriation for the support of the Department and must be paid out on claims as other claims against the State are paid.

      2.  In addition to the amounts provided pursuant to subsection 1, money must be provided by legislative appropriation in an amount that satisfies the amount required as a matching grant from this State for participation in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq., which must be designated as the “Nutrition State Match.” For those school districts that participate in the National School Lunch Program, the amount appropriated must be a reduction in the total amount of basic support calculated for those school districts pursuant to NRS 387.1233 and must be distributed in accordance with NRS 387.124. Each school district receiving money that is designated as a “Nutrition State Match” shall verify that the money is used to support the National School Lunch Program in the public schools located within the school district.

      Sec. 2.  NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in this section and NRS 387.528:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by NRS 388.854, the Superintendent of Public Instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

      2.  Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

 


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to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

      3.  Except as otherwise provided in this subsection, the apportionment to a charter school that is sponsored by the State Board, computed on a yearly basis, is equal to:

      (a) The sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides; or

      (b) The statewide average per pupil amount for pupils who are enrolled full time,

Ê whichever is greater. If the calculation set forth in paragraph (a) is less than the calculation pursuant to paragraph (b), the school district in which the charter school is located shall pay the difference directly to the charter school. If a charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, the apportionment to the charter school for pupils who are enrolled in the program of distance education must be calculated as set forth in subsection 2 or 4, as applicable.

      4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to NRS 388.854 or 388.858, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

      5.  The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

      6.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

      7.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

 


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Division of the Legislative Counsel Bureau documenting reasons for the action.

      Sec. 3.  NRS 388.700 is hereby amended to read as follows:

      388.700  1.  Except as otherwise provided in [subsections 2, 3 and 6,] this section, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

      2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.

      3.  Each school district that does not meet the ratio of pupils per class:

      (a) Set forth in subsection 1;

      (b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or

      (c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,

Ê must request a variance from the State Board by providing a written statement that includes the reasons for the request and the justification for exceeding the applicable prescribed ratio of pupils per class.

      4.  The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection [1] 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

      [4.] 5.  The State Board shall, on or before February 1 of each odd-numbered year, report to the Legislature on:

      (a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

      (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.

      [5.] 6.  The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau:

      (a) The number of teachers employed;

      (b) The number of teachers employed in order to attain the ratio required by subsection 1;

      (c) The number of pupils enrolled; and

      (d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

Ê during the current school year in kindergarten and grades 1, 2 and 3 for each school district.

 


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      [6.] 7.  The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 4.  The Legislature hereby declares its intent that the use of team-teaching for the purpose of satisfying the requirements of the class-size reduction program be eliminated by all school districts not later than the beginning of the 2011-2012 school year, unless a school district does not have sufficient financial resources to provide the classroom space required for the elimination of team-teaching. To accomplish this intent, the Legislature hereby encourages the board of trustees of each school district to request that the residents of the county in which the school district is located support bonds for the construction of additional classrooms necessary for the elimination of team-teaching if:

      1.  There is sufficient debt service rate that is remaining within the applicable statutory cap; and

      2.  The school district has first met the needs related to the increase in the enrollment of pupils within the school district and the needs for school renovation.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 344, SB 226

Senate Bill No. 226–Senator Carlton

 

CHAPTER 344

 

AN ACT relating to industrial insurance; limiting the amount of money that a provider of health care is entitled to be paid for providing treatment or other services to an injured employee under certain circumstances; requiring an insurer, organization for managed care, third-party administrator or employer who improperly denies payment for certain treatment or other services for an injured employee to reimburse the injured employee directly under certain circumstances; requiring the direct reimbursement of certain health insurers and casualty insurers that pay for such treatment or other services on behalf of the injured employee; providing administrative penalties; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616C.135 is hereby amended to read as follows:

      616C.135  1.  A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease.

      2.  The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:

 


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      (a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and

      (b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.

      3.  A provider of health care may accept payment from an injured employee [who is paying in protest] or from a health or casualty insurer paying on behalf of the injured employee pursuant to NRS 616C.138 for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.

      4.  If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the Administrator shall impose an administrative fine of not more than $250 for each violation.

      Sec. 2.  NRS 616C.138 is hereby amended to read as follows:

      616C.138  [If :

      1.  An]

      1.  Except as otherwise provided in this section, if a provider of health care provides treatment or other services that an injured employee alleges are related to an industrial injury or occupational disease and an insurer, an organization for managed care, a third-party administrator or an employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies authorization or responsibility for payment for the treatment or other services [provided by a] , the provider of health care [that the injured employee alleges are related to an industrial injury or occupational disease;

      2.  The] is entitled to be paid for the treatment or other services as follows:

      (a) If the treatment or other services will be paid by a health insurer which has a contract with the provider of health care under a health benefit plan that covers the injured employee, the provider of health care is entitled to be paid the amount that is allowed for the treatment or other services under that contract.

      (b) If the treatment or other services will be paid by a health insurer which does not have a contract with the provider of health care as set forth in paragraph (a) or by a casualty insurer or the injured employee, the provider of health care is entitled to be paid not more than:

             (1) The amount which is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260; or

             (2) If the insurer which denied authorization or responsibility for the payment has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract.

      2.  The provisions of subsection 1:

      (a) Apply only to treatment or other services provided by the provider of health care before the date on which the insurer, organization for managed care, third-party administrator or employer who provides accident benefits first denies authorization or responsibility for payments for the alleged industrial injury or occupational disease.

      (b) Do not apply to a provider of health care that is a hospital as defined in NRS 439B.110. The provisions of this paragraph do not exempt the provider of health care from complying with the provisions of subsections 3 and 4.

 


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the provider of health care from complying with the provisions of subsections 3 and 4.

      3.  If:

      (a) The injured employee pays [in protest] for the treatment or other services [; and

      3.  A] or a health or casualty insurer pays for the treatment or other services on behalf of the injured employee;

      (b) The injured employee requests a hearing before a hearing officer or appeals officer regarding the denial of coverage; and

      (c) The hearing officer or appeals officer ultimately determines that the treatment or other services should have been covered, or the insurer, organization for managed care, third-party administrator or employer who provides accident benefits subsequently accepts responsibility for payment,

Ê the hearing officer or appeals officer shall order the insurer, organization for managed care, third-party administrator or employer who provides accident benefits to pay to the [provider of health care] injured employee or the health or casualty insurer the amount which the injured employee or the health or casualty insurer paid that is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract.

      4.  If the injured employee or the health or casualty insurer paid the provider of health care any amount in excess of the amount that the provider would have been entitled to be paid pursuant to this section, the injured employee or the health or casualty insurer is entitled to recover the excess amount from the provider. Within 30 days after receiving [the payment,] notice of such an excess amount, the provider of health care shall reimburse the injured employee or the health or casualty insurer for the excess amount . [paid in protest by him.]

      5.  As used in this section:

      (a) “Casualty insurer” means any insurer or other organization providing coverage or benefits under a policy or contract of casualty insurance in the manner described in subsection 2 of NRS 681A.020.

      (b) “Health benefit plan” means any type of policy, contract, agreement or plan providing health coverage or benefits in accordance with state or federal law.

      (c) “Health insurer” means any insurer or other organization providing health coverage or benefits in accordance with state or federal law.

      Sec. 3.  NRS 616C.330 is hereby amended to read as follows:

      616C.330  1.  The hearing officer shall:

      (a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;

      (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

 


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      (c) Conduct hearings expeditiously and informally.

      2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      5.  The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

      6.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

      7.  The hearing officer shall render his decision within 15 days after:

      (a) The hearing; or

      (b) He receives a copy of the report from the medical examination he requested.

      8.  The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.

      9.  The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

      10.  Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.

 


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      Sec. 4.  NRS 616C.360 is hereby amended to read as follows:

      616C.360  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

      2.  The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

      3.  If there is a medical question or dispute concerning an injured employee’s condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:

      (a) Refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

      (b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.

      4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      5.  The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

      6.  Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

      7.  The appeals officer shall render his decision:

      (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

      (b) If a transcript has not been ordered, within 30 days after the date of the hearing.

      8.  The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.

      Sec. 5.  The provisions of this act do not apply to treatment or other services provided by a provider of health care to an injured employee before July 1, 2005.

 


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      Sec. 6.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 345, SB 233

Senate Bill No. 233–Senator Schneider

 

CHAPTER 345

 

AN ACT relating to alcoholic beverages; authorizing certain grocery stores to serve samples of alcoholic beverages on the premises of the grocery store; providing for the regulation of such grocery stores and for the issuance of annual permits by local governing bodies; authorizing the operation of instructional wine-making facilities; providing for the licensure and regulation of such facilities; restricting the use of wine produced at such facilities; exempting such wine from the excise tax on liquor; authorizing certain fees; providing remedies and penalties; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A person who operates a grocery store may serve samples of alcoholic beverages on the premises of the grocery store if the person:

      (a) Is licensed to sell, at retail, alcoholic beverages on the premises of the grocery store;

      (b) Obtains an annual permit to serve such samples from the local governing body that has jurisdiction to license and regulate the sale of alcoholic beverages on the premises of the grocery store;

      (c) Purchases any alcoholic beverages used for such samples from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS; and

      (d) Complies with the requirements of this section.

      2.  A person who holds an annual permit issued pursuant to this section may serve samples of alcoholic beverages on the premises of the grocery store only to persons of legal age and only in such quantities as are necessary to provide a sample or taste of the alcoholic beverages.

      3.  Notwithstanding any other provision of law, a supplier, manufacturer, importer or wholesale dealer of alcoholic beverages may assist a person who operates a grocery store in serving samples of alcoholic beverages pursuant to this section. The assistance authorized by this subsection is limited to the pouring of such samples or the provision of information, instruction or education regarding the product being sampled, or any combination of those tasks. The provision of such assistance does not relieve the person who operates the grocery store from the responsibility of complying with all the requirements of this section.

      4.  A local governing body may adopt reasonable restrictions regarding the time, place, manner and frequency of the activities authorized by this section.

 


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authorized by this section. Such restrictions must not prohibit or unreasonably interfere with the activities authorized by this section.

      5.  A person who serves samples of alcoholic beverages on the premises of a grocery store in violation of any provision of this section is guilty of a misdemeanor.

      6.  This section preempts any local charter, code, ordinance or regulation that is in conflict with the purposes and objectives of this section.

      7.  A local governing body may not charge any fee for issuing an annual permit pursuant to this section.

      8.  As used in this section:

      (a) “Convenience store” means a store which is principally devoted to providing the public with a convenient location to purchase consumable products quickly and in which the area open to the public is less than 5,000 square feet.

      (b) “Grocery store” means a store which is principally devoted to the sale of food for human consumption off the premises or which derives a substantial amount of its gross revenue from the sale of food for human consumption off the premises, regardless of whether the store is also devoted to or derives gross revenue from the sale of nonfood items. The term does not include:

             (1) A convenience store.

             (2) A store at which the sale of food for human consumption off the premises is incidental to the principal purpose of the store.

      Sec. 3.  1.  A person may operate an instructional wine-making facility if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this section; and

      (c) Complies with any other applicable governmental requirements for the operation of such a facility, including, without limitation, compliance with all applicable federal bonding, permitting and other requirements for the production, blending, treatment, storage and bottling of wine.

      2.  A person who is licensed to operate an instructional wine-making facility may:

      (a) Engage in the process of wine making on the premises of the facility;

      (b) Charge a fee to other persons of legal age for the purpose of providing those persons with instruction and the opportunity to participate directly in the process of wine making on the premises of the facility; and

      (c) Serve wine produced on the premises of the facility by the glass for consumption on the premises of the facility.

      3.  Wine produced on the premises of an instructional wine-making facility must be:

      (a) Used, consumed or disposed of on the premises of the facility; or

      (b) Distributed from the facility to a person of legal age who has participated directly in the process of wine making on the premises of the facility for the person’s own household or personal use. That person:

             (1) May distribute the wine to any other person of legal age as a gift.

             (2) Shall not remove from the facility:

                   (I) Any wine other than that which the person participated directly in the process of making on the premises of the facility.

 


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                   (II) More than 60 gallons of wine during any period of 12 months.

      4.  Except as otherwise permitted by this section, if a person knows or reasonably should know that wine was produced on the premises of an instructional wine-making facility, the person shall not:

      (a) Directly or indirectly or through any other person, sell, offer to sell or solicit the purchase or sale of such wine at wholesale or retail; or

      (b) Use such wine for any purpose other than for the person’s own household or personal use.

      5.  A person who violates any provision of this section is guilty of a misdemeanor.

      6.  As used in this section:

      (a) “Instructional wine-making facility” means any facility that, for a fee, provides a person of legal age with instruction and the opportunity to participate directly in the process of wine making on the premises of the facility. The term does not include:

             (1) A wine maker or winery that is licensed pursuant to chapter 369 of NRS.

             (2) A university, college or community college that is part of the University and Community College System of Nevada or any other postsecondary educational institution that is licensed by a federal or state agency and is accredited by a nationally recognized educational accrediting association.

      (b) “Process of wine making” means the usual and customary steps taken to produce wine. Such steps may include, without limitation:

             (1) Growing, buying and importing agricultural products and ingredients.

             (2) Selecting, preparing and processing agricultural products and ingredients.

             (3) Barreling, fermenting, aging, filtering, bottling, labeling, racking, warehousing and storing.

             (4) Importing bulk wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be blended with other wine and aged in a suitable cellar.

      Sec. 4.  NRS 597.200 is hereby amended to read as follows:

      597.200  As used in NRS [597.210] 597.190 to 597.250, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Alcoholic beverage” means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.

      2.  “Brew pub” means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.

      3.  “Engage in” includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.

      4.  “Instructional wine-making facility” means an instructional wine-making facility operated pursuant to section 3 of this act.

      5.  “Legal age” means the age at which a person is legally permitted to purchase an alcoholic beverage pursuant to NRS 202.020.

      6.  “Malt beverage” means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.

 


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      7.  “Wine” has the meaning ascribed to it in NRS 369.140.

      Sec. 5.  NRS 597.210 is hereby amended to read as follows:

      597.210  1.  Except as otherwise provided in NRS 597.240, a person engaged in the business of manufacturing, blending or bottling alcoholic beverages shall not engage in the business of importing, wholesaling or retailing alcoholic beverages by investment, loan or extension of credit in excess of normal terms prevalent in the industry, unless he was so engaged on or before May 1, 1975, and then only to the extent so engaged.

      2.  This section does not:

      (a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.

      (b) Prohibit a person from operating a brew pub pursuant to NRS 597.230.

      (c) Prohibit a person from operating an instructional wine-making facility pursuant to section 3 of this act.

      Sec. 6.  NRS 597.240 is hereby amended to read as follows:

      597.240  1.  A winery located in a county whose population is 100,000 or less, if it is federally bonded, may:

      [1.] (a) Import wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.

      [2.] (b) Sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.

      [3.] (c) Serve by the glass, on its premises, any alcoholic beverage.

      2.  For the purposes of this section, an instructional wine-making facility is not a winery. This section does not prohibit a person from operating an instructional wine-making facility in any county.

      Sec. 7.  NRS 597.250 is hereby amended to read as follows:

      597.250  The license of any person who violates the provisions of NRS 597.210, 597.220 or 597.230 or section 3 of this act must be suspended or revoked in the manner provided in chapter 369 of NRS.

      Sec. 8.  NRS 597.262 is hereby amended to read as follows:

      597.262  1.  Except as otherwise provided in this section and NRS 228.380, the Attorney General [shall] has primary jurisdiction to enforce the provisions of NRS 597.120 to 597.260, inclusive, and shall cause appropriate legal action to be taken to enforce those provisions.

      2.  The Attorney General has concurrent jurisdiction with the district attorneys of this State to enforce the provisions of sections 2 and 3 of this act.

      3.  This section does not prohibit:

      (a) A wholesaler from bringing an action against a supplier pursuant to NRS 597.170.

      (b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.

 


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ê2005 Statutes of Nevada, Page 1274 (Chapter 345, SB 233)ê

 

      Sec. 9.  Chapter 369 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

      Sec. 10.  1.  As used in this chapter, “instructional wine-making facility” means an instructional wine-making facility operated pursuant to section 3 of this act.

      2.  For the purposes of this chapter:

      (a) A person who operates an instructional wine-making facility is not a wine maker or a supplier, brewer, distiller, manufacturer, producer, vintner, bottler, wholesaler, wholesale dealer, retailer or retail dealer of wine.

      (b) An instructional wine-making facility is not a winery or a retail liquor store.

      Sec. 11.  1.  No excise tax may be imposed upon wine produced on the premises of an instructional wine-making facility if the wine is used, consumed or disposed of on the premises of the facility or distributed to persons for household or personal use in the manner authorized by section 3 of this act.

      2.  If a person pays the tax on any wine which is exempt from the tax pursuant to this section, the person may obtain a credit or refund with respect to the tax so paid in the manner provided by the Department.

      Sec. 12.  NRS 369.180 is hereby amended to read as follows:

      369.180  1.  In addition to the limitations imposed by NRS 597.210 and 597.220, a person shall not:

      [1.] (a) Import liquors into this State unless he first secures an importer’s license or permit from this State.

      [2.] (b) Engage in business as a wholesale dealer of wines and liquors in this State unless he first secures a wholesale wine and liquor dealer’s license from this State.

      [3.] (c) Engage in business as a wholesale dealer of beer in this State unless he first secures a wholesale beer dealer’s license from this State.

      [4.] (d) Operate a winery in this State or export wine from this State unless he first secures a wine-maker’s license from this State.

      [5.] (e) Operate an instructional wine-making facility in this State unless he first secures a license for the instructional wine-making facility from this State.

      (f) Operate a brewery in this State unless he first secures a brewer’s license from this State.

      [6.] (g) Operate a brew pub in this State unless he first secures a brew pub’s license from this State.

      [7.] 2.  A person who holds a license for an instructional wine-making facility:

      (a) May engage in any activity authorized by section 3 of this act.

      (b) May not engage in any other activity for which a license is required pursuant to this chapter, unless the person holds the appropriate license for that activity.

      3.  As used in this section:

      (a) “Brew pub” has the meaning ascribed to it in NRS 597.200.

      (b) “Brewery” means an establishment which manufactures malt beverages but does not sell those malt beverages at retail.

      (c) “Malt beverage” has the meaning ascribed to it in NRS 597.200.

      Sec. 13.  NRS 369.300 is hereby amended to read as follows:

      369.300  The following is a schedule of fees to be charged for licenses:

 


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ê2005 Statutes of Nevada, Page 1275 (Chapter 345, SB 233)ê

 

Importer’s wine, beer and liquor license.......................................................... $500

Importer’s beer license.......................................................................................... 150

Wholesale wine, beer and liquor license............................................................ 250

Wholesale beer dealer’s license............................................................................. 75

Wine-maker’s license.............................................................................................. 75

License for an instructional wine-making facility........................................... 75

Brew pub’s license................................................................................................... 75

Brewer’s license   75

      Sec. 14.  NRS 369.490 is hereby amended to read as follows:

      369.490  1.  Except as otherwise provided in subsection 2, a person shall not directly or indirectly, himself or by his clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this State, or transport or import or cause to be transported or imported any liquor in or into this State for delivery, storage, use or sale therein, unless the person:

      (a) Has complied fully with the provisions of this chapter; and

      (b) Holds an appropriate, valid license, permit or certificate issued by the Department.

      2.  Except as otherwise provided in subsection 3, the provisions of this chapter do not apply to a person:

      (a) Entering this State with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty;

      (b) Who imports 1 gallon or less of alcoholic beverage per month from another state for his own household or personal use; [or]

      (c) Who:

             (1) Is a resident of this State;

             (2) Is 21 years of age or older; and

             (3) Imports 12 cases or less of wine per year for his own household or personal use [.] ; or

      (d) Who is lawfully in possession of wine produced on the premises of an instructional wine-making facility for his own household or personal use and who is acting in a manner authorized by section 3 of this act.

      3.  The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he is acting in his professional capacity.

      4.  A person who accepts liquor shipped into this State pursuant to paragraph (b) or (c) of subsection 2 must be 21 years of age or older.

      Sec. 15.  This act becomes effective upon passage and approval.

________

 

CHAPTER 346, SB 256

Senate Bill No. 256–Committee on Commerce and Labor

 

CHAPTER 346

 

AN ACT relating to public utilities; revising certain provisions relating to the regulation of public utilities; changing the date on which the Public Utilities Commission of Nevada must mail certain report forms to public utilities and other regulated entities; revising certain provisions relating to changes in schedules; revising the period within which the Commission must take action on certain applications; revising the period within which an electric utility must file a general rate application; revising the period within which an electric utility must file an application to clear its deferred accounts; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 1276 (Chapter 346, SB 256)ê

 

file an application to clear its deferred accounts; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.035 is hereby amended to read as follows:

      704.035  1.  On or before June [1] 15 of each year, the Commission shall mail revenue report forms to all public utilities, providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities, providers of discretionary natural gas service and alternative sellers on file with the Commission. The revenue report form serves as notice of the Commission’s intent to assess such entities, but failure to notify any such entity does not invalidate the assessment with respect thereto.

      2.  Each public utility, provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the Commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

      3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service and alternative seller, be paid quarterly on July 1, October 1, January 1 and April 1.

      4.  The assessment computed by the public utility, provider of discretionary natural gas service or alternative seller is subject to review and audit by the Commission, and the amount of the assessment may be adjusted by the Commission as a result of the audit and review.

      5.  Any public utility, provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

      6.  When a public utility, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity, the Commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection, the jurisdiction of the Commission over the selling, transferring or conveying public utility, provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

      7.  The Commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.

 


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ê2005 Statutes of Nevada, Page 1277 (Chapter 346, SB 256)ê

 

      8.  The Commission shall, upon collection, transfer to the Account for the Consumer’s Advocate that portion of the assessments collected which belongs to the Consumer’s Advocate.

      Sec. 2.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and 704.68904 to 704.68984, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:

      1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an application to clear its deferred accounts, the Consumer’s Advocate shall be deemed a party of record.

      2.  Except as otherwise provided in subsections 3 and 11, if a public utility files with the Commission an application to make changes in any schedule, [not later than 180 days after the date on which the application is filed,] the Commission shall issue a written order approving or disapproving, in whole or in part, the proposed changes [.] :

      (a) For a public utility that is a PAR carrier, not later than 180 days after the date on which the application is filed; and

      (b) For all other public utilities, not later than 210 days after the date on which the application is filed.

      3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. In determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within [180 days after the date on which the general rate application is filed with the Commission,] the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months [.]

 


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ê2005 Statutes of Nevada, Page 1278 (Chapter 346, SB 256)ê

 

electric utility shall file a general rate application pursuant to this subsection at least once every 24 months [.] based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application on or before October 3, 2005, and at least once every 24 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application on or before November 15, 2006, and at least once every 24 months thereafter.

      4.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

      5.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 6 or an application to clear its deferred accounts pursuant to subsection 7, if the public utility is otherwise authorized by those provisions to file such an application.

      6.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to an electric utility using deferred accounting pursuant to NRS 704.187.

      7.  Except as otherwise provided in subsection 8 and subsection 4 of NRS 704.100, if an electric utility using deferred accounting pursuant to NRS 704.187 files an application to clear its deferred accounts and to change one or more of its rates based upon changes in the costs for purchased fuel or purchased power, the Commission, after a public hearing and by an appropriate order:

      (a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the Commission.

      (b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility.

      8.  Before allowing an electric utility to clear its deferred accounts pursuant to subsection 7, the Commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this State for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The Commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.

 


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ê2005 Statutes of Nevada, Page 1279 (Chapter 346, SB 256)ê

 

transaction that was undertaken, managed or performed imprudently by the electric utility.

      9.  If an electric utility files an application to clear its deferred accounts pursuant to subsection 7 while a general rate application is pending, the electric utility shall:

      (a) Submit with its application to clear its deferred accounts information relating to the cost of service and rate design; and

      (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

      10.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

      11.  A PAR carrier may, in accordance with this section and NRS 704.100, file with the Commission a request to approve or change any schedule to provide volume or duration discounts to rates for telecommunication service for an offering made to all or any class of business customers. The Commission may conduct a hearing relating to the request, which must occur within 45 days after the date the request is filed with the Commission. The request and schedule shall be deemed approved if the request and schedule are not disapproved by the Commission within 60 days after the date the Commission receives the request.

      12.  As used in this section:

      (a) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (b) “Electric utility that primarily serves densely populated counties” has the meaning ascribed to it in NRS 704.187.

      (c) “Electric utility that primarily serves less densely populated counties” has the meaning ascribed to it in NRS 704.187.

      (d) “PAR carrier” has the meaning ascribed to it in NRS 704.68942.

      Sec. 3.  NRS 704.187 is hereby amended to read as follows:

      704.187  1.  Except as otherwise provided in section 36 of chapter 16, Statutes of Nevada 2001, beginning on March 1, 2001, an electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

      2.  An electric utility using deferred accounting shall include in its annual report to the Commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this State using deferred accounting. If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility, the Commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.

      3.  Except as otherwise provided in [subsection 4,] this section, an electric utility using deferred accounting shall file an annual application to clear its deferred accounts [after the end of each 12-month period of deferred accounting.] based on the following schedule:

 


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ê2005 Statutes of Nevada, Page 1280 (Chapter 346, SB 256)ê

 

      (a) An electric utility that primarily serves less densely populated counties shall file an annual application to clear its deferred accounts on December 1, 2005, and in December of each year thereafter on a date specified by the Commission.

      (b) An electric utility that primarily serves densely populated counties shall file an annual application to clear its deferred accounts on January 17, 2006, and in January of each year thereafter on a date specified by the Commission.

      4.  An electric utility using deferred accounting may file [an] a semiannual application to clear its deferred accounts [after the end of a 6-month period of deferred accounting] if the net [increase or decrease] change in revenues necessary to clear its deferred accounts for the [6-month] reported period is more than 5 percent of the total revenues generated by the electric utility during that period from its rates for purchased fuel and purchased power most recently authorized by the Commission.

      5.  [The Commission shall adopt regulations prescribing the period within which an electric utility must file an application to clear its deferred accounts after the end of a period of deferred accounting.

      6.] As used in this section:

      (a) “Application to clear its deferred accounts” means an application filed by an electric utility pursuant to this section and subsection 7 of NRS 704.110.

      (b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the Commission determines are not recoverable pursuant to subsection 8 of NRS 704.110.

      (c) “Electric utility” means any public utility or successor in interest that:

             (1) Is in the business of providing electric service to customers;

             (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

             (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State.

Ê The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

      (d) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

      (e) “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

 


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ê2005 Statutes of Nevada, Page 1281 (Chapter 346, SB 256)ê

 

      Sec. 4.  NRS 704.7815 is hereby amended to read as follows:

      704.7815  “Renewable energy system” means:

      1.  A facility or energy system that:

      (a) Uses renewable energy or energy from a qualified energy recovery process to generate electricity; [and

      (b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process via:

             (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy or energy from a qualified energy recovery process and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

             (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.]

      (b) Either:

             (1) Is directly connected to a provider of electric service through the use of a dedicated transmission or distribution line; or

             (2) Schedules and delivers, either directly or through a contract path transaction, the electricity it generates from a renewable energy system or from a qualified energy recovery process to a provider of electric service; and

      (c) Has a commercial operation date on or after July 1, 2005, has applied to, petitioned for or sought an advisory opinion from the Commission to be registered as a renewable energy system before July 1, 2005, or is currently providing electricity to a provider of electric service using renewable energy or energy from a qualified energy recovery process. As used in this paragraph, “commercial operation date” means the date the facility first produces electrical energy, for any purpose, at its current location or any former location.

      2.  A solar energy system that reduces the consumption of electricity, natural gas or propane.

      3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

      Sec. 5.  Section 35 of chapter 16, Statutes of Nevada 2001, as last amended by chapter 604, Statutes of Nevada 2001, at page 3269, is hereby amended to read as follows:

      Sec. 35.  Except as otherwise provided in section 36 of this act and notwithstanding the provisions of any other specific statute to the contrary:

      1.  An electric utility shall not file an application for a fuel and purchased power rider on or after the effective date of this act.

      2.  Each application for a fuel and purchased power rider filed by an electric utility which is pending with the commission on the effective date of this act and which the electric utility did not place into effect before or on April 1, 2001, is void and unenforceable and is not valid for any purpose after April 1, 2001.

      3.  If, before March 1, 2001, an electric utility incurred any costs for fuel or purchased power, including, without limitation, any costs for fuel or purchased power recorded or carried on the books and records of the electric utility, and those costs were not recovered or could not be recovered pursuant to a fuel and purchased power rider placed into effect by the electric utility before March 1, 2001, the electric utility is not entitled, on or after March 1, 2001, to recover any of those costs for fuel or purchased power from customers, and the commission shall not allow the electric utility to recover any of those costs for fuel or purchased power from customers.

 


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ê2005 Statutes of Nevada, Page 1282 (Chapter 346, SB 256)ê

 

placed into effect by the electric utility before March 1, 2001, the electric utility is not entitled, on or after March 1, 2001, to recover any of those costs for fuel or purchased power from customers, and the commission shall not allow the electric utility to recover any of those costs for fuel or purchased power from customers.

      4.  Except as otherwise provided in this section, on and after the effective date of this act:

      (a) The commission shall not take any further action on the comprehensive energy plan, and each electric utility that jointly filed the comprehensive energy plan shall be deemed to have withdrawn the comprehensive energy plan;

      (b) The rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a component of the electric utility’s rates for fuel and purchased power; and

      (c) The revenues for services provided by each electric utility for the period of March 1, 2001, to March 31, 2001, inclusive, from the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a credit in the electric utility’s deferred accounts.

      5.  On or before October 1, 2001, each electric utility that primarily serves densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session. On or before December 1, 2001, each electric utility that primarily serves densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

      (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

      (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

Ê After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with [subsection 3 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session.] chapter 704 of NRS.

 


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ê2005 Statutes of Nevada, Page 1283 (Chapter 346, SB 256)ê

 

chapter 704 of NRS. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with [section 19 of this act and subsection 7 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session.] chapter 704 of NRS.

      6.  On or before December 1, 2001, each electric utility that primarily serves less densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session. On or before February 1, 2002, each electric utility that primarily serves less densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

      (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

      (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

Ê After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with [subsection 3 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session.] chapter 704 of NRS. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with [section 19 of this act and subsection 7 of NRS 704.110, as amended by this act and Assembly Bill No. 661 of this session.] chapter 704 of NRS.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

 


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ê2005 Statutes of Nevada, Page 1284ê

 

CHAPTER 347, SB 332

Senate Bill No. 332–Committee on Commerce and Labor

 

CHAPTER 347

 

AN ACT relating to real estate; revising provisions relating to the regulation of real estate brokers, broker-salesmen and salesmen; requiring the preparation and distribution of booklets on disclosures; authorizing, under certain circumstances, the Administrator of the Real Estate Division of the Department of Business and Industry to charge and collect certain fees and costs relating to audits conducted of real estate brokers; prohibiting an owner-developer from employing salesmen unless the owner-developer also employs a qualified broker-salesman to act as a sales manager over the salesmen; prohibiting the issuance of a permit or registration under certain circumstances to a person whose previous permit or registration was revoked; revising provisions relating to the scope of a license as a residential appraiser; revising provisions relating to fingerprints required for background checks; requiring the Commission of Appraisers of Real Estate to adopt certain regulations relating to licensure of, and continuing education for, appraisers; increasing the period during which certain disciplinary proceedings must be commenced; revising the definition of “sales agent” involved in the sale of time shares; revising provisions relating to the registration of representatives involved in the sale of time shares; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  An applicant for a license as a real estate salesman is not required to pass the uniform portion of a national real estate examination otherwise required by NRS 645.330 and 645.460 if:

      (a) He holds a license in good standing as a real estate broker, broker-salesman or salesman issued by another state or territory of the United States, or the District of Columbia;

      (b) The requirements for licensure as a real estate salesman issued in that state or territory of the United States, or the District of Columbia, are substantially equivalent to the requirements in this State for licensure as a real estate salesman; and

      (c) The applicant has passed the examination in that state or territory of the United States, or the District of Columbia.

      2.  The Division may issue a license as a real estate broker or broker-salesman to a person who holds a license as a real estate broker or broker-salesman, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, if that state or territory, or the District of Columbia, has entered into a reciprocal agreement with the Commission for the issuance of licenses pursuant to this chapter and the person submits proof to the Division that:

 


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      (a) He has been issued a license as a real estate broker or broker-salesman, or an equivalent license, by that state or territory of the United States, or the District of Columbia; and

      (b) At the time he files his application with the Division, the license is in good standing.

      3.  The Division may refuse to issue a license as a real estate broker or broker-salesman pursuant to subsection 2 to a person who has committed any act or offense that would be grounds for denying a license to an applicant or taking disciplinary action against a licensee pursuant to this chapter.

      4.  The Commission shall not enter into a reciprocal agreement pursuant to subsection 2 unless the provisions relating to the practice of real estate, including the requirements for the licensing of real estate brokers and real estate broker-salesmen in the other state or territory of the United States, or the District of Columbia, are substantially similar to the provisions relating to the practice of real estate in this State.

      Sec. 3.  1.  The Division shall prepare a booklet that provides relevant information concerning the disclosures that are required by federal, state and local laws and regulations by a buyer and a seller in a transaction involving the sale of residential property.

      2.  The Division shall make copies of the booklet prepared pursuant to subsection 1 available to licensees which the licensee must distribute to prospective buyers and sellers in the sale of residential property in accordance with the regulations adopted by the Commission.

      3.  The Commission shall approve the format and content of the information that must be included in the booklet.

      4.  As used in this section, “residential property” has the meaning ascribed to it in NRS 113.100.

      Sec. 4.  1.  The Administrator may charge and collect from a real estate broker an amount equal to the amount of the actual costs and fees incurred by the Division to conduct an audit of the financial accounts of the real estate broker pursuant to this chapter or any regulations adopted pursuant thereto if:

      (a) The Division makes a request during the course of the audit for the real estate broker to produce, provide access to or grant authorization to the Division to inspect or obtain any documentation related to the business of a real estate broker which the broker is required to maintain pursuant to NRS 645.310 and any regulations adopted pursuant to this chapter;

      (b) The real estate broker fails to comply with the request within a reasonable time established by the Division; and

      (c) The Division has reasonable cause to believe that the requested documentation will assist it in investigating whether the real estate broker has committed any act or offense that would be grounds for taking disciplinary action against the real estate broker.

      2.  If the Administrator charges a real estate broker for the costs and fees of an audit pursuant to subsection 1, the Administrator shall bill the real estate broker upon the completion of the audit. The costs and fees must be paid within 90 days after the date the real estate broker receives the bill. Except as otherwise provided in this subsection, any payment received after the due date must include a penalty in the amount of 10 percent of the amount specified in the bill plus an additional penalty in the amount of 1 percent of the amount for each month, or portion of a month, that the bill is not paid.

 


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that the bill is not paid. The Administrator may waive the penalty for good cause.

      3.  The failure of a real estate broker to pay any costs and fees as required by this section constitutes grounds for disciplinary action against the real estate broker.

      4.  Money received by the Division pursuant to this section must be:

      (a) Deposited with the State Treasurer for credit to the appropriate account of the Division.

      (b) Used by the Division only to offset the fees and costs incurred by the Division in carrying out the provisions of NRS 645.313.

      Sec. 5.  1.  To qualify as a sales manager for the purposes of NRS 645.283, a licensed real estate broker-salesman must have at least 2 years of experience during the immediately preceding 4 years as a real estate broker-salesman or salesman licensed in this State or any other state or territory of the United States, or the District of Columbia.

      2.  A real estate broker-salesman shall:

      (a) Before becoming associated with an owner-developer as a sales manager, notify the Division on a form prescribed by the Division that he will be acting in that capacity; and

      (b) Upon the termination of his association with an owner-developer as a sales manager, notify the Division of that fact.

      Sec. 6.  NRS 645.035 is hereby amended to read as follows:

      645.035  1.  Within the meaning of this chapter, a “real estate broker-salesman” is any person who holds a real estate broker’s license, or who has passed the real estate broker’s examination, but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with [a] :

      (a) A licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030 [.] ; or

      (b) A registered owner-developer in the capacity of a sales manager in accordance with NRS 645.283 and section 5 of this act.

      2.  In this chapter , the term “real estate salesman” includes “real estate broker-salesman” when applicable.

      Sec. 7.  NRS 645.280 is hereby amended to read as follows:

      645.280  1.  It is unlawful for any licensed real estate broker, or broker-salesman or salesman to offer, promise, allow, give or pay, directly or indirectly, any part or share of his commission, compensation or finder’s fee arising or accruing from any real estate transaction to any person who is not a licensed real estate broker, broker-salesman or salesman, in consideration of services performed or to be performed by the unlicensed person. A licensed real estate broker may pay a commission to a licensed broker of another state.

      2.  A real estate broker-salesman or salesman shall not be associated with or accept compensation from any person other than the broker or owner-developer under whom he is licensed at the time [licensed.] of the real estate transaction.

      3.  It is unlawful for any licensed real estate broker-salesman or salesman to pay a commission to any person except through the broker or owner-developer under whom he is licensed at the time [licensed.] of the real estate transaction.

 


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      Sec. 8.  NRS 645.283 is hereby amended to read as follows:

      645.283  1.  [An] Except as otherwise provided in subsection 2, an owner-developer who is registered with the Real Estate Division may employ one or more licensed real estate salesmen to sell any single-family residence, owned by the owner-developer and not previously sold, which is within the area covered by his current registration.

      2.  An owner-developer may not employ a licensed real estate salesman pursuant to subsection 1 unless a licensed real estate broker-salesman who is qualified pursuant to section 5 of this act is associated with the owner-developer as a sales manager to oversee the activities of the real estate salesman.

      3.  The area covered by an owner-developer’s registration may be enlarged from time to time upon application and payment of the required fee.

      [3.] 4.  Registration may be kept in force by annual renewal.

      Sec. 9.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  Except as otherwise provided by a specific statute, the Division may approve an application for a license for a person who meets all the following requirements:

      (a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the Division.

      (b) Has not made a false statement of material fact on his application.

      (c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (d) Has submitted the statement required pursuant to NRS 645.358 if the person is a natural person.

      (e) Has passed the examination.

      2.  The Division:

      (a) May deny a license to any person who has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and

      (b) Shall not issue a license to such a person until at least 3 years after:

             (1) The person pays any fine or restitution ordered by the court; or

             (2) The expiration of the period of the person’s parole, probation or sentence,

Ê whichever is later.

      3.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country [within 10 years] before the date of the application is grounds for refusal to grant a license.

      4.  [A] Except as otherwise provided in section 2 of this act, a person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this State, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a broker’s license.

 


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      Sec. 10.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  Except as otherwise provided by a specific statute, the Division may approve an application for a license for a person who meets all the following requirements:

      (a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the Division.

      (b) Has not made a false statement of material fact on his application.

      (c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (d) Has passed the examination.

      2.  The Division:

      (a) May deny a license to any person who has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and

      (b) Shall not issue a license to such a person until at least 3 years after:

             (1) The person pays any fine or restitution ordered by the court; or

             (2) The expiration of the period of the person’s parole, probation or sentence,

Ê whichever is later.

      3.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country [within 10 years] before the date of the application is grounds for refusal to grant a license.

      4.  [A] Except as otherwise provided in section 2 of this act, a person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this State, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a broker’s license.

      Sec. 11.  NRS 645.343 is hereby amended to read as follows:

      645.343  1.  In addition to the other requirements contained in this chapter, an applicant for an original real estate salesman’s license must furnish proof satisfactory to the Real Estate Division that he has successfully completed a course of instruction in the principles, practices, procedures, law and ethics of real estate, which course may be an extension or correspondence course offered by the University and Community College System of Nevada, by any other accredited college or university or by any other college or school approved by the Commission. The course of instruction must include the subject of disclosure of required information in real estate transactions, including instruction on methods a seller may use to obtain the required information.

      2.  An applicant for an original real estate broker’s or broker-salesman’s license must furnish proof satisfactory to the Real Estate Division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses which include:

 


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      (a) Three semester units or an equivalent number of quarter units in real estate law, including at least 18 classroom hours of the real estate law of Nevada and another course of equal length in the principles of real estate;

      (b) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics;

      (c) Nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics; and

      (d) Three semester units or an equivalent number of quarter units in broker management.

      3.  On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate broker’s or broker-salesman’s license must furnish proof satisfactory to the Real Estate Division that he has completed 64 semester units or the equivalent in quarter units of college level courses. This educational requirement includes and is not in addition to the requirements listed in subsection 2.

      4.  For the purposes of this section, each person [holding a valid] who holds a license as a real estate [salesman’s license under the provisions of this chapter] broker, broker-salesman or salesman, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, is entitled to receive credit for the equivalent of 16 semester units of college level courses for each 2 years of active experience that, during the immediately preceding 10 years, he has [as a licensed real estate salesman.] obtained while he has held such a license, not to exceed 8 years of active experience. This credit may not be applied against the requirement in subsection 2 for three semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.

      5.  An applicant for a broker’s license pursuant to NRS 645.350 must meet the educational prerequisites applicable on the date his application is received by the Real Estate Division.

      6.  As used in this section, “college level courses” are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the Commission. The Commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the Commission requires.

      Sec. 12.  NRS 645.355 is hereby amended to read as follows:

      645.355  1.  Each applicant for a license as a real estate broker, broker-salesman or salesman must pay a fee for the costs of an investigation of the applicant’s background.

      2.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.]

 


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Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      Sec. 13.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as a qualified intermediary unless he is registered as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.609, inclusive.

      2.  To apply for registration, a person must pay the Division a fee of $100 and a fee to pay the costs of an investigation of the person’s background.

      3.  In addition to the requirements set forth in subsection 2, the person must submit to the Division:

      (a) The following information on a form provided by the Division:

             (1) The applicant’s name, address and telephone number;

            (2) The name under which the applicant will hold the money or other property of a client;

             (3) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each;

             (4) If the applicant is a natural person, the social security number of the applicant; and

             (5) The length of time the applicant has been engaged in the business of acting as such an intermediary; and

      (b) If the person is a natural person, the statement required pursuant to NRS 645.6068.

      4.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.]

 


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Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      6.  Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the Division for that purpose and paying a renewal fee of $75.

      Sec. 14.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as a qualified intermediary unless he is registered as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.6085, inclusive.

      2.  To apply for registration, a person must pay the Division a fee of $100 and a fee to pay the costs of an investigation of the person’s background.

      3.  In addition to the requirements set forth in subsection 2, the person must submit to the Division the following information on a form provided by the Division:

      (a) The applicant’s name, address and telephone number;

      (b) The name under which the applicant will hold the money or other property of a client;

      (c) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each; and

      (d) The length of time the applicant has been engaged in the business of acting as such an intermediary.

      4.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

 


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             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      6.  Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the Division for that purpose and paying a renewal fee of $75.

      Sec. 15.  NRS 645.625 is hereby amended to read as follows:

      645.625  1.  Except as otherwise provided in this section, a complaint filed with the [Commission] Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  [The] A complaint or other document filed [by] with the Commission to initiate disciplinary action and all documents and information considered by the Commission when determining whether to impose discipline are public records.

      Sec. 16.  NRS 645.770 is hereby amended to read as follows:

      645.770  After the revocation of any license , permit or registration by the Commission as provided in this chapter, no new license [shall,] , permit or registration may be issued to the same licensee , permittee or registrant, as appropriate, within [the period of] 1 year [from and] after the date of [such] the revocation, nor at any time thereafter except in the sole discretion of the Real Estate Division, and then only provided that the licensee , permittee or registrant satisfies all the requirements for an original license [.] , permit or registration.

      Sec. 17.  NRS 645C.280 is hereby amended to read as follows:

      645C.280  1.  An appraiser may obtain from the Division:

      (a) A license as a residential appraiser, which authorizes him to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, if [the] :

             (1) The total value does not exceed $1,000,000 and the complexity of the transaction does not, under the regulations of a federal agency or the standards adopted by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, require a certified appraiser; or

             (2) The property is not a complex property;

      (b) A certificate as a residential appraiser, which authorizes him to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, without regard to value or complexity; or

 


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      (c) A certificate as a general appraiser, which authorizes him to perform any appraisal.

      2.  A person certified or licensed as a residential appraiser may, under the direct supervision of a person certified as a general appraiser, assist in the preparation and communication of an appraisal that is outside the scope of his certificate or license.

      3.  The Commission may establish, by regulation, additional classifications of licensure or certification, and the qualifications therefor, if necessary to comply with classifications and qualifications established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

      Sec. 18.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  Each application for a certificate, license or registration card must include the social security number of the applicant and be accompanied by the fee for the certificate, license or registration card and the fee to pay the costs of an investigation of the applicant’s background.

      2.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      Sec. 19.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  Each application for a certificate, license or registration card must be accompanied by the fee for the certificate, license or registration card and the fee to pay the costs of an investigation of the applicant’s background.

      2.  Each applicant must, as part of his application and at his own expense:

 


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      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      Sec. 20.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  1.  The Administrator shall issue a certificate or license, as appropriate, to any person:

      (a) Of good moral character, honesty and integrity;

      (b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330 [;] or any regulation adopted pursuant to that section;

      (c) Who submits the statement required pursuant to NRS 645C.295; and

      (d) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission.

      2.  The Administrator may deny an application for a certificate or license to any person who:

      (a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application; or

      (c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

      Sec. 21.  NRS 645C.320 is hereby amended to read as follows:

      645C.320  1.  The Administrator shall issue a certificate or license, as appropriate, to any person:

      (a) Of good moral character, honesty and integrity;

 


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      (b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330 [;] or any regulation adopted pursuant to that section; and

      (c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission.

      2.  The Administrator may deny an application for a certificate or license to any person who:

      (a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application; or

      (c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.

      Sec. 22.  NRS 645C.330 is hereby amended to read as follows:

      645C.330  The Commission shall adopt regulations that prescribe the standards for education and experience required for the issuance of a certificate or license. Until the Commission adopts those regulations, the standards are as follows:

      1.  An applicant for a license as a residential appraiser must furnish proof satisfactory to the Commission that he has successfully completed:

      (a) Not less than 90 hours of academic instruction in subjects related to appraisals taught in courses approved by the Commission; and

      (b) At least 2 years of experience working full time as an appraiser or intern.

      2.  An applicant for a certificate as a residential appraiser must furnish proof satisfactory to the Commission that he has successfully completed:

      (a) Not less than 120 hours of academic instruction in subjects related to appraisal taught in courses approved by the Commission; and

      (b) At least 2 years of experience working full time as an appraiser or intern, including not less than 500 hours of experience relating to complex property.

      3.  An applicant for a certificate as a general appraiser must furnish proof satisfactory to the Commission that he has successfully completed:

      (a) Not less than 180 hours of academic instruction in subjects related to appraisals taught in courses approved by the Commission; and

      (b) At least 3 years of experience working full time as an appraiser or intern.

      [4.] 

Ê As used in this section, an “hour of academic instruction” means at least 50 minutes of actual time spent receiving instruction.

      Sec. 23.  NRS 645C.430 is hereby amended to read as follows:

      645C.430  1.  An appraiser must complete [the following number of hours of] the requirements for continuing education [in courses approved] prescribed by regulations adopted by the Commission as a condition to the renewal of an active certificate or license or the reinstatement of an inactive certificate or license . [:] Until the Commission adopts those regulations, the standards for continuing education are as follows:

      (a) For the renewal of an active certificate or license, not less than 30 hours of instruction within the 2 years immediately preceding the application for renewal.

 


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      (b) For the reinstatement of a certificate or license which has been on inactive status:

             (1) For not more than 2 years, or for more than 2 years including the initial period of certification or licensure, not less than 30 hours of instruction.

             (2) For more than 2 years, no part of which includes the initial period of certification or licensure, not less than 15 hours of instruction per year for each year that the certificate or license was on inactive status, not to exceed 60 hours of instruction.

      2.  As used in this section, an “hour of instruction” means at least 50 minutes of actual time spent receiving instruction.

      Sec. 24.  NRS 645C.510 is hereby amended to read as follows:

      645C.510  1.  The appraiser or intern must file an answer to the charges with the Commission not later than 30 days after service of the notice and other documents described in NRS 645C.500. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the appraiser or intern will rely. If no answer is filed within the period described in this subsection, the Division may, after notice to the appraiser or intern given in the manner provided in subsection 5 of NRS 645C.500, move the Commission for the entry of a default against the appraiser or intern.

      2.  The answer may be served by delivery to the Commission, or by mailing the answer by certified mail to the principal office of the Division.

      3.  No proceeding to suspend, revoke or deny the renewal of a certificate, license or registration card may be maintained unless it is commenced by giving notice to the appraiser or intern within [3] 5 years after the commission or omission of the alleged grounds to suspend, revoke or deny the renewal of the certificate, license or registration, except that:

      (a) If the charges are based upon a misrepresentation or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and

      (b) The period is suspended during the pendency of any action or proceeding, to which the Division, appraiser or intern is a party, which involves the conduct of the appraiser or intern in a transaction to which the alleged grounds to suspend, revoke or deny the renewal of the certificate, license or registration are related.

      Sec. 25.  NRS 645D.180 is hereby amended to read as follows:

      645D.180  1.  Each application for a certificate must be accompanied by the fee for the certificate and the fee to pay the costs of an investigation of the applicant’s background.

      2.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.]

 


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Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      3.  The Division may:

      (a) Require more than one complete set of fingerprints;

      (b) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (c) Request from each such agency any information regarding the applicant’s background that the Division deems necessary.

      Sec. 26.  NRS 119A.130 is hereby amended to read as follows:

      119A.130  “Sales agent” means a person who, on behalf of a developer, sells or offers to sell a time share to a purchaser [.] or who, if he is not registered as a representative, may act to induce other persons to attend a sales presentation on the behalf of a developer.

      Sec. 27.  NRS 119A.210 is hereby amended to read as follows:

      119A.210  1.  The Administrator shall issue a sales agent’s license to each applicant who submits an application to the Division, in the manner provided by the Division, which includes:

      (a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:

             (1) Ethics.

             (2) The applicable laws and regulations relating to time shares.

             (3) Principles and practices of selling time shares.

      (b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.

      (c) A designation of the developer for whom he proposes to sell time shares.

      (d) The social security number of the applicant.

      (e) Any further information required by the Division, including the submission by the applicant to any investigation by the police or the Division.

      2.  In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass an examination which may be adopted by the Division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.

      3.  Each applicant must submit the statement required pursuant to NRS 119A.263 and pay the fees provided for in this chapter.

      4.  Each applicant must, as part of his application and at his own expense:

 


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      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      6.  A person who is licensed as a real estate salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.

      7.  Each sales agent’s license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee who submits the statement required pursuant to NRS 119A.263 and meets the requirements for renewal may renew his license upon the payment of the renewal fee before his license expires.

      8.  If a licensee fails to renew his license before it expires, the license may be reinstated if the licensee submits the statement and pays the renewal fee and the penalty specified in NRS 119A.360 within 1 year after the license expires.

      9.  The Administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.

      Sec. 28.  NRS 119A.210 is hereby amended to read as follows:

      119A.210  1.  The Administrator shall issue a sales agent’s license to each applicant who submits an application to the Division, in the manner provided by the Division, which includes:

      (a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:

             (1) Ethics.

             (2) The applicable laws and regulations relating to time shares.

             (3) Principles and practices of selling time shares.

 


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      (b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.

      (c) A designation of the developer for whom he proposes to sell time shares.

      (d) Any further information required by the Division, including the submission by the applicant to any investigation by the police or the Division.

      2.  In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass an examination which may be adopted by the Division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.

      3.  Each applicant must pay the fees provided for in this chapter.

      4.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have a complete set of his fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division ; [on a fingerprint card provided by the law enforcement agency or other authorized entity for that purpose;] and

      (b) Submit to the Division [the] :

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary [.] ; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

      (a) [Submit] Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      6.  A person who is licensed as a real estate salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.

      7.  Each sales agent’s license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee who meets the requirements for renewal may renew his license upon the payment of the renewal fee before his license expires.

      8.  If a licensee fails to renew his license before it expires, the license may be reinstated if the licensee pays the renewal fee and the penalty specified in NRS 119A.360 within 1 year after the license expires.

 


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      9.  The Administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.

      Sec. 29.  NRS 119A.250 is hereby amended to read as follows:

      119A.250  1.  The registration of a representative issued pursuant to this chapter expires 1 year after its issuance.

      2.  Each representative who submits the statement required pursuant to NRS 119A.263 and meets the requirements for renewal adopted by the Division may renew his registration upon the payment of the annual renewal fee before his registration expires.

      3.  If a representative fails to renew his registration before it expires, the registration may be reinstated upon the submission of the statement and the payment of the annual renewal fee and the penalty specified in NRS 119A.360 within 1 year after the registration expires.

      4.  A representative issued a registration shall not change his association to another developer [or change his location with the same developer] unless he has obtained from the Division a transfer of his registration for its unexpired term. An application to the Division for the transfer of his registration for the unexpired term must be accompanied by the fee specified in NRS 119A.360 for the transfer of registration.

      Sec. 30.  NRS 119A.250 is hereby amended to read as follows:

      119A.250  1.  The registration of a representative issued pursuant to this chapter expires 1 year after its issuance.

      2.  Each representative who meets the requirements for renewal adopted by the Division may renew his registration upon the payment of the annual renewal fee before his registration expires.

      3.  If a representative fails to renew his registration before it expires, the registration may be reinstated upon the payment of the annual renewal fee and the penalty specified in NRS 119A.360 within 1 year after the registration expires.

      4.  A representative issued a registration shall not change his association to another developer [or change his location with the same developer] unless he has obtained from the Division a transfer of his registration for its unexpired term. An application to the Division for the transfer of his registration for the unexpired term must be accompanied by the fee specified in NRS 119A.360 for the transfer of registration.

      Sec. 31.  NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The Division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

 

For each application for the registration of a representative............ $85

For each renewal of the registration of a representative...................... 85

For each transfer of the registration of a representative to a different developer [or location]               20

For each penalty for a late renewal of the registration of a representative 40

For each preliminary permit to sell time shares................................... 275

For each permit to sell time shares, per subdivision............................ 500

For each amendment to a public offering statement after the issuance of the report              150

For each renewal of a permit to sell time shares................................. 500

For each original and annual registration of a manager...................... 75

For each application for an original license as a sales agent............ 175

 

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