κ2007 Statutes of Nevada, Page 3097 (Chapter 515, AB 424)κ
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
9. Section 21 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,
Κ are repealed by the Congress of the United States.
10. Sections 21 and 27 of this act expire by limitation on the date 2 years after 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,
Κ are repealed by the Congress of the United States.
________
Senate Bill No. 499Committee on Government Affairs
CHAPTER 516
AN ACT relating to school facilities; revising provisions governing the approval of certain plans, designs and specifications for, and the inspection of the construction and renovation of, school buildings; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Under existing law, the board of trustees of a school district must, before letting a contract for the construction or renovation of a school building, submit the relevant plans, designs and specifications to the State Public Works Board for the Boards review and approval. Existing law provides exceptions to this requirement if certain standard plans, designs and specifications are used, or if the State Public Works Board enters into an agreement to have such functions performed by the building department of a county or city. (NRS 385.125, 393.110)
Section 4 of this bill provides that, in a county whose population is 400,000 or more (currently Clark County), existing law remains unchanged.
Section 4 provides that, in a county whose population is less than 400,000 (currently counties other than Clark County), plans, designs and specifications pertaining to the construction or renovation of school buildings must be reviewed by, and the construction or renovation must be inspected by, the county building department or another local building department in the county. If there is no such department, the board of trustees of the school district is required to enter into an agreement with the State Public Works Board, a private person certified by the International Code Council or its successor, or a building department in another county to perform the necessary reviews and inspections.
κ2007 Statutes of Nevada, Page 3098 (Chapter 516, SB 499)κ
Sections 4 and 5 of this bill clarify that the approval of the State Fire Marshal is not required for plans, designs and specifications of school buildings that are reviewed by a local building department or a private person certified by the International Code Council or its successor and, similarly, an inspection of the construction and renovation of school buildings by the State Fire Marshal is not required if the inspection is conducted by such a local building department or private person. However, in conducting reviews pursuant to section 4, the State Public Works Board, building department or private person, as applicable, is required to verify that the plans, designs and specifications comply with the applicable requirements of the relevant codes adopted by this State, including the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal. (NRS 393.110, 477.030)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.580 is hereby amended to read as follows:
278.580 1. Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.
2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada [,] or the Nevada System of Higher Education , [or any school district,] except that such entities may enter into a contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada [,] or the Nevada System of Higher Education . [or any school district.]
3. Notwithstanding any other provision of law, the State and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.
4. A governing body shall amend its building codes and, if necessary, its zoning ordinances and regulations to permit the use of:
(a) Straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure; and
(b) Systems which use solar or wind energy to reduce the costs of energy for a structure if such systems and structures are otherwise in compliance with applicable building codes and zoning ordinances, including those relating to the design, location and soundness of such systems and structures,
Κ to the extent the local climate allows for the use of such materials, technologies, resources and systems.
5. The amendments required by subsection 4 may address, without limitation:
(a) The inclusion of characteristics of land and structures that are most appropriate for the construction and use of systems using solar and wind energy.
(b) The recognition of any impediments to the development of systems using solar and wind energy.
κ2007 Statutes of Nevada, Page 3099 (Chapter 516, SB 499)κ
(c) The preparation of design standards for the construction, conversion or rehabilitation of new and existing systems using solar and wind energy.
6. A governing body shall amend its building codes to include:
(a) The seismic provisions of the International Building Code published by the International Code Council; and
(b) Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.
Sec. 2. NRS 244.3675 is hereby amended to read as follows:
244.3675 Subject to the limitations set forth in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of county commissioners within their respective counties may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.
2. Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada [,] or the Nevada System of Higher Education . [or any school district.]
Sec. 3. NRS 268.413 is hereby amended to read as follows:
268.413 Subject to the limitations contained in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the city council or other governing body of an incorporated city may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada [,] or the Nevada System of Higher Education . [or any school district.]
Sec. 4. NRS 393.110 is hereby amended to read as follows:
393.110 1. Each school district shall, in the design, construction and alteration of school buildings and facilities , comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
2. [Except as otherwise provided in subsection 3:
(a) Unless] In a county whose population is 400,000 or more:
(a) Except as otherwise provided in paragraph (c), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building, the board of trustees of [a] the county school district shall submit the plans, designs and specifications [therefor] to, and obtain the written approval of the plans, designs and specifications by, the State Public Works Board. The State Public Works Board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.
κ2007 Statutes of Nevada, Page 3100 (Chapter 516, SB 499)κ
to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.
(b) [Before] Except as otherwise provided in paragraph (c), before letting any contract or contracts for any addition to or alteration of an existing school building which involves structural systems, or exiting, sanitary or fire protection facilities, the board of trustees of [a] the county school district shall submit the plans, designs and specifications [therefor] to, and obtain the written approval of the plans, designs and specifications by, the State Public Works Board. The State Public Works Board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.
[Κ The State Public Works Board shall verify that all plans, designs and specifications that it reviews pursuant to this section comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
3.] (c) The State Public Works Board may enter into an agreement with the appropriate building department of a county or city to review plans, designs and specifications of a school district pursuant to [subsection 2.] paragraph (a) or (b). If the State Public Works Board enters into such an agreement, the board of trustees of the school district shall submit a copy of its plans, designs and specifications for any project to which [subsection 2] paragraph (a) or (b) applies to the building department before commencement of the project for the approval of [the] that building department. The building department shall review the plans, designs and specifications and provide responsive comment as expeditiously as practicable . [to] The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph. A building department that has entered into an agreement pursuant to this paragraph is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the review conducted pursuant to this paragraph.
3. In a county whose population is less than 400,000:
(a) Except as otherwise provided in paragraph (b), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building or for any addition to or alteration of an existing school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain written approval of the plans, designs and specifications by, the building department of the county or another local building department in the county, as applicable, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit.
κ2007 Statutes of Nevada, Page 3101 (Chapter 516, SB 499)κ
county or another local building department in the county, as applicable, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph.
(b) If there is no county building department or other local building department in the county in which the school district is located, the board of trustees of the school district shall enter into an agreement with the State Public Works Board, a private certificate holder or a local building department in another county to obtain the required reviews of the plans, designs and specifications and to have the required inspections conducted. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a private certificate holder or local building department pursuant to this paragraph.
(c) A permit for construction must be issued before the school district commences construction.
(d) The county building department or other local building department, the State Public Works Board or the private certificate holder, as applicable, shall conduct inspections of all work to determine compliance with the approved plans, designs and specifications. An inspection of the work by the State Fire Marshal is not required if the work is inspected by the private certificate holder or local building department.
(e) A department, agency, private certificate holder or the State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for:
(1) Review of the plans, designs or specifications as required by this subsection; or
(2) The inspections conducted pursuant to this subsection.
4. In conducting reviews pursuant to this section, the State Public Works Board, building department or private certificate holder, as applicable, shall verify that the plans, designs and specifications comply with [all] :
(a) The applicable requirements of the relevant codes adopted by this State, including, without limitation, the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal;
(b) The applicable requirements of the relevant codes adopted by the local authority having jurisdiction; and
(c) All applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., inclusive, and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. [The building department may charge and collect a reasonable fee from the board of trustees of the school district for the payment of any costs incurred by the building department in reviewing the plans, designs and specifications. A permit for construction must not be issued without the approval of the building department pursuant to this subsection.] The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
κ2007 Statutes of Nevada, Page 3102 (Chapter 516, SB 499)κ
[4.] 5. No contract for any of the purposes specified in [subsection 1] this section made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.
6. As used in this section, private certificate holder means a person who, as applicable, holds a valid certification issued by the International Code Council or its successor:
(a) To review plans, designs and specifications for the erection of, addition to or alteration of a school building;
(b) To inspect work to ensure that the erection of, addition to or alteration of a school building is carried out in conformance with the relevant plans, designs and specifications; or
(c) To perform the activities described in paragraphs (a) and (b).
Sec. 5. 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,
Κ 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.
Κ 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 school district except as otherwise provided in NRS 393.110, or 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.
2. The State Fire Marshal may:
(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
κ2007 Statutes of Nevada, Page 3103 (Chapter 516, SB 499)κ
(b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters 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 Health and Human Services 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] Except as otherwise provided in NRS 393.110, 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,
Κ on request or as he deems necessary.
10. 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 governments personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions.
κ2007 Statutes of Nevada, Page 3104 (Chapter 516, SB 499)κ
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.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 476Committee on Commerce and Labor
CHAPTER 517
AN ACT relating to business; providing for the licensing and regulation of exchange facilitators by the Division of Financial Institutions of the Department of Business and Industry; authorizing the Division to charge and collect fees in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Under existing law, the Real Estate Division of the Department of Business and Industry regulates the activities of qualified intermediaries. (NRS 645.606-645.6085) This bill transfers regulatory and licensing authority concerning qualified intermediaries from the Real Estate Division to the Division of Financial Institutions of the Department of Business and Industry.
Section 42 of this bill renames the entities to be regulated and licensed as exchange facilitators, and expands the scope of this term to include both qualified intermediaries and exchange accommodation titleholders.
Sections 3-21.5, 42, 43 and 47-50 of this bill regulate the activities of exchange facilitators and include provisions concerning: (1) applications for and renewals of a license as an exchange facilitator; (2) certain bonds and insurance policies that must be maintained by a licensee; (3) the handling of money held in accounts for clients; (4) the management of a licensee that is not a natural person; and (5) notice that must be provided to clients and to the Division in certain circumstances. Sections 21 and 21.5 set forth the fees which the Division is required to charge and collect relating to applications for and renewals of a license and how money received by the Division must be deposited.
Sections 22-38 of this bill govern disciplinary proceedings against an exchange facilitator. Section 22 authorizes the Commissioner of the Division of Financial Institutions to investigate an exchange facilitator. Section 25 authorizes the Commissioner to require a licensee to pay an administrative fine of not more than $200 per day or to suspend, revoke, deny the renewal of or place conditions upon his license, or impose any combination of such actions in certain circumstances.
κ2007 Statutes of Nevada, Page 3105 (Chapter 517, SB 476)κ
license, or impose any combination of such actions in certain circumstances. Under section 38, a person who is not licensed pursuant to the provisions of this bill who acts as an exchange facilitator or holds himself out as a licensee is guilty of a gross misdemeanor and is further liable to the Division for a civil penalty of $200 per day for each day that the violation continues.
Section 39 of this bill authorizes the Division to issue a reciprocal license to a person who is licensed as an exchange facilitator in another state in certain circumstances. Section 39.5 of this bill authorizes the Division to issue a special license to a financial institution that maintains an office in this State in certain circumstances.
Section 40 of this bill requires the Commissioner to conduct an audit of all exchange facilitators at least every 5 years and to conduct on a random basis additional partial audits of any licensee who has a history of violations of the provisions of this bill.
Upon passage and approval of this bill, the Legislative Counsel will transfer NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act from chapter 645 of NRS to a new chapter of NRS. Upon passage and approval of this bill, the Legislative Counsel will transfer all the regulations created under NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act to the chapter of NAC that corresponds with the new chapter of NRS in which NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act are transferred.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 40, inclusive, of this act.
Sec. 3. As used in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 645.606 and sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Commissioner means the Commissioner of Financial Institutions.
Sec. 5. Division means the Division of Financial Institutions of the Department of Business and Industry.
Sec. 6. Financial institution means any bank, savings and loan association, savings bank or trust company, including a subsidiary or holding company of these, doing business in this State that is federally insured and organized under, or supervised pursuant to, the laws of the United States or of any state.
Sec. 7. Licensee means a person licensed as an exchange facilitator pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act.
Sec. 8. Except as otherwise provided in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, do not apply to:
1. Any bank, thrift company, credit union, trust company, savings and loan association, including a subsidiary or holding company of these, or any mortgage or farm loan association licensed under the laws of this State or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.
κ2007 Statutes of Nevada, Page 3106 (Chapter 517, SB 476)κ
of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.
2. A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
3. A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
4. The purchase, sale or locating of mining claims or options thereon or interests therein.
5. The State of Nevada or a political subdivision thereof.
Sec. 9. 1. A license issued pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act is nontransferable.
2. The business of a licensee must not be sold or ownership of the business transferred before the prospective buyer or owner has complied with the provisions of section 43 of this act.
Sec. 10. 1. A licensee may establish one or more branch offices in this State.
2. A licensee who establishes one or more branch offices in this State shall provide written notice to the Division of the establishment of any such branch office within 30 days after establishment of the branch office.
Sec. 11. A license issued pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act must be conspicuously displayed in the primary place of business of the licensee, and a copy of the license must be conspicuously displayed in each branch office of the licensee.
Sec. 12. 1. The business of a licensee, if the licensee is not a natural person, must be conducted under the direct management of an officer or employee of the licensee designated by the licensee as an exchange facilitator officer, who is licensed pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act and who is:
(a) An attorney or certified public accountant admitted to practice in any state or territory of the United States;
(b) A certified exchange specialist certified by the Federation of Exchange Accommodators or its successor; or
(c) A person who has been actively conducting the business of an exchange facilitator or who has equivalent experience, as determined by the Division, for the 3 years immediately preceding his designation as an exchange facilitator officer.
2. A licensee shall notify the Division in writing within 10 working days after:
(a) The designation of any exchange facilitator officer, setting forth the experience and qualifications of the exchange facilitator officer and other such information as may be required by the Division; and
(b) The termination of the employment of any exchange facilitator officer.
Sec. 13. 1. Each licensee is a fiduciary of all money, property, other considerations and instruments received by the licensee from the client.
2. Each licensee shall invest money related to a tax-deferred exchange of property in investments which meet the reasonable standards that are applicable to persons acting as fiduciaries in this State.
κ2007 Statutes of Nevada, Page 3107 (Chapter 517, SB 476)κ
Sec. 14. Money held in any account for a client may not be withdrawn from the account without the written approval of the licensee and the client.
Sec. 15. 1. Except as otherwise provided in subsection 2, a licensee shall maintain a policy of insurance covering liability for errors and omissions in an amount not less than $250,000 executed by an insurer authorized to do business in this State and approved by the Division.
2. In lieu of such a policy of insurance, a licensee may deposit with the Division under such terms and conditions as the Division may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Division.
3. A licensee shall provide proof of the coverage required pursuant to this section, including, without limitation, the name and address of the insurer, to a client.
4. The provisions of subsections 1 and 2 do not prohibit the licensee from maintaining a policy of insurance, deposits or other forms of security in excess of the amounts required by subsections 1 and 2.
5. Any person claiming against a policy of insurance or deposit required by this section may bring an action in a court of competent jurisdiction on the policy of insurance or deposit for damages to the extent covered by the policy. A person who brings an action on a policy or deposit shall notify the Division in writing upon filing the action.
6. Upon receiving a request from a client of an exchange facilitator, the Division shall notify the client:
(a) That a policy of insurance is in effect or that a deposit has been made, and the amount of either; and
(b) If there is an action against the policy of insurance, of the title, court and case number of the action and the amount sought by the plaintiff.
7. If an insurer, or in the case of a deposit, the Division, wishes to make payment without awaiting action by a court, the amount of the policy or deposit must be reduced to the extent of any payment made by the insurer or the Division in good faith under the policy or deposit. Any payment must be based on written claims received by the insurer or the Division before any action is taken by a court.
8. Claims against a policy of insurance or deposit have equal priority, and if the policy or deposit is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the exchange facilitator for the unpaid balance.
Sec. 16. A licensee shall provide written notice to the Division at least 30 days before the cancellation or withdrawal of any bond, policy of insurance or security required pursuant to NRS 645.608 or section 15 of this act. The Division shall suspend the license of a licensee upon notice that the licensee has cancelled or withdrawn any bond, policy of insurance or security required pursuant to NRS 645.608 or section 15 of this act.
Sec. 17. (Deleted by amendment.)
Sec. 18. All exchange funds must be kept separate from money belonging to the licensee and must be deposited in a financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 unless another financial institution has been designated in writing in the exchange agreement.
κ2007 Statutes of Nevada, Page 3108 (Chapter 517, SB 476)κ
that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 unless another financial institution has been designated in writing in the exchange agreement. The money when deposited must be designated as trust funds or escrow accounts or under some other appropriate name indicating that the money is not the money of the licensee.
Sec. 19. 1. Exchange funds are not subject to execution or attachment on any claim against the licensee.
2. A licensee shall not knowingly keep or cause to be kept any money in any bank, credit union or other financial institution under any name designating the money as belonging to the clients of any licensee, unless the money belongs to the client and was actually entrusted to the licensee by the client.
Sec. 20. If a licensee fails to apply for a renewal of his license before the date of the expiration thereof, no license may be issued to him except upon another application for an original license, except that within 1 year of such expiration a renewal may be issued upon payment of a fee one and one-half times the amount otherwise required for renewal.
Sec. 21. 1. The Commissioner shall charge and collect the following fees:
(a) For the filing and investigation of an application for a license, a nonrefundable fee of not more than $1,000 and any additional expenses incurred in the process of investigation;
(b) For the issuance of a license, at least $200;
(c) For the annual renewal of a license, at least $200;
(d) For the issuance of a license for each branch office of a licensee, a nonrefundable fee of at least $200;
(e) For the annual renewal of a license for each branch office of a licensee, at least $250;
(f) For the issuance of a reciprocal license, at least $150;
(g) For the annual renewal of a reciprocal license, at least $150; and
(h) For the reissuance of a license because of a change in the business address of the licensee, at least $200.
2. All money received by the Commissioner pursuant to paragraph (a) of subsection 1 must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.
3. The Commissioner shall adopt regulations establishing the amount of fees required pursuant to this section.
Sec. 21.5. Except as otherwise provided in NRS 645.6085 and section 21 of this act, all money received by the Commissioner pursuant to this chapter must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
Sec. 22. The Commissioner or the Division may investigate the actions of any exchange facilitator or any person who acts in any such capacity within this State.
Sec. 23. The Division shall maintain a public docket or other record in which it shall record from time to time as made:
1. The rulings or decisions upon all complaints filed with the Division concerning an exchange facilitator.
2. All investigations instituted by the Commissioner or the Division in the first instance, upon or in connection with which any hearing has been held, or in which the licensee charged has made no defense.
κ2007 Statutes of Nevada, Page 3109 (Chapter 517, SB 476)κ
3. Denials of applications made to the Division for licensing.
Sec. 24. 1. Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, 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. A complaint or other document filed with the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.
Sec. 25. 1. The Commissioner may require a licensee to pay an administrative fine of not more than $200 per day for each violation he commits or may suspend, revoke, deny the renewal of or place conditions upon his license, or impose any combination of those actions, at any time if:
(a) The licensee, by false or fraudulent representation, obtained a license.
(b) The licensee, whether or not acting as such, is found guilty of:
(1) Making any material misrepresentation.
(2) Making any false promises of a character likely to influence, persuade or induce.
(c) The licensee has failed, within a reasonable time, to account for or to remit any money which comes into his possession or under his control and which belongs to others.
(d) The licensee has engaged in any fraudulent act.
(e) The licensee or an owner, officer, director or employee of a licensee, is found guilty of any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of money, robbery or theft.
(f) The licensee has failed to fulfill a contractual duty to deliver property or money, unless the failure to deliver such property or money is beyond the control of the licensee.
(g) A receiver or conservator is appointed to take control of the assets of a licensee.
(h) The licensee is dissolved.
(i) The licensee is bankrupt.
(j) The licensee fails to maintain, for review and audit by the Division, each agreement governed by the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act and entered into by the licensee.
(k) The licensee violates any provision of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act or any regulations adopted pursuant thereto.
2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
3. In addition to any action set forth in subsection 1, the Division may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing required by law, require the applicant or licensee to pay the costs incurred by the Division to conduct any related investigation or hearing.
Sec. 26. 1. The Division shall not suspend the license of a licensee pursuant to section 25 of this act for more than 2 years.
κ2007 Statutes of Nevada, Page 3110 (Chapter 517, SB 476)κ
2. After the revocation of any license by the Commissioner as provided in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, no new license may be issued to the same licensee within 2 years after the date of the revocation and then only provided that the licensee satisfies all the requirements for an original license.
Sec. 27. (Deleted by amendment.)
Sec. 28. The expiration or revocation of a license by operation of law or by order or decision of the Division or a court of competent jurisdiction, or the voluntary surrender of a license does not:
1. Prohibit the Commissioner or the Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the exchange facilitator as authorized pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any penalty authorized pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act or the regulations adopted pursuant thereto against the exchange facilitator.
Sec. 29. 1. The procedure set forth in this section and section 30 of this act must be followed before the Division revokes, suspends or denies the renewal of any license issued pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act.
2. Upon the initiation of a complaint by the Division, the matter must be set for a hearing by the Commissioner, who shall schedule a hearing before the Commissioner, and the licensee is entitled to be heard thereon in person or by counsel.
3. The Commissioner shall hold the hearing within 90 days after the filing of a complaint by the Division. The time of the hearing may be continued at the discretion of the Commissioner or upon the written request of the licensee or of the Division for good cause shown.
4. The licensee must be given at least 30 days notice in writing by the Division of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the complaint. The Division may present evidence obtained after the notice only if the Division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee and that the evidence was given or communicated to the licensee immediately after it was obtained.
5. Notice is complete upon delivery personally to the licensee or by mailing by certified mail to the last known address of the licensee.
Sec. 30. 1. The licensee shall file an answer to the charges with the Commissioner not later than 30 days after service of the notice and other documents described in subsection 4 of section 29 of this act. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely. If no answer is filed within the time limit described in this subsection, the Division may, after notice to the licensee served in the manner authorized in subsection 5 of section 29 of this act, move for the entry of a default against the licensee.
2. The answer may be served by delivery to the Division, or by mailing the answer by certified mail to the principal office of the Division.
κ2007 Statutes of Nevada, Page 3111 (Chapter 517, SB 476)κ
3. No proceeding to suspend, revoke or deny the renewal of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission, except:
(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) Whenever any action or proceeding is instituted to which the Division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act to suspend, revoke or deny the renewal of the license is suspended during the pendency of the action or proceeding.
Sec. 31. The hearing on the charges must be held at such time and place as the Commissioner prescribes. At the hearing, a stenographic transcript of the proceedings must be made if requested or required for judicial review. Any party to the proceedings desiring a transcript must be furnished with a copy upon payment to the Division of the reasonable cost of transcription.
Sec. 32. 1. The Commissioner shall have the power to administer oaths, certify to all official acts, and issue subpoenas for attendance of witnesses and the production of books and papers.
2. In any hearing or investigation in any part of the State, the process issued by the Commissioner shall extend to all parts of the State and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the Commissioner, not to exceed the fees prescribed by law for similar service, and such fees must be paid in the same manner as provided in section 33 of this act for the payment of the fees of witnesses.
Sec. 33. 1. Each witness who appears by order of the Commissioner is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount must be paid by the party at whose request the witness is subpoenaed.
2. When any witness not otherwise required to attend is subpoenaed by the Commissioner, his fees and mileage must be paid by the Division.
Sec. 34. 1. The district court in and for the county in which any hearing may be held shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Commissioner.
2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the Commissioner may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Commissioner in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of such hearing,
κ2007 Statutes of Nevada, Page 3112 (Chapter 517, SB 476)κ
proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of such hearing,
Κ and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Commissioner.
3. The court, upon petition of the Commissioner, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the Commissioner. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued by the Commissioner, the court shall thereupon enter an order that the witness appear before the Commissioner at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court.
Sec. 35. 1. The Commissioner may, in any hearing before him, cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this State, and to that end may compel the attendance of witnesses and the production of books and papers.
2. The clerk of the district court in and for the county in which any hearing may be held by the Commissioner shall, upon the application of the Commissioner, issue commissions to other states for the taking of evidence therein for use in any proceedings before the Commissioner.
3. Any party to any hearing before the Commissioner shall have the right to the attendance of witnesses in his behalf at such hearing or upon deposition as set forth in this section upon making request therefor to the Commissioner and designating the name and address of the person or persons sought to be subpoenaed.
Sec. 36. 1. The Commissioner shall render an informal decision on any complaint within 15 days after the final hearing thereon and shall give notice in writing of the ruling or decision to the applicant or licensee affected thereby within 60 days after the final hearing thereon by certified mail to the last known address of the person to whom the notice is sent.
2. If the ruling is adverse to the licensee, the Commissioner shall also state in the notice the date upon which the ruling or decision becomes effective, which date must not be less than 30 days after the date of the notice.
3. The decision of the Commissioner may not be stayed by any appeal in accordance with the provisions of section 37 of this act, unless the district court so orders upon motion of the licensee, notice to the Division of the motion and opportunity for the Division to be heard.
4. An appeal from a decision of the district court affirming the revocation or suspension of a license does not stay the order of the Commissioner unless the district or appellate court, in its discretion and upon petition of the licensee, after notice and hearing orders such stay, and upon the filing of a bond for costs in the amount of $1,000.
Sec. 37. 1. A ruling or decision of the Commissioner in any disciplinary action is final when in favor of the licensee.
κ2007 Statutes of Nevada, Page 3113 (Chapter 517, SB 476)κ
2. If a ruling or decision is against the licensee, the licensee is entitled to judicial review of the ruling or decision in the manner provided by chapter 233B of NRS.
Sec. 38. 1. Any person who is not licensed pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act who acts as an exchange facilitator in this State or holds himself out as a licensee and any licensee who commits an act set forth in subsection 1 of section 25 of this act is:
(a) Guilty of a gross misdemeanor.
(b) Liable to the Division for a civil penalty of $200 per day for each day that the violation continues.
2. The Division may file an action for injunctive relief in the appropriate district court in this State to prevent the occurrence or continuance of that act.
Sec. 39. 1. A person who is licensed as an exchange facilitator in another state or territory of the United States and is not otherwise required to be licensed pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act may submit an application for a reciprocal license as an exchange facilitator pursuant to the provisions of this section. The Division shall issue a reciprocal license to the applicant if:
(a) The applicant is licensed in a jurisdiction that grants reciprocal licensing to a person licensed pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act;
(b) The Division determines that the laws and regulations governing exchange facilitators of the jurisdiction in which the applicant is licensed are at least equivalent to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act;
(c) The applicant provides proof satisfactory to the Division that the applicant has complied with the requirements of NRS 645.608 and section 15 of this act;
(d) The applicant pays the fee required pursuant to section 21 of this act;
(e) The applicant designates the Division as its representative to receive service of process for matters arising in this State; and
(f) The applicant does not maintain an office in this State in connection with the conduct of the business of an exchange facilitator.
2. The Division shall:
(a) Examine the laws of each state to identify the jurisdictions that meet the requirements for recognition of a reciprocal license pursuant to this section; and
(b) Publish annually a list of the jurisdictions that meet the requirements of this section.
3. A license issued pursuant to this section must be renewed annually on or before July 1, by providing the information required by the Division for that purpose and paying the renewal fee prescribed by section 21 of this act.
Sec. 39.5. 1. A financial institution may obtain a special license pursuant to this section.
2. The Division shall issue a special license to a financial institution if the financial institution:
κ2007 Statutes of Nevada, Page 3114 (Chapter 517, SB 476)κ
(a) Maintains an office in this State;
(b) Pays the fee required pursuant to section 21 of this act for the issuance of a license; and
(c) Complies with any other requirements set forth by regulations adopted by the Division.
3. A financial institution which obtains a special license pursuant to this section is exempt from the requirements of subsections 2 to 7, inclusive, of section 43 of this act except as otherwise required by regulations adopted by the Division.
4. A license issued pursuant to this section must be renewed annually on or before July 1, by providing the information required by the Division for that purpose and paying the renewal fee prescribed by section 21 of this act.
Sec. 40. 1. The Commissioner shall cause to be conducted at least every 5 years an audit of all licensees. The Commissioner shall cause to be conducted each year on a random basis additional partial audits of any licensee who has a history of violations of the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, or the regulations adopted pursuant thereto, as determined by the Commissioner.
2. The Commissioner shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include, without limitation:
(a) Specific audit objectives;
(b) Standards for documentation;
(c) Policies for supervisory review;
(d) Policies for the training of auditors;
(e) The format for the audit report; and
(f) Procedures for the presentation, distribution and retention of the audit report.
3. On or before March 1 of each year, the Commissioner shall make a report of each audit to the Legislature, if it is in session, or to the Interim Finance Committee, if the Legislature is not in session.
Sec. 41. NRS 645.240 is hereby amended to read as follows:
645.240 [1.] The provisions of this chapter do not apply to, and the terms real estate broker and real estate salesman do not include, any:
[(a)] 1. Owner or lessor of property, or any regular employee of such a person, who performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with respect to the property in the regular course of or as an incident to the management of or investment in the property. For the purposes of this paragraph, management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.
[(b)] 2. Employee of a real estate broker while engaged in the collection of rent for or on behalf of the broker.
[(c)] 3. Person while performing the duties of a property manager for a property, if the person maintains an office on the property and does not engage in property management with regard to any other property.
[(d)] 4. Person while performing the duties of a property manager for 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, a time share governed by the provisions of chapter 119A of NRS, or a planned unit development governed by the provisions of chapter 278A of NRS, if the person is a member in good standing of, and, if applicable, holds a current certificate, registration or other similar form of recognition from, a nationally recognized organization or association for persons managing such properties that has been approved by the Real Estate Division by regulation.
κ2007 Statutes of Nevada, Page 3115 (Chapter 517, SB 476)κ
planned unit development governed by the provisions of chapter 278A of NRS, if the person is a member in good standing of, and, if applicable, holds a current certificate, registration or other similar form of recognition from, a nationally recognized organization or association for persons managing such properties that has been approved by the Real Estate Division by regulation.
[(e)] 5. Person while performing the duties of a property manager for property used for residential housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government.
[2. Except as otherwise provided in NRS 645.606 to 645.6085, inclusive, the provisions of this chapter do not apply to:
(a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this State or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.
(b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.
(c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.
(d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
(e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
(f) The purchase, sale or locating of mining claims or options thereon or interests therein.
(g) The State of Nevada or a political subdivision thereof.]
Sec. 42. NRS 645.606 is hereby amended to read as follows:
645.606 1. [As used in NRS 645.606 to 645.6085, inclusive, qualified intermediary has the meaning ascribed to it] Exchange facilitator means a person who, for compensation of any kind, acts as:
(a) A qualified intermediary as defined in 26 C.F.R. § [1.1031(k)-1(g).] 1.1031(k)-1(g)(4) for a client whose relinquished property is located in this State; or
(b) An exchange accommodation titleholder, as that term is defined in Rev. Proc. 2000-37, who holds title to property located in this State.
2. The term includes any person who [advertises] :
(a) Maintains an office in this State for the purpose of soliciting business as an exchange facilitator; or
(b) Advertises or holds himself out as prepared to facilitate a tax-deferred exchange of property in this State by acting as the custodian of money or other property.
3. The term does not include [a bank, credit union or other depository institution, an escrow company, a title insurer, an agent licensed pursuant to chapter 692A of NRS or its subsidiaries or employees.] :
(a) A taxpayer or disqualified person, as those terms are defined in 26 C.F.R. § 1.1031(k)-1(k), who is seeking to qualify for nonrecognition pursuant to 26 U.S.C. § 1031;
κ2007 Statutes of Nevada, Page 3116 (Chapter 517, SB 476)κ
(b) A financial institution when acting solely as a depository for funds used in a tax-deferred exchange of property;
(c) A person who advertises for and teaches seminars or classes, or otherwise gives presentations to attorneys, accountants, real estate professionals, tax professionals or other professionals with the primary purpose of teaching such professionals about tax-deferred exchanges or training such professionals to act as exchange facilitators; or
(d) A qualified intermediary, as defined in 26 C.F.R. § 1.1031(k)-1(g)(4), who holds exchange funds received from the disposition of relinquished property located outside this State.
Sec. 43. 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] an exchange facilitator unless he is [registered] licensed 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 [.] , and sections 3 to 40, inclusive, of this act, including, without limitation, regulations prescribing amounts required for liquidity purposes.
2. To apply for [registration,] a license as an exchange facilitator, a person must pay the Division [a fee of $100 and a fee to pay the costs of an investigation of the persons background.] the fee prescribed by section 21 of this act.
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 applicants name, business 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 shareholders or members who hold 10 percent or more of the voting stock of the applicants business and all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each; and
(4) The length of time the applicant has been engaged in the business of acting as such an [intermediary; and] exchange facilitator;
(5) A summary description of the business of the applicant;
(6) A list of any similar licenses obtained and maintained in other states or other jurisdiction and information regarding revocation of any such license;
(7) The tax identification number of the applicant; and
(8) A current certificate of good standing for the applicant from the state or other jurisdiction in which the applicants business is formed; and
(b) All information required to complete the application.
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 [;] , a complete set of the applicants fingerprints and the fingerprints of each person or officer who will be conducting the business of the applicant in this State and who has authority to transfer exchange money held by the applicant; and
(b) Submit to the Division:
κ2007 Statutes of Nevada, Page 3117 (Chapter 517, SB 476)κ
(1) A completed fingerprint card and written permission authorizing the Division to submit the [applicants] fingerprints described in paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the [applicants] background of each person whose fingerprints were taken 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] described in paragraph (a) were taken and directly forwarded electronically or by another means to the Central Repository and that [the applicant] each person whose fingerprints were taken 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 [applicants] background of each such person and to such other law enforcement agencies as the Division deems necessary.
5. The Division may:
(a) Unless the [applicants] fingerprints described in paragraph (a) of subsection 4 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 [applicants] background of each person whose fingerprints were taken as the Division deems necessary.
6. [Registration] The Division shall approve an application submitted pursuant to this section within 45 days after the submission of the completed application, any additional information required by the Division and proof satisfactory to the Division that the applicant has complied with the provisions of NRS 645.608. Upon approval of an application, the Division shall issue a license to the applicant.
7. A license issued pursuant to [this section] NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act must be renewed [each year] annually on or before [the date of the original registration] July 1, by providing the information required by the Division for that purpose and paying a renewal fee [of $75.] prescribed by section 21 of this act.
Sec. 44. NRS 645.6068 is hereby amended to read as follows:
645.6068 1. In addition to any other requirements set forth in this chapter:
(a) A natural person who applies for the issuance of his [registration as a qualified intermediary] license as an exchange facilitator shall include the social security number of the applicant in the application submitted to the Division.
(b) A natural person who applies for the issuance or renewal of his [registration as a qualified intermediary] license as an exchange facilitator shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the [registration;] license; or
κ2007 Statutes of Nevada, Page 3118 (Chapter 517, SB 476)κ
(b) A separate form prescribed by the Division.
3. An applicant may not be [registered as a qualified intermediary] licensed as an exchange facilitator by the Division if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 45. NRS 645.6068 is hereby amended to read as follows:
645.6068 1. In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of his [registration as a qualified intermediary] license as an exchange facilitator shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the [registration;] license; or
(b) A separate form prescribed by the Division.
3. An applicant may not be [registered as a qualified intermediary] licensed as an exchange facilitator by the Division if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 46. NRS 645.6069 is hereby amended to read as follows:
645.6069 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is [registered with the Division as a qualified intermediary,] licensed as an exchange facilitator, the Division shall deem the [registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who is [registered as a qualified intermediary] licensed as an exchange facilitator stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ2007 Statutes of Nevada, Page 3119 (Chapter 517, SB 476)κ
[registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who is [registered as a qualified intermediary] licensed as an exchange facilitator stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate the [registration of a qualified intermediary] license of an exchange facilitator that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [registration] license was suspended stating that the person whose [registration] license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 47. NRS 645.607 is hereby amended to read as follows:
645.607 1. If the [intermediary] exchange facilitator is a corporation qualified to do business in this State, every officer , [and] director and exchange facilitator officer designated pursuant to section 12 of this act of the corporation who does business in this State must be [registered.] licensed. No other employee is required to [register.] be licensed.
2. If the exchange facilitator is not a natural person or a publicly traded company, each shareholder, member or other owner who owns 10 percent or more of the voting stock, shares or other ownership interest of the exchange facilitator must be licensed.
Sec. 48. NRS 645.6075 is hereby amended to read as follows:
645.6075 A [qualified intermediary shall inform] licensee shall:
1. Maintain a principal place of business in this State or maintain a registered agent in this State;
2. Inform the Division in writing [of] within 10 working days after any change in [his address or] the address or telephone number [.] of his principal place of business or his registered agent, and provide any other information required by the Division; and
3. Inform all clients within 10 working days after:
(a) A change in any of the officers, directors, employees or owners of the licensee who are required to obtain a license pursuant to section 12 or 47 of this act; or
(b) The licensee or any person described in paragraph (a) acquires a new license, has his license suspended or revoked or otherwise relinquishes, loses or has any other change in the status of his license.
Sec. 49. NRS 645.608 is hereby amended to read as follows:
645.608 1. Except as otherwise provided in subsection 2, [a qualified intermediary] an exchange facilitator shall [post with the Division a bond] maintain one or more fidelity bonds in a total amount of not less than $1,000,000 executed by [the intermediary as principal, and by a corporation qualified pursuant to the laws of this State as a surety. The bond must be payable to the State of Nevada and conditioned upon the payment of all money due to the State and the clients of the intermediary. The Division shall, by regulation, establish the minimum amount required for the bond.] an insurer authorized to do business in this State and approved by the Division.
2. In lieu of such a bond [an intermediary] , a licensee may deposit with the Division under such terms and conditions as the Division may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065.
κ2007 Statutes of Nevada, Page 3120 (Chapter 517, SB 476)κ
a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Division.
3. A licensee shall provide proof of the bond required pursuant to this section, including, without limitation, the name and address of the insurer, to a client.
4. Any person claiming against a bond or deposit required by this section may bring an action in a court of competent jurisdiction on the bond or deposit for damages to the extent covered by the bond [.] or deposit. A person who brings an action on a bond or deposit shall notify the Division in writing upon filing the action.
[4.] 5. Upon receiving a request from a person for whose benefit a bond or deposit is required, the Division shall notify him:
(a) That a bond is in effect or that a deposit has been made, and the amount of [the bond;] either; and
(b) If there is an action against the bond, of the title, court and case number of the action and the amount sought by the plaintiff.
[5.] 6. If [a surety] an insurer or, in the case of a deposit, the Division wishes to make a payment without awaiting action by a court, the amount of the bond or deposit must be reduced to the extent of any payment made by the [surety] insurer or the Division in good faith under the bond [.] or deposit. Any payment must be based on written claims received by the [surety] insurer or the Division before any action is taken by a court.
[6.] 7. Claims against a bond or deposit have equal priority, and if the bond or deposit is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the [intermediary] licensee for the unpaid balance.
Sec. 50. NRS 645.6085 is hereby amended to read as follows:
645.6085 The Division shall deposit any money it receives from a civil penalty imposed pursuant to NRS 205.960 and section 38 of this act with the State Treasurer for credit to a separate account in the State General Fund. The Division shall expend at least 75 percent of the money so received to pay administrative costs related to:
1. The [registration of intermediaries;] licensing of exchange facilitators; and
2. Any program it develops to supply information regarding [intermediaries] exchange facilitators to the public.
Κ Any remaining money may be used by the Division to reimburse residents of Nevada for financial losses caused by the illegal conduct of an [intermediary.] exchange facilitator.
Sec. 51. NRS 205.960 is hereby amended to read as follows:
205.960 1. It is unlawful for a person to enter into an agreement to act as [an] a qualified intermediary [to hold the money of another person pursuant to an exchange of property which is or is purported to be tax free pursuant to 26 U.S.C. § 1031] , as defined in 26 C.F.R. § 1.1031(k)-1(g)(4), for a client whose relinquished property is located in this State unless:
(a) [The intermediary is a qualified intermediary as defined in 26 C.F.R. § 1.1031(k)-1(g);] The proceeds from the disposition of the relinquished property are deposited into a qualified escrow account or qualified trust as defined in 26 C.F.R. § 1.1031(k)-1(g)(3).
κ2007 Statutes of Nevada, Page 3121 (Chapter 517, SB 476)κ
property are deposited into a qualified escrow account or qualified trust as defined in 26 C.F.R. § 1.1031(k)-1(g)(3).
(b) [The money is deposited in a qualified escrow account as defined in 26 C.F.R. § 1.1031(k)-1(g); and
(c)] The money is held in such a manner that it may not be withdrawn from the qualified escrow account or qualified trust without the written approval of the intermediary and the [person for whom he is holding the money.] client.
2. A person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. In addition to any other penalty imposed, the court shall order a person who violates subsection 1 to pay a civil penalty of not less than $10,000. The money so collected:
(a) Must not be deducted from any penal fine imposed by the court;
(b) Must be stated separately on the courts docket; and
(c) Must be remitted forthwith to the [Administrator of the Real Estate Division of the Department of Business and Industry.] Commissioner of Financial Institutions.
Sec. 52. (Deleted by amendment.)
Sec. 52.5. NRS 692A.265 is hereby repealed.
Sec. 53. A regulation adopted by the Real Estate Division of the Department of Business and Industry pursuant to NRS 645.606 to 645.6085, inclusive, remains in effect as a regulation of the Division of Financial Institutions of the Department of Business and Industry until amended or repealed by the Division of Financial Institutions.
Sec. 54. As soon as is practicable after passage and approval of this act, the Legislative Counsel will transfer all the regulations created under NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act to the chapter of NAC that corresponds with the new chapter of NRS in which NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act are transferred.
Sec. 55. 1. This section and sections 2 to 44, inclusive, and 46 to 54, inclusive, of this act become effective on July 1, 2007.
2. Section 44 of this act expires 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,
Κ are repealed by the Congress of the United States.
3. Section 45 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 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,
Κ are repealed by the Congress of the United States.
κ2007 Statutes of Nevada, Page 3122 (Chapter 517, SB 476)κ
4. Sections 45 and 46 of this act expire by limitation on the date 2 years after 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,
Κ are repealed by the Congress of the United States.
________
Assembly Bill No. 148Committee on Health and Human Services
CHAPTER 518
AN ACT relating to controlled substances; making various changes concerning the sale, transfer or acquisition of precursors to methamphetamine; making various changes relating to crimes relating to the use or manufacturing of methamphetamine and other controlled substances; revising various provisions relating to nuisances; providing penalties; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
This bill establishes restrictions on the sale and purchase of products that contain materials that can be used to manufacture methamphetamine and makes other various changes pertaining to methamphetamine and other controlled substances.
Section 6 of this bill requires sellers of a product that contains certain materials that can be used to manufacture methamphetamine to keep the product in a locked case or cabinet or behind a store counter so that the public does not have direct access to the product. Section 7 of this bill establishes limits on the quantity of certain chemicals that can be sold to the same person during a calendar day. Section 8 of this bill requires sellers of a product that contains materials that can be used to manufacture methamphetamine to maintain a logbook of sales and transfers of the product and to ensure that certain information is entered in the logbook.
If a seller of a product that contains materials that can be used to manufacture methamphetamine violates section 6, 7 or 8 of this bill, section 9 of this bill provides that the seller is subject to a civil penalty of not more than $250,000 for each violation.
Section 10 of this bill prohibits a person from knowingly or intentionally purchasing or otherwise acquiring a certain amount of certain chemicals that can be used to manufacture methamphetamine. A person who violates this provision is subject to criminal penalties.
Section 11 of this bill prohibits a person from knowingly or intentionally entering false information in the logbook. A person who violates this provision is guilty of a category D felony.
Section 11.5 of this bill prohibits the possession or disposition of chemical waste or debris resulting from the manufacture of methamphetamine.
κ2007 Statutes of Nevada, Page 3123 (Chapter 518, AB 148)κ
Existing law prohibits a person from possessing certain chemicals with the intent to manufacture or compound a controlled substance other than marijuana. (NRS 453.322) Section 11.7 of this bill adds lithium metal and sodium metal to the list of prohibited chemicals. Section 11.7 also prohibits a person from providing such a chemical to another person with the intent that it be used in the manufacturing or compounding of a controlled substance other than marijuana.
Existing law provides that a building or place used to unlawfully manufacture a controlled substance is a nuisance, which creates civil liability, and a public nuisance, which is a crime. (NRS 40.140, 202.450, 202.470) Sections 16 and 17 of this bill provide that a building or place that was used to unlawfully manufacture a controlled substance is both a nuisance and a public nuisance if certain activities relating to the decontamination of the building or place have not occurred within a certain period.
Section 25 of this bill prohibits a person from: (1) selling or transferring in the course of business a product that is a precursor to methamphetamine; or (2) engaging in the business of selling at retail a product that is a precursor to methamphetamine, unless the person is a pharmacy.
Section 26 of this bill requires a pharmacy that becomes aware of any unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine to report the loss or disappearance to the Department of Public Safety.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11.5, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Logbook means a written or electronic list of each sale or transfer of a product that is a precursor to methamphetamine.
Sec. 4. Product that is a precursor to methamphetamine means a product that contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.
Sec. 5. Retail distributor means a grocery store, general merchandise store, drugstore, pharmacy or other entity or person whose activities as a distributor of a product that is a precursor to methamphetamine are limited exclusively or almost exclusively to sales for personal use by an ultimate user, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.
Sec. 6. A retail distributor shall keep, store or place a product that is a precursor to methamphetamine in a locked case or cabinet or behind a counter so that the public does not have direct access to the product before a sale or transfer is made.
Sec. 7. 1. Except as otherwise provided in subsection 2, a retail distributor shall not:
(a) Sell or transfer to the same person during any calendar day, without regard to the number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.
κ2007 Statutes of Nevada, Page 3124 (Chapter 518, AB 148)κ
(b) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:
(1) The product is packaged in blister packs, each blister containing not more than two dosage units; or
(2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.
2. The provisions of subsection 1 do not apply if, pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).
Sec. 8. 1. A retail distributor shall maintain a logbook.
2. At the time of a sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:
(a) The name of the product sold or transferred;
(b) The quantity of the product sold or transferred;
(c) The name and address of the purchaser or transferee; and
(d) The date and time of the sale or transfer.
3. A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:
(a) The prospective purchaser or transferee:
(1) Presents an identification card that provides a photograph and is issued by the Government of the United States or the government of this State or any other state, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and
(2) Signs his name in the logbook; and
(b) The retail distributor determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee.
4. The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in section 11 of this act, and under federal law, as set forth in 18 U.S.C. § 1001.
5. A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.
6. A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.
7. Upon a request, which is made for the purpose of enforcing the provisions of sections 2 to 11, inclusive, of this act, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.
Sec. 9. If a retail distributor violates any provision of section 6, 7 or 8 of this act, the retail distributor is subject to a civil penalty pursuant to the provisions of NRS 453.553 to 453.5533, inclusive.
κ2007 Statutes of Nevada, Page 3125 (Chapter 518, AB 148)κ
Sec. 10. 1. Except as otherwise provided in subsection 2, a person shall not knowingly or intentionally purchase, receive or otherwise acquire:
(a) During any calendar day more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine; or
(b) During any 30-day period, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.
2. The provisions of this section do not apply if the person purchasing, receiving or otherwise acquiring a product that is a precursor to methamphetamine is a pharmacy, practitioner, retail distributor, wholesale distributor or dispenser that is purchasing, receiving or otherwise acquiring the product for the purpose of administering, distributing or dispensing it in a lawful manner.
3. A person who violates any of the provisions of this section is guilty of a misdemeanor, except that:
(a) If the person violates any of the provisions of this section after a prior conviction under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance has become final, the person is guilty of a gross misdemeanor; and
(b) If the person violates any of the provisions of this section after two or more prior convictions under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance, or a combination of two or more such prior convictions, have become final, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 11. Any person who knowingly or intentionally enters a false statement or representation in a logbook is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 11.5. 1. Except as otherwise provided in subsection 2, a person who knowingly possesses or disposes of methamphetamine manufacturing waste is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. A person does not violate subsection 1 if the person:
(a) Possesses or disposes of the methamphetamine manufacturing waste pursuant to state or federal laws regulating the storage, cleanup or disposal of waste products from unlawful methamphetamine manufacturing;
(b) Has notified a law enforcement agency of the existence of the methamphetamine manufacturing waste; or
(c) Possesses or disposes of methamphetamine manufacturing waste that had previously been disposed of by another person on the persons property in violation of subsection 1.
3. As used in this section:
(a) Disposes of means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.
(b) Methamphetamine manufacturing waste means chemical waste or debris, used in or resulting from:
κ2007 Statutes of Nevada, Page 3126 (Chapter 518, AB 148)κ
(1) The manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or
(2) The grinding, soaking or otherwise breaking down of a substance that is a precursor for the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine.
Sec. 11.7. NRS 453.322 is hereby amended to read as follows:
453.322 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11.5, inclusive, of this act, it is unlawful for a person to knowingly or intentionally:
(a) Manufacture or compound a controlled substance other than marijuana.
(b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana [:] , or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:
(1) Any chemical identified in subsection 4; or
(2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.
Κ The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
2. Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.
3. The court shall not grant probation to a person convicted pursuant to this section.
4. The following chemicals are identified for the purposes of subsection 1:
(a) Acetic anhydride.
(b) Acetone.
(c) N-Acetylanthranilic acid, its esters and its salts.
(d) Anthranilic acid, its esters and its salts.
(e) Benzaldehyde, its salts, isomers and salts of isomers.
(f) Benzyl chloride.
(g) Benzyl cyanide.
(h) 1,4-Butanediol.
(i) 2-Butanone (or methyl ethyl ketone or MEK).
(j) Ephedrine, its salts, isomers and salts of isomers.
(k) Ergonovine and its salts.
(l) Ergotamine and its salts.
(m) Ethylamine, its salts, isomers and salts of isomers.
(n) Ethyl ether.
(o) Gamma butyrolactone.
(p) Hydriodic acid, its salts, isomers and salts of isomers.
κ2007 Statutes of Nevada, Page 3127 (Chapter 518, AB 148)κ
(q) Hydrochloric gas.
(r) Iodine.
(s) Isosafrole, its salts, isomers and salts of isomers.
(t) Lithium metal.
(u) Methylamine, its salts, isomers and salts of isomers.
[(u)] (v) 3,4-Methylenedioxy-phenyl-2-propanone.
[(v)] (w) N-Methylephedrine, its salts, isomers and salts of isomers.
[(w)] (x) Methyl isobutyl ketone (MIBK).
[(x)] (y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.
[(y)] (z) Nitroethane, its salts, isomers and salts of isomers.
[(z)] (aa) Norpseudoephedrine, its salts, isomers and salts of isomers.
[(aa)] (bb) Phenylacetic acid, its esters and its salts.
[(bb)] (cc) Phenylpropanolamine, its salts, isomers and salts of isomers.
[(cc)] (dd) Piperidine and its salts.
[(dd)] (ee) Piperonal, its salts, isomers and salts of isomers.
[(ee)] (ff) Potassium permanganate.
[(ff)] (gg) Propionic anhydride, its salts, isomers and salts of isomers.
[(gg)] (hh) Pseudoephedrine, its salts, isomers and salts of isomers.
[(hh)] (ii) Red phosphorous.
[(ii)] (jj) Safrole, its salts, isomers and salts of isomers.
[(jj)] (kk) Sodium metal.
(ll) Sulfuric acid.
[(kk)] (mm) Toluene.
Sec. 12. NRS 453.553 is hereby amended to read as follows:
453.553 1. In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11.5, inclusive, of this act, any person who violates section 6, 7, 8 or 11.5 of this act, unlawfully sells, manufactures, delivers or brings into this State, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.
2. As used in [this section and NRS 453.5531, 453.5532 and 453.5533:] NRS 453.553 to 453.5533, inclusive:
(a) Each violation includes a continuous or repetitive violation arising out of the same act.
(b) Sell includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.
(c) Substitute means a substance which:
(1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and
(2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.
Sec. 13. NRS 453.5531 is hereby amended to read as follows:
453.5531 1. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:
κ2007 Statutes of Nevada, Page 3128 (Chapter 518, AB 148)κ
(a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.
(b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.
(c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.
2. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.
(b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.
(c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.
3. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.
(b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.
(c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.
4. Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.
5. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of section 6, 7, 8 or 11.5 of this act, to a civil penalty in an amount not to exceed $250,000 for each violation.
Sec. 14. NRS 453.5533 is hereby amended to read as follows:
453.5533 1. A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11.5, inclusive, of this act occurs.
2. Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the State in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.
Sec. 15. (Deleted by amendment.)
Sec. 16. NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in this section [, anything] :
(a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property [, including, without limitation, a] ;
κ2007 Statutes of Nevada, Page 3129 (Chapter 518, AB 148)κ
(b) A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog [as defined in NRS 453.043,] ; or
(c) A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:
(1) Which has not been deemed safe for habitation by a governmental entity; or
(2) From which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog,
Κ is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
3. A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.
Κ A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
4. As used in this section [, shooting] :
(a) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(b) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(c) Shooting range means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.
Sec. 17. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the State.
κ2007 Statutes of Nevada, Page 3130 (Chapter 518, AB 148)κ
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted as a gaming activity;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;
(e) Wherein a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog [as defined in NRS 453.043] is unlawfully sold, served, stored, kept, manufactured, used or given away; or
(f) Where vagrants resort,
Κ is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
Κ is a public nuisance.
4. A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by a governmental entity and:
(a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or
(b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
5. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
[5.] 6. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
κ2007 Statutes of Nevada, Page 3131 (Chapter 518, AB 148)κ
(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
Κ A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
[6.] 7. As used in this section [, shooting] :
(a) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(b) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(c) Shooting range has the meaning ascribed to it in NRS 40.140.
Sec. 18. NRS 244.3603 is hereby amended to read as follows:
244.3603 1. Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on his property of nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the district attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money expended to abate the condition on the property if the owner fails to abate the condition.
3. If the court finds that a chronic nuisance exists and action is necessary to avoid serious threat to the public welfare or the safety or health of the occupants of the property, the court may order the county to secure and close the property until the nuisance is abated and may:
(a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the county for the cost incurred by the county in abating the condition; and
(c) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance, the board may make the expense a special assessment against the property upon which the chronic nuisance is located or occurring.
κ2007 Statutes of Nevada, Page 3132 (Chapter 518, AB 148)κ
the board may make the expense a special assessment against the property upon which the chronic nuisance is located or occurring. The special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
5. As used in this section:
(a) A chronic nuisance exists:
(1) When three or more nuisance activities exist or have occurred during any 90-day period on the property . [;]
(2) When a person associated with the property has engaged in three or more nuisance activities during any 90-day period on the property or within 100 feet of the property . [;]
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS . [; or]
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog . [as defined in NRS 453.043.]
(5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:
(I) The building or place has not been deemed safe for habitation by a governmental entity; or
(II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
(b) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(c) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(d) Nuisance activity means:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;
(3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;
(4) Excessive noise and violations of curfew; or
(5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.
[(c)] (e) Person associated with the property means:
(1) The owner of the property;
(2) The manager or assistant manager of the property;
(3) The tenant of the property; or
(4) A person who, on the occasion of a nuisance activity, has:
(I) Entered, patronized or visited;
(II) Attempted to enter, patronize or visit; or
(III) Waited to enter, patronize or visit,
Κ the property or a person present on the property.
κ2007 Statutes of Nevada, Page 3133 (Chapter 518, AB 148)κ
Sec. 19. NRS 244.363 is hereby amended to read as follows:
244.363 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [5] 6 of NRS 202.450, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.
Sec. 20. NRS 266.335 is hereby amended to read as follows:
266.335 The city council may:
1. Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [5] 6 of NRS 202.450, determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of the nuisances at the expense of the person creating, causing or committing the nuisances.
3. Provide that the expense of removal is a lien upon the property upon which the nuisance is located. The lien must:
(a) Be perfected by recording with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property because of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for the nuisances.
Sec. 21. NRS 268.412 is hereby amended to read as follows:
268.412 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [5] 6 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.
Sec. 22. NRS 268.4124 is hereby amended to read as follows:
268.4124 1. The governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or occurring within the city;
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the existence on his property of two or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the city attorney for legal action; and
κ2007 Statutes of Nevada, Page 3134 (Chapter 518, AB 148)κ
(2) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
3. If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public health, welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:
(a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the city for the cost incurred by the city in abating the condition;
(c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and
(d) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance, the governing body may make the expense a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
5. As used in this section:
(a) A chronic nuisance exists:
(1) When three or more nuisance activities exist or have occurred during any 30-day period on the property . [;]
(2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property . [;]
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS . [; or]
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog . [as defined in NRS 453.043.]
(5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:
(I) The building or place has not been deemed safe for habitation by a governmental entity; or
(II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
κ2007 Statutes of Nevada, Page 3135 (Chapter 518, AB 148)κ
certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
(b) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(c) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(d) Nuisance activity means:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;
(3) Excessive noise and violations of curfew; or
(4) Any other activity, behavior or conduct defined by the governing body to constitute a public nuisance.
[(c)] (e) Person associated with the property means a person who, on the occasion of a nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
Κ a property or a person present on the property.
Sec. 23. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 24, 25 and 26 of this act.
Sec. 24. As used in this section and sections 25 and 26 of this act, product that is a precursor to methamphetamine means a product which contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.
Sec. 25. A person shall not sell or transfer to an ultimate user in the course of any business, or engage in the business of selling to ultimate users, a product that is a precursor to methamphetamine, unless the person is a pharmacy.
Sec. 26. 1. Except as otherwise provided in subsection 2, if a pharmacy becomes aware of any unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine while the product is under the control of the pharmacy, the pharmacy must:
(a) Make an oral report to the Department of Public Safety at the earliest practicable opportunity after the pharmacy becomes aware of the unusual or excessive loss or disappearance of the product that is a precursor to methamphetamine; and
(b) Submit a written report to the Department of Public Safety within 15 days after the pharmacy becomes aware of the unusual or excessive loss or disappearance of the product that is a precursor to methamphetamine.
2. If an unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine occurs while the product is being transported to a pharmacy, the pharmacy is not required to comply with the provisions of subsection 1.
3. A report required by subsection 1 must include, without limitation, a description of the circumstances surrounding the loss or disappearance and may be in substantially the following form:
κ2007 Statutes of Nevada, Page 3136 (Chapter 518, AB 148)κ
LOSS REPORT
License number:..............................................................................................
Name:................................................................................................................
Business address:............................................................................................
City:...................................................................................................................
State:..................................................................................................................
Zip:.....................................................................................................................
Business phone:...............................................................................................
Date of loss:......................................................................................................
Type of loss:.....................................................................................................
Description of circumstances:......................................................................
4. As used in this section, unusual or excessive loss or disappearance means a loss or disappearance for which a report would be required under 21 U.S.C. § 830(b)(1), and any regulations adopted pursuant thereto, if the pharmacy were subject to the requirements of 21 U.S.C. § 830(b)(1) and any regulations adopted pursuant thereto.
Sec. 27. This act becomes effective on August 1, 2007.
________
Assembly Bill No. 232Assemblymen Leslie, Buckley, Horne, McClain, Oceguera, Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Claborn, Conklin, Denis, Gerhardt, Hogan, Kihuen, Kirkpatrick, Koivisto, Mabey, Manendo, Mortenson, Munford, Ohrenschall, Parks, Parnell, Pierce, Segerblom and Smith
Joint Sponsors: Senators Wiener, Titus, Care, Coffin, Lee, McGinness, Nolan, Schneider and Woodhouse
CHAPTER 519
AN ACT relating to health; providing for certain information relating to pharmacies and the prices of commonly prescribed prescription drugs to be made available to consumers; requiring the Department of Health and Human Services to perform certain activities and adopt certain regulations; providing for the imposition of an administrative penalty under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Section 2 of this bill defines the term pharmacy for the purposes of the bill. As defined, the term excludes institutional pharmacies. (NRS 639.0085) Section 3 of this bill requires the organization that the Department of Health and Human Services determines to be the organization in the State with the largest membership of represented retail merchants, to prepare a list of not less than 100 prescription drugs, including generic equivalents, that are most commonly prescribed to residents of this State.
κ2007 Statutes of Nevada, Page 3137 (Chapter 519, AB 232)κ
Section 4 of this bill requires certain pharmacies to provide certain contact information to the Department. Section 5 of this bill requires the Department to present on its Internet website: (1) the contact information provided by the pharmacies to the Department; and (2) the usual and customary price that the pharmacies charge for the prescription drugs set forth on the list prepared pursuant to section 3, so that consumers may compare the prices currently being charged by those pharmacies for those prescription drugs. The Department is allowed to obtain the usual and customary prices charged by the pharmacies from claims reported by the pharmacies to the Medicaid program.
Section 6 of this bill requires the Department to ensure that the information is presented to consumers in such a manner that the prices charged by pharmacies for the relevant prescription drugs may be easily compared. Section 7 of the bill clarifies that the Department and its members, officers and employees are not liable in the event that information fails to be provided to consumers or in the event that incorrect information is provided to consumers. Section 8 of this bill requires the Department to adopt certain regulations.
Section 9 of this bill allows the Department to accept grants, donations, gifts and other public and private money to carry out the provisions of this bill. Section 9 also requires the Department to determine at the beginning of each fiscal year whether sufficient money is available to fund one or more components of the programs and duties of the Department relating to sections 2-10 of this bill and, if sufficient money is not available, to suspend temporarily a component of the programs for which money is lacking.
Section 10 of this bill provides that if a pharmacy is required to provide information to the Department pursuant to section 4 and the pharmacy, without good cause, fails to do so or fails to do so in a timely manner, the Department may impose an administrative penalty of up to $500 for each day on which such a failure occurs.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, pharmacy means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed. The term does not include an institutional pharmacy as defined in NRS 639.0085.
Sec. 3. The organization with the largest membership in this State which represents the interests of retail merchants, as determined by the Department, shall:
1. Prepare a list of not less than the 100 brand name prescription drugs or generic equivalents most commonly prescribed to residents of this State; and
2. At least once each calendar year, update the list prepared pursuant to subsection 1 and transmit the list to the Department.
Sec. 4. 1. Except as otherwise provided in subsections 2 and 3, each pharmacy shall, in accordance with the regulations adopted pursuant to section 8 of this act, provide to the Department:
(a) Information that a consumer may use to locate, contact or otherwise do business with the pharmacy, including, without limitation:
(1) The name of the pharmacy;
(2) The physical address of the pharmacy; and
κ2007 Statutes of Nevada, Page 3138 (Chapter 519, AB 232)κ
(3) The phone number of the pharmacy;
(b) If the pharmacy maintains an electronic mail address, the electronic mail address of the pharmacy; and
(c) If the pharmacy maintains an Internet website, the Internet address of that website.
2. If a pharmacy is not located within the State of Nevada, the pharmacy may, but is not required to, provide to the Department the information described in subsection 1.
3. If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the parent company or corporation may provide to the Department the information described in subsection 1.
Sec. 5. 1. Except as otherwise provided in subsection 2, the Department shall:
(a) Place or cause to be placed on the Internet website maintained by the Department the information provided by each pharmacy pursuant to section 4 of this act;
(b) Ensure that the information provided by each pharmacy pursuant to section 4 of this act and placed on the Internet website maintained by the Department is organized so that each individual pharmacy has its own separate entry on that website; and
(c) Ensure that the usual and customary price that each pharmacy charges for each prescription drug that is on the list prepared pursuant to section 3 of this act and that is stocked by the pharmacy:
(1) Is presented on the Internet website maintained by the Department in a manner which complies with the requirements of section 6 of this act; and
(2) Is updated not less frequently than once each calendar quarter.
Κ Nothing in this subsection prohibits the Department from determining the usual and customary price that a pharmacy charges for a prescription drug by extracting or otherwise obtaining such information from claims reported by pharmacies to the Medicaid program.
2. If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the Department may present the pricing information pertaining to such a pharmacy in such a manner that the pricing information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.
3. The Department may establish additional or alternative procedures by which a consumer who is unable to access the Internet or is otherwise unable to receive the information described in subsection 1 in the manner in which it is presented by the Department may obtain that information:
(a) In the form of paper records;
(b) Through the use of a telephonic system; or
(c) Using other methods or technologies designed specifically to assist consumers who are hearing impaired or visually impaired.
4. As used in this section, usual and customary price means the usual and customary charges that a provider charges to the general public for a drug, as described in 42 C.F.R. § 447.331.
Sec. 6. 1. Except as otherwise provided in this section, the Department shall ensure that the list of prescription drugs prepared pursuant to section 3 of this act and the information that pharmacies and the Department provide and obtain pursuant to sections 4 and 5 of this act are combined and presented to consumers in such a manner that a consumer may easily compare the prices for particular prescription drugs, and their generic equivalents, that are currently charged by:
κ2007 Statutes of Nevada, Page 3139 (Chapter 519, AB 232)κ
the Department provide and obtain pursuant to sections 4 and 5 of this act are combined and presented to consumers in such a manner that a consumer may easily compare the prices for particular prescription drugs, and their generic equivalents, that are currently charged by:
(a) Pharmacies located within the same city, county or zip code in which the consumer resides;
(b) Internet pharmacies; and
(c) Pharmacies that provide mail order service to residents of Nevada.
Κ The requirements of paragraphs (b) and (c) apply only to the extent that information regarding such pharmacies is made available to the Department.
2. As used in this section, Internet pharmacy has the meaning ascribed to it in NRS 639.00865.
Sec. 7. The Department and its members, officers and employees are not liable civilly or criminally for any act, omission, error or technical problem that results in:
1. The failure to provide to consumers information regarding a pharmacy, including, without limitation, the prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to section 3 of this act; or
2. The providing to consumers of incorrect information regarding a pharmacy, including, without limitation, the prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to section 3 of this act.
Sec. 8. The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of sections 2 to 10, inclusive, of this act. Such regulations must provide for, without limitation:
1. Notice to consumers stating that:
(a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, including, without limitation, the prices charged by those pharmacies for the prescription drugs and generic equivalents that are on the list prepared pursuant to section 3 of this act, the Department is unable to guarantee the accuracy of such information;
(b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website maintained by a pharmacy, the Department is unable to guarantee the accuracy of any information made available on the Internet website maintained by the pharmacy; and
(c) The Department advises consumers to contact a pharmacy directly to verify the accuracy of any information regarding the pharmacy which is made available to consumers pursuant to sections 2 to 10, inclusive, of this act;
2. Procedures adopted cooperatively with the Office of the Governor to direct consumers who have questions regarding the program described in sections 2 to 10, inclusive, of this act to contact the Office for Consumer Health Assistance in the Office of the Governor;
3. Provisions in accordance with which the Department will allow an Internet link to the information provided by each pharmacy pursuant to section 4 of this act and made available on the Departments Internet website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:
κ2007 Statutes of Nevada, Page 3140 (Chapter 519, AB 232)κ
website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:
(a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and
(b) Nonprofit organizations and advocacy groups;
4. Procedures pursuant to which consumers and pharmacies may report to the Department that information made available to consumers pursuant to sections 2 to 10, inclusive, of this act is inaccurate;
5. The form and manner in which pharmacies are to provide to the Department the information described in section 4 of this act; and
6. Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:
(a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or
(b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.
Sec. 9. 1. On or before July 1 of each odd-numbered year, the Department shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Department relating to sections 2 to 10, inclusive, of this act.
2. The Department shall temporarily suspend any components of the program or duties of the Department for which it determines pursuant to subsection 1 that sufficient money is not available.
3. The Department may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 2 to 10, inclusive, of this act.
Sec. 10. If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to section 4 of this act or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.
Sec. 11. NRS 639.2802 is hereby amended to read as follows:
639.2802 [Prescription] In addition to any applicable requirements set forth in sections 2 to 10, inclusive, of this act, prescription price information must be made available, upon request, by a pharmacist or practitioner who dispenses drugs.
Sec. 12. NRS 639.28025 is hereby amended to read as follows:
639.28025 [Every] In addition to any applicable requirements set forth in sections 2 to 10, inclusive, of this act, every practitioner who dispenses drugs shall post on the premises in a place conspicuous to customers and easily accessible and readable by customers a notice, provided by the Board, advising customers that a price list of drugs and professional services is available to them upon request.
Sec. 13. (Deleted by amendment.)
κ2007 Statutes of Nevada, Page 3141 (Chapter 519, AB 232)κ
Sec. 14. 1. This section and section 9 of this act become effective upon passage and approval.
2. Sections 1 to 8, inclusive, 10, 11 and 12 of this act become effective on October 1, 2007.
________
Senate Bill No. 547Committee on Legislative Operations and Elections
CHAPTER 520
AN ACT relating to programs for public employees; making various changes regarding the management of the Public Employees Benefits Program; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
The Governmental Accounting Standards Board is an independent body which establishes standards of financial accounting and reporting for state and local governmental agencies. The Board has issued Statements 43 and 45, which require governmental employers to report as liabilities those postemployment benefits, other than pensions, that have not yet been funded.
This bill creates the State Retirees Health and Welfare Benefits Fund, an irrevocable trust fund to be administered by the Board of the Public Employees Benefits Program. Section 4 of this bill creates the Retirees Fund and specifies its purpose. Sections 5 and 6 of this bill specify how money is to be paid into the Retirees Fund, invested and paid out of the Retirees Fund.
Section 10.3 of this bill clarifies that a local government is required to pay the subsidy for the cost of coverage under the Public Employees Benefits Program for its retirees who join the Program subsequent to retirement, such as by reinstatement. (NRS 287.023) Section 18 of this bill makes this requirement apply retroactively to October 1, 2003, which was the date on which the requirement to pay such subsidies became effective.
Sections 11.5 and 13 of this bill prohibit members of the Board of the Public Employees Benefits Program and the Executive Officer of the Program from participating in certain business enterprises or investments. (NRS 287.041, 287.0424) Section 13 also requires gubernatorial approval of the employment of the Executive Officer. Section 12 of this bill authorizes the Board of the Program to meet in closed session with its legal counsel in certain circumstances. (NRS 287.0415) Section 14 of this bill changes the title of the Accounting Officer to Chief Financial Officer. (NRS 287.0426)
Section 17 of this bill changes the manner in which the subsidies to be paid in connection with the Program are calculated. (NRS 287.046)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Program Fund means the Fund for the Public Employees Benefits Program created pursuant to NRS 287.0435.
Sec. 3. Retirees Fund means the State Retirees Health and Welfare Benefits Fund created pursuant to section 4 of this act.
Sec. 4. 1. The State Retirees Health and Welfare Benefits Fund is hereby created as an irrevocable trust fund.
κ2007 Statutes of Nevada, Page 3142 (Chapter 520, SB 547)κ
2. The purpose of the Retirees Fund is to account for the financial assets designated to offset the portion of the current and future costs of health and welfare benefits paid pursuant to subsection 2 of NRS 287.046.
Sec. 5. 1. The money in the Retirees Fund must not be used or appropriated for any purpose incompatible with the policies of the Program, as expressed in NRS 287.0402 to 287.049, inclusive, and sections 2 to 10, inclusive, of this act.
2. The Retirees Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices and the laws of this State which may include, without limitation, investment in the Retirement Benefits Investment Fund established pursuant to section 5 of Senate Bill No. 457 of this session.
3. The Board has the exclusive control of the administration and investment of the Retirees Fund.
4. The following money must be deposited in the Retirees Fund:
(a) All money appropriated by the Legislature to the Retirees Fund;
(b) All money provided for the purpose of offsetting the portion of the costs of the health and welfare benefits for current and future state retirees pursuant to NRS 287.046;
(c) All money accruing to the Retirees Fund from all other sources; and
(d) Any other money provided to the Program for the payment of other health and welfare benefits for current and future state retirees pursuant to NRS 287.046.
5. The interest and income earned on the money in the Retirees Fund, after deducting any applicable charges, must be credited to the Retirees Fund.
6. Any money remaining in the Retirees Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Retirees Fund must be carried forward.
Sec. 6. 1. The money in the Retirees Fund must be expended by the Board for the purpose of:
(a) Offsetting a portion of the costs of the health and welfare benefits for current and future state retirees pursuant to NRS 287.046; and
(b) Paying such other expenses as by law may be paid from the Retirees Fund.
2. Money designated for the purposes set forth in subsection 1 must be withdrawn from the Retirees Fund and deposited in the Program Fund as necessary.
3. The money in the Retirees Fund belongs to the officers, employees and retirees of this State in aggregate and is to be held in trust by the Board. Neither the State nor the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State, nor any single officer, employee or retiree of any such entity has any right to the money in the Retirees Fund.
Sec. 7. No officer, employee or retiree of this State has any inherent right to benefits provided pursuant to NRS 287.0402 to 287.049, inclusive.
Sec. 8. The Board shall provide to the Department of Administration and to the Interim Retirement and Benefits Committee of the Legislature, created by NRS 218.5373:
κ2007 Statutes of Nevada, Page 3143 (Chapter 520, SB 547)κ
1. An annual audit of the Retirees Fund to be conducted by an independent certified public accountant;
2. An annual report concerning the Retirees Fund; and
3. An independent biennial certified actuarial valuation and report of the States health and welfare benefits for current and future state retirees, which are provided for the purpose of developing the annual required contribution pursuant to the statements issued by the Governmental Accounting Standards Board.
Secs. 9 and 10. (Deleted by amendment.)
Sec. 10.3. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage or join the Public Employees Benefits Program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
2. A retired person who joins the Public Employees Benefits Program upon retirement pursuant to subsection 1 or continues coverage under the Public Employees Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees Retirement System to continue coverage.
3. Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or not to join the Public Employees Benefits Program, as the case may be.
4. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:
(a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
(b) Shall pay the same portion of the cost of coverage under the Public Employees Benefits Program for retired persons who [join] participate in the Program [upon retirement] pursuant to subsection 1 , subsection 5 of NRS 287.045 or subsection 1 of NRS 287.0475 as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Program.
κ2007 Statutes of Nevada, Page 3144 (Chapter 520, SB 547)κ
NRS 287.045 or subsection 1 of NRS 287.0475 as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Program.
5. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.
Sec. 10.7. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada, except as otherwise provided in NRS 287.021 or subsection 4 of NRS 287.023 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, or for coverage under the Public Employees Benefits Program, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State to accept any such coverage or to assign his wages or salary in payment of premiums or contributions therefor.
Sec. 11. NRS 287.0402 is hereby amended to read as follows:
287.0402 As used in NRS 287.0402 to 287.049, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.0406, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 11.5. NRS 287.041 is hereby amended to read as follows:
287.041 1. There is hereby created the Board of the Public Employees Benefits Program. The Board consists of nine members appointed as follows:
(a) One member who is a professional employee of the Nevada System of Higher Education, appointed by the Governor upon consideration of any recommendations of organizations that represent employees of the Nevada System of Higher Education.
(b) One member who is retired from public employment, appointed by the Governor upon consideration of any recommendations of organizations that represent retired public employees.
(c) Two members who are employees of the State, appointed by the Governor upon consideration of any recommendations of organizations that represent state employees.
(d) One member appointed by the Governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.
(e) One member who is employed by this State in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the Governor.
κ2007 Statutes of Nevada, Page 3145 (Chapter 520, SB 547)κ
portfolio investment strategies or employee benefits programs appointed by the Governor. The Governor may appoint the Executive Officer of the Public Employees Retirement System to fill this position.
(f) Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the Governor.
(g) The Director of the Department of Administration or his designee.
2. Of the six persons appointed to the Board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
3. Each person appointed as a member of the Board must:
(a) Except for a member appointed pursuant to paragraph (f) of subsection 1, have been a participant in the Program for at least 1 year before his appointment;
(b) Except for a member appointed pursuant to paragraph (f) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the Program or a retired public employee who is a participant in the Program; [and]
(c) Not be an elected officer of the State of Nevada or any of its political subdivisions [.] ; and
(d) Not participate in any business enterprise or investment:
(1) With any vendor or provider to the Program; or
(2) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.
4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the Board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the Governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the Board must be filled in the same manner as the original appointment.
5. The appointed members of the Board serve at the pleasure of the Governor. If the Governor wishes to remove a member from the Board for any reason other than malfeasance or misdemeanor, the Governor shall provide the member with written notice which states the reason for and the effective date of the removal.
Sec. 12. NRS 287.0415 is hereby amended to read as follows:
287.0415 1. A majority of the members of the Board constitutes a quorum for the transaction of business.
2. The Governor shall designate one of the members of the Board to serve as the Chairman.
3. The Board shall meet at least once every calendar quarter and at other times upon the call of the Chairman.
4. The Board may meet in closed session:
κ2007 Statutes of Nevada, Page 3146 (Chapter 520, SB 547)κ
(a) To discuss matters relating to personnel;
(b) With investment counsel to plan future investments or establish investment objectives and policies;
(c) With legal counsel to receive advice upon claims or suits by or against the Program;
(d) To prepare a request for a proposal or other solicitation for bids to be released by the Board for competitive bidding; or
[(c)] (e) As otherwise provided pursuant to chapter 241 of NRS.
5. Except as otherwise provided in this subsection, if the Board causes a meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS, the Board shall post a transcript of the meeting on its Internet website not later than 30 days after the meeting. The Board shall post a transcript of a closed session of the Board on its Internet website when the Board determines that the matters discussed no longer require confidentiality and, if applicable, the person whose character, conduct, competence or health was discussed in the closed session has consented to the posting.
6. As used in this section, request for a proposal has the meaning ascribed to it in subsection 8 of NRS 333.020.
Sec. 13. NRS 287.0424 is hereby amended to read as follows:
287.0424 1. The Board shall employ an Executive Officer [who] , subject to the approval of the Governor. The Executive Officer is in the unclassified service of the State and serves at the pleasure of the Board. The Board may delegate to the Executive Officer the exercise or discharge of any power, duty or function vested in or imposed upon the Board.
2. The Executive Officer must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree, as determined by the Board; and
(b) Possess at least 5 years experience in a high-level administrative or executive capacity in the field of insurance, management of employees benefits or risk management, including, without limitation, responsibility for a variety of administrative functions such as personnel, accounting, data processing or the structuring of insurance programs.
3. Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment [with] :
(a) With any vendor or provider to the Program [.] ; or
(b) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.
4. The Executive Officer is entitled to an annual salary fixed by the Board. The salary of the Executive Officer is exempt from the limitations set forth in NRS 281.123.
Sec. 14. NRS 287.0426 is hereby amended to read as follows:
287.0426 1. The Executive Officer may appoint a Quality Control Officer, Operations Officer, [Accounting] Chief Financial Officer, Information Technology Systems Officer and Executive Assistant, who are in the unclassified service of the State and serve at the pleasure of the Executive Officer. The appointment and dismissal of the Quality Control Officer are subject to the approval of the Board.
κ2007 Statutes of Nevada, Page 3147 (Chapter 520, SB 547)κ
2. The Quality Control Officer, Operations Officer, [Accounting] Chief Financial Officer and Information Technology Systems Officer must each be a graduate of a 4-year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience as determined by the Board.
3. The Quality Control Officer, Operations Officer, [Accounting] Chief Financial Officer, Information Technology Systems Officer and Executive Assistant are entitled to annual salaries fixed by the Board. The salaries of these employees are exempt from the limitations set forth in NRS 281.123.
4. The Executive Officer may employ such staff in the classified service of the State as are necessary for the performance of his duties, within limits of legislative appropriations or other available money.
Sec. 15. NRS 287.0433 is hereby amended to read as follows:
287.0433 The Board may establish a plan of life, accident or health insurance and provide for the payment of contributions into the Program Fund , [for the Public Employees Benefits Program established pursuant to NRS 287.0435,] a schedule of benefits and the disbursement of benefits from the Program Fund. The Board may reinsure any risk or any part of such a risk.
Sec. 16. NRS 287.0435 is hereby amended to read as follows:
287.0435 1. All money received for the Program, including, without limitation, premiums and contributions, must be deposited in the State Treasury for credit to the Fund for the Public Employees Benefits Program which is hereby created as a trust fund. The Program Fund must be accounted for as an internal service fund. Payments into and disbursements from the Program Fund must be so arranged as to keep the Program Fund solvent at all times.
2. The money in the Program Fund must be invested as other money of the State is invested and any income from investments paid into the Program Fund for the benefit of the Program Fund.
3. Disbursements from the Program Fund must be made as any other claims against the State are paid.
4. The State Treasurer may charge a reasonable fee for his services in administering the Program Fund, but the State, the State General Fund and the State Treasurer are not liable to the Program Fund for any loss sustained by the Program Fund as a result of any investment made on behalf of the Program Fund or any loss sustained in the operation of the Program.
5. The Board shall deposit any disbursement received from the Program Fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the Program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.
Sec. 17. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as otherwise provided in subsection 6, any active state officer or employee who elects to participate in the Program may participate, and the participating state agency that employs the officer or employee shall pay the States share of the cost of the premiums or contributions for the Program from money appropriated or authorized as provided in NRS 287.044. State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of a premium or contribution for health insurance must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the participating state agency that employs the employee.
κ2007 Statutes of Nevada, Page 3148 (Chapter 520, SB 547)κ
payment of a premium or contribution for health insurance must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the participating state agency that employs the employee.
2. The Department of [Personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for the Program for persons who have retired with state service and who elect to participate in the Program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:
(a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of state service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 1A.310 or 286.300, of the base amount provided by law for that fiscal year.] Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who have retired with state service and who elect to participate in the Program. The money so assessed must be deposited into the Retirees Fund and must be based upon an amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for state retirees. Except as otherwise provided in subsection 3, the portion to be paid to the Program from the Retirees Fund on behalf of persons who have retired with state service and who elect to participate in the Program must be equal to a portion of the cost for each retiree and his dependents who are enrolled in the plan, as defined for each year of the plan by the Program. For persons who retire from the State on or after January 1, 1994, adjustments to the portion paid by the Retirees Fund must be as follows:
(a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.
(b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.
3. If the amount calculated pursuant to subsection 2 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund . [for the Public Employees Benefits Program created pursuant to NRS 287.0435.]
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
(b) No proration may be made for a partial year of state service.
κ2007 Statutes of Nevada, Page 3149 (Chapter 520, SB 547)κ
5. The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the Program after his death.
6. A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.
Sec. 18. 1. This section and sections 1 to 10, inclusive, and 11 to 17, inclusive, of this act become effective on July 1, 2007.
2. Sections 10.3 and 10.7 of this act become effective on July 1, 2007, and apply retroactively to October 1, 2003.
________
Senate Bill No. 237Senators Lee, Hardy and Beers
Joint Sponsor: Assemblyman Settelmeyer
CHAPTER 521
AN ACT relating to concealed firearms; authorizing a person who holds a permit to carry a concealed firearm issued by another state to carry a concealed firearm in this State under certain circumstances; revising various other provisions governing permits to carry concealed firearms; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Existing law allows a person who is not a resident of the State of Nevada to apply to the sheriff of any county in this State for a permit to carry a concealed firearm in this State. (NRS 202.3657) Section 2 of this bill allows a person who is not a resident of this State to carry a concealed firearm in this State if the person has a permit to carry a concealed firearm issued by a state included in the list prepared by the Department of Public Safety pursuant to section 3 of this bill. In addition, a person who becomes a resident of this State and who possesses a permit issued by a state whose permits are recognized in this State may not carry a concealed firearm unless the person has been issued a permit from the sheriff of the county in which he resides within 60 days of becoming a resident of this State.
Section 3 of this bill requires the Department to prepare a list of states which have been determined, on or before July 1 of each year: (1) to have requirements for the issuance of a permit to carry a concealed firearm that are substantially similar to or more stringent than the requirements of this State; and (2) to have an electronic database which identifies each individual who holds a valid permit to carry a concealed firearm issued by the state and which a law enforcement officer of this State may access at any time. A state must not be included in the list unless the Nevada Sheriffs and Chiefs Association agrees with the Department that the state should be included in the list.
Under existing law, a person may obtain a permit to carry in a concealed manner one or more firearms of a specific make, model and caliber if the person meets certain requirements. (NRS 202.3657, 202.366) Section 5 of this bill revises the manner in which a person may apply for a permit to carry a firearm in a concealed manner so that the person is only required to list on an application each specific semiautomatic firearm to which the permit will pertain, but may receive a permit for all revolvers owned by him without listing each revolver specifically. Similarly, sections 5 and 6 of this bill provide that the permit issued will include a statement as to whether the permit authorizes a person to carry revolvers in a concealed manner.
κ2007 Statutes of Nevada, Page 3150 (Chapter 521, SB 237)κ
permit authorizes a person to carry revolvers in a concealed manner. In addition, if the permit authorizes a person to carry any semiautomatic firearm in a concealed manner, the make, model and caliber of each semiautomatic firearm to which the permit pertains will be listed on the permit.
Existing law provides for the expiration of a permit to carry a concealed firearm. If the holder of the permit is a resident of this State, the permit expires on the fifth anniversary of the birthday of the holder which is nearest to the date of issuance or renewal. If the holder is a resident of another state, the permit expires on the third anniversary of the birthday of the holder which is nearest to the date of issuance or renewal. (NRS 202.366) Section 6 of this bill provides that all permits to carry a concealed firearm expire 5 years after the date of issuance.
Section 7 of this bill revises existing law so that for the renewal of a permit to carry a concealed firearm a person is required to demonstrate competence with: (1) a revolver, if the permit authorizes the person to carry revolvers; (2) each semiautomatic firearm to which the application pertains, if the permit authorizes the person to carry any semiautomatic firearm; or (3) a revolver and each semiautomatic firearm to which the permit pertains, if the permit authorizes the person to carry both revolvers and specific semiautomatic firearms. (NRS 202.3677)
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to section 3 of this act may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act.
2. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to section 3 of this act may not carry a concealed firearm in this State if the person:
(a) Becomes a resident of this State; and
(b) Has not been issued a permit from the sheriff of the county in which he resides within 60 days after becoming a resident of this State.
3. A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit by a sheriff in this State.
Sec. 3. 1. On or before July 1 of each year, the Department shall:
(a) Examine the requirements for the issuance of a permit to carry a concealed firearm in each state and determine whether the requirements of each state are substantially similar to or more stringent than the requirements set forth in NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act.
(b) Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.
(c) Prepare a list of states that meet the requirements of paragraphs (a) and (b). A state must not be included in the list unless the Nevada Sheriffs and Chiefs Association agrees with the Department that the state should be included in the list.
κ2007 Statutes of Nevada, Page 3151 (Chapter 521, SB 237)κ
(d) Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.
2. The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.
Sec. 4. NRS 202.3653 is hereby amended to read as follows:
202.3653 As used in NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. Concealed firearm means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.
2. Department means the Department of Public Safety.
3. Permit means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive [.] , and sections 2 and 3 of this act.
4. Revolver means a firearm that has a revolving cylinder with several chambers, which, by pulling the trigger or setting the hammer, are aligned with the barrel, placing the bullet in a position to be fired. The term includes, without limitation, a single or double derringer.
5. Semiautomatic firearm means a firearm which:
(a) Uses the energy of the explosive in a fixed cartridge to extract a fixed cartridge and chamber a fresh cartridge with each single pull of the trigger; and
(b) Requires the release of the trigger and another pull of the trigger for each successive shot.
Sec. 5. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this State may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, one or more specific semiautomatic firearms , or for revolvers and one or more specific semiautomatic firearms, as applicable, to any person who is qualified to possess [each] the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is 21 years of age or older;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with revolvers, each specific semiautomatic firearm to which the application pertains, or revolvers and each such semiautomatic firearm, as applicable, by presenting a certificate or other documentation to the sheriff which shows that he:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Κ Such a course must include instruction in the use of revolvers, each semiautomatic firearm to which the application pertains , or revolvers and each such semiautomatic firearm and in the laws of this State relating to the use of a firearm.
κ2007 Statutes of Nevada, Page 3152 (Chapter 521, SB 237)κ
use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:
(a) Has an outstanding warrant for his arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:
(1) Convicted of violating the provisions of NRS 484.379; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for his conviction of a felony; or
(2) Suspension of his sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of his application until the final disposition of the charges against him.
κ2007 Statutes of Nevada, Page 3153 (Chapter 521, SB 237)κ
application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.
6. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his agent;
(d) If the applicant is a resident of this State, the drivers license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) The make, model and caliber of each semiautomatic firearm to which the application pertains [;] , if any;
(g) Whether the application pertains to revolvers;
(h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
[(h)] (i) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 6. NRS 202.366 is hereby amended to read as follows:
202.366 1. Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicants fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act, or the regulations adopted pursuant thereto.
2. To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:
κ2007 Statutes of Nevada, Page 3154 (Chapter 521, SB 237)κ
NEVADA CONCEALED FIREARM PERMIT
County................................................. Permit Number.........................
Expires.................................................. Date of Birth.............................
Height................................................... Weight........................................
Name.................................................... Address......................................
City....................................................... Zip...............................................
Photograph
Signature..............................................
Issued by..............................................
Date of Issue.......................................
Make, model and caliber of each authorized semiautomatic firearm , if any
Revolvers authorized......................................... Yes ............................... No
4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires [:
(a) If the permittee was a resident of this State at the time the permit was issued, on the fifth anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal.
(b) If the permittee was not a resident of this State at the time the permit was issued, on the third anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal.
5. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.] 5 years after the date on which it is issued.
Sec. 7. NRS 202.3677 is hereby amended to read as follows:
202.3677 1. If a permittee wishes to renew his permit, the permittee must complete and submit to the sheriff who issued the permit an application for renewal of the permit.
2. An application for the renewal of a permit must:
(a) Be completed and signed under oath by the applicant;
(b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657; and
(c) Be accompanied by a nonrefundable fee of $25.
Κ If a permittee fails to renew his permit on or before the date of expiration of his permit, the application for renewal must include an additional nonrefundable late fee of $15.
3. No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with [a] revolvers, with each semiautomatic firearm to which the application pertains, or with revolvers and each such semiautomatic firearm, as applicable, by successfully completing a course prescribed by the sheriff renewing the permit.
Sec. 8. NRS 202.3687 is hereby amended to read as follows:
202.3687 1. The provisions of NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act do not prohibit a sheriff from issuing a temporary permit . [to carry a concealed firearm.] A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.
κ2007 Statutes of Nevada, Page 3155 (Chapter 521, SB 237)κ
2. Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.
Sec. 9. The Department of Public Safety shall prepare the initial list required by section 3 of this act and provide a copy of that list to each law enforcement agency in this State not later than October 1, 2007.
Sec. 10. The amendatory provisions of sections 5 and 6 of this act apply to a permit to carry a concealed firearm that is issued on or after October 1, 2007.
________
Senate Bill No. 239Committee on Human Resources and Education
CHAPTER 522
AN ACT relating to education; creating the P-16 Advisory Council to assist in the coordination between elementary, secondary and higher education in this State; providing for the organization, powers and duties of the Council; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
This bill creates the P-16 Advisory Council to assist in the coordination between elementary, secondary and higher education in this State.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9 inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Council means the P-16 Advisory Council created by section 6 of this act.
Sec. 4. System means the Nevada System of Higher Education.
Sec. 5. The Legislature hereby finds and declares that:
1. The Board of Regents of the University of Nevada was created by the Nevada Constitution and empowered to control and manage the affairs of the Nevada System of Higher Education.
2. Matters relating to education are vitally important to the future of the State of Nevada, its economy and the general welfare of its residents. In light of the growing enrollments in Nevadas system of public elementary and secondary education and Nevadas system of public higher education, it is important that the Nevada Legislature, the Board of Regents, the State Board and the Executive Branch of the State Government work together as partners in developing a needed public agenda to advance education in this State.
κ2007 Statutes of Nevada, Page 3156 (Chapter 522, SB 239)κ
Board and the Executive Branch of the State Government work together as partners in developing a needed public agenda to advance education in this State.
3. The development of an agenda to advance education should be carried out with a view toward seeking input from all parties who have a stake in the advancement of education in this State.
4. Coordination between elementary, secondary and higher education must be strengthened to ensure that pupils in the 12th grade are prepared adequately to make the transition from secondary education to higher education or to careers. To this end, a body should be established to coordinate education from the level of preschool through the completion of a bachelors degree, to be known as the P-16 Advisory Council.
Sec. 6. 1. The P-16 Advisory Council, consisting of 11 voting members, is hereby created to assist in the coordination between elementary, secondary and higher education in this State. The Chancellor of the System and the Superintendent of Public Instruction serve as ex officio nonvoting members of the Council.
2. The Governor shall appoint five members to the Council as follows:
(a) One representative of higher education in this State.
(b) One representative of elementary and secondary education in this State.
(c) One representative of private business in this State.
(d) One member who is a parent of a pupil enrolled in a public school in this State or of a student enrolled in the System. The parent must not be employed by the board of trustees of a school district, the governing body of a charter school or the System.
(e) One person that meets the qualifications of paragraph (a), (b) or (c).
3. The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint two members to the Council as follows:
(a) One member of the House of the Legislature that he represents.
(b) One person who meets the qualifications of paragraph (a), (b) or (c) of subsection 2.
4. The Minority Leader of the Senate and the Minority Leader of the Assembly shall each appoint one member to the Council who is a member of the general public.
5. The members of the Council shall elect a Chairman and a Vice Chairman from among the members of the Council. After the initial term, the Chairman and Vice Chairman serve in the office for a term of 2 years beginning July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Council shall elect a member to fill the vacancy to serve for the remainder of the unexpired term of that office.
6. After the initial terms, each member of the Council serves a term of 3 years commencing on July 1 of the year of appointment. Such members may be reappointed for one additional term. A vacancy on the Council must be filled for the remainder of the unexpired term in the same manner as the original appointment. Each member of the Council continues in office until his successor is appointed.
7. Any member who is absent from two consecutive meetings of the Council without permission of the Chairman:
κ2007 Statutes of Nevada, Page 3157 (Chapter 522, SB 239)κ
(a) Forfeits his office; and
(b) Must be replaced as provided in subsection 6 for the filling of a vacancy before the end of a term.
Sec. 7. 1. The Council shall meet at least once each calendar quarter and as frequently as necessary to afford the general public, representatives of governmental agencies and representatives of organizations an opportunity to present information and recommendations relating to the coordination between elementary, secondary and postsecondary education, including, without limitation, the Nevada Youth Legislative Issues Forum created by section 3 of Senate Bill No. 247 of this Session and the Advisory Council on Parental Involvement established by section 3 of Senate Bill No. 143 of this Session.
2. The Council shall comply with the provisions of chapter 241 of NRS.
3. For each day or portion of a day during which the members of the Council attend a meeting of the Council or are otherwise engaged in the business of the Council:
(a) The members who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207, payable from the Legislative Fund.
(b) The members who are appointed by the Majority Leader of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, payable from the Legislative Fund.
(c) The members who are appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, payable as other claims against the State are paid.
4. The Office of the Governor shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
Κ as is necessary for the Council to carry out its duties.
5. The Board of Regents of the University of Nevada and the Department shall provide technical assistance to the Council upon the request of the Chairman.
Sec. 8. 1. The Council shall address:
(a) Methods to increase the number of students who enroll in programs at the System to become teachers, including, without limitation, financial aid programs for students enrolled in those programs.
(b) Methods to ensure the successful transition of pupils from:
(1) Elementary school to middle school;
(2) Middle school to high school; and
(3) High school to postsecondary education,
Κ including, without limitation, methods to increase parental involvement.
(c) Methods to ensure that the data information system for the pupils enrolled in the public schools is linked, to the extent feasible, with the data information system for the students enrolled in the System.
κ2007 Statutes of Nevada, Page 3158 (Chapter 522, SB 239)κ
(d) Methods to ensure that the course work, standards and assessments required of pupils in secondary schools is aligned with the workload expected of students at the postsecondary level.
(e) Methods to ensure collaboration among the business community, members of the academic community and political leaders to set forth a process for developing strategies for the growth and diversification of the economy of this State.
(f) Policies relating to workforce development, employment needs of private employers and workforce shortages in occupations critical to the education, health and safety of the residents of this State.
(g) Other matters within the scope of the Council as determined necessary or appropriate by the Council.
2. The Council may:
(a) Establish committees to assist the Council in carrying out its duties.
(b) Apply for any available grants and may accept any gifts, grants and donations from any source to assist the Council in carrying out its duties.
Sec. 9. On or before June 30 of each year, the Council shall submit a written report of its activities and any recommendations to the:
1. Board of Regents of the University of Nevada;
2. State Board;
3. Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature;
4. Legislative Committee on Education; and
5. Governor.
Sec. 10. 1. On or before September 1, 2007, the Governor shall, pursuant to subsection 2 of section 6 of this act, appoint to the P-16 Advisory Council created by that section:
(a) Three members to terms commencing on September 1, 2007, and expiring on June 30, 2009.
(b) Two members to terms commencing on September 1, 2007, and expiring on June 30, 2010.
2. On or before September 1, 2007, the Majority Leader of the Senate and the Speaker of the Assembly shall, pursuant to subsection 3 of section 6 of this act, each appoint to the P-16 Advisory Council created by that section:
(a) One member of the House of the Legislature that he represents to a term commencing on September 1, 2007, and expiring on June 30, 2010.
(b) One member who meets the requirements of paragraph (a), (b) or (c) of subsection 2 of section 6 of this act to a term commencing on September 1, 2007, and expiring on June 30, 2009.
3. On or before September 1, 2007, the Minority Leader of the Senate shall, pursuant to subsection 4 of section 6 of this act, appoint to the P-16 Advisory Council created by that section one member to a term commencing on September 1, 2007, and expiring on June 30, 2009.
4. On or before September 1, 2007, the Minority Leader of the Assembly shall, pursuant to subsection 4 of section 6 of this act, appoint to the P-16 Advisory Council created by that section one member to a term commencing on September 1, 2007, and expiring on June 30, 2010.
Sec. 11. (Deleted by amendment.)
Sec. 12. This act becomes effective on July 1, 2007.
________
κ2007 Statutes of Nevada, Page 3159κ
Senate Bill No. 573Senators Raggio and Titus
Joint Sponsors: Assemblymen Buckley, Mabey and Oceguera
CHAPTER 523
AN ACT relating to elections; requiring rooms or space in public buildings to be provided without charge for certain purposes; revising provisions governing the scheduling of precinct meetings in relation to the county and state conventions of major political parties; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Existing law provides that a county or city clerk may designate any public or private building, or portion thereof, as the site for any polling place during an election. (NRS 293.437) Section 1 of this bill requires public buildings, or portions thereof, to be made available without charge to state or county central committees of major political parties in presidential election years and at other times for the purpose of conducting precinct meetings.
Existing law provides for the conduct of precinct meetings of major political parties, including the number of delegates that each voting precinct may send to the county convention of a major political party, the dates on which precinct meetings are to be held, the requirements for giving notice of such dates and the manner in which vacancies in the position of delegate are to be filled. (NRS 293.133-293.137) Sections 2-4 of this bill provide that the rules of the party govern such circumstances.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon application by a state or county central committee, if a room or space is available in a building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, the public officer or employee in control of the room or space shall grant the use of the room or space to the state or county central committee without charge in a presidential election year for any purpose, including conducting precinct meetings, without charge during other years for the purpose of conducting precinct meetings and at a charge not greater than that made for its use by other groups during other years for purposes other than conducting precinct meetings.
Sec. 2. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any major political party for that county must be determined pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, in proportion to the number of registered voters of that party residing in the precinct as follows:
(a) In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct is entitled to one delegate for each 5 registered voters.
κ2007 Statutes of Nevada, Page 3160 (Chapter 523, SB 573)κ
(b) In counties in which the total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct is entitled to one delegate for each 8 registered voters.
(c) In counties in which the total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct is entitled to one delegate for each 10 registered voters.
(d) In counties in which the total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct is entitled to one delegate for each 15 registered voters.
(e) In counties in which the total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct is entitled to one delegate for each 20 registered voters or major fraction thereof.
(f) In counties in which the total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct is entitled to one delegate for each 30 registered voters or major fraction thereof.
(g) In counties in which the total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct is entitled to one delegate for each 35 registered voters or major fraction thereof.
(h) In counties in which the total number of registered voters of that party has exceeded 4,000, each precinct is entitled to one delegate for each 50 registered voters or major fraction thereof.
2. [The] Upon the request of a state or county central committee, the county clerk shall determine the number of registered voters of each party in each precinct as of [January 1 of each year in which a convention is held,] :
(a) The date 90 days before the date set for the precinct meeting pursuant to NRS 293.135 and shall notify the Secretary of State and the county central committee of each major political party of those numbers within [30] 10 days after the determinative date. If consistent with the rules of the party, the number determined pursuant to this paragraph must be used to determine the number of delegates to the county convention.
(b) Any date other than the date set forth in paragraph (a).
3. In all counties, if consistent with the rules of the party, every precinct is entitled to at least one delegate to each county convention.
Sec. 3. NRS 293.135 is hereby amended to read as follows:
293.135 1. The county central committee of each major political party in each county shall have a precinct meeting of the registered voters of the party residing in each voting precinct entitled to delegates in the county convention called and held on [or before the fifth day preceding] the dates set for the precinct meeting by the respective state central committees in each year in which a general election is held.
2. The meeting must be held in one of the following places in the following order of preference:
(a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate a meeting of two or more precincts; or
(b) Any private building within the precinct or one of the precincts.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building where the meeting is to be held ; [at least 5 days before the date of the meeting;] and
κ2007 Statutes of Nevada, Page 3161 (Chapter 523, SB 573)κ
(b) Publishing [at least 5 days before the date of meeting] in one or more newspapers of general circulation in the precinct, published in the county, if any are so published [.] ,
Κ on the date set for giving notice of the meeting by the respective state central committees.
4. The notice must be printed in conspicuous display advertising format of not less than 10 column inches, and must include the following language, or words of similar import:
Notice to All Voters Registered
in the (State Name of Major Political Party)
Nevada state law requires each major political party, in every year during which a general election is held, to have a precinct meeting held for each precinct. All persons registered in the party and residing in the precinct are entitled to attend the precinct meeting. Delegates to your partys county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meeting.
5. The notice must specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
Sec. 4. NRS 293.137 is hereby amended to read as follows:
293.137 1. Promptly at the time and place appointed therefor, the mass meeting must be convened and organized for each precinct. If access to the premises appointed for any such meeting is not available, the meeting may be convened at an accessible place immediately adjacent thereto. The meeting must be conducted openly and publicly and in such a manner that it is freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the partys county convention must be elected [by ballot.] pursuant to the rules of the state central committee of that party. In presidential election years, the election of delegates may be a part of expressing preferences for candidates for the partys nomination for President of the United States if the rules of the party permit such conduct. The result of the election must be certified to the county convention of the party by the chairman and the secretary of the meeting upon the forms specified in subsection 3.
2. At the precinct meetings, the delegates and alternates to the partys convention must be elected. If a meeting is not held for a particular precinct at the location specified, that precinct must be without representation at the county convention unless the meeting was scheduled, with proper notice, and no registered voter of the party appeared. In that case, the meeting shall be deemed to have been held and the position of delegate is vacant. If a position of delegate is vacant, it must be filled by the designated alternate, if any. If there is no designated alternate, the vacancy must be filled pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.
κ2007 Statutes of Nevada, Page 3162 (Chapter 523, SB 573)κ
delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.
3. The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate must be in duplicate. The original must be given to the elected delegate, and the duplicate transmitted to the county central committee.
4. All duplicates must be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates must be seated without dispute.
5. Each [major political party shall adopt written rules not less than 95 days before the date set by the] state central committee [or fixed by law for the county convention or by January 1 of the calendar year of the national convention or conference, whichever is earlier,] shall adopt written rules governing, but not limited to, the following procedures:
(a) The selection, rights and duties of committees of a convention;
(b) Challenges to credentials of delegates; and
(c) Majority and minority reports of committees.
Sec. 5. NRS 293.163 is hereby amended to read as follows:
293.163 1. In presidential election years, on the call of a national party convention, but one set of party conventions and but one state convention shall be held on such respective dates and at such places as the state central committee of the party shall designate. If no earlier dates are fixed, the state convention shall be held 30 days [prior to] before the date set for the national convention and the county conventions shall be held 60 days [prior to] before the date set for the national convention.
2. Delegates to such conventions shall be selected in the same manner as prescribed in NRS 293.130 to 293.160, inclusive, [except as to time,] and each convention shall have and exercise all of the power granted it under NRS 293.130 to 293.160, inclusive. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party, and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2007 Statutes of Nevada, Page 3163κ
Senate Bill No. 490Committee on Legislative Operations and Elections
CHAPTER 524
AN ACT relating to the Legislature; revising provisions governing bill draft requests authorized for various requesters; revising provisions governing the prefiling, reprinting and transmittal of bills and resolutions; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Existing law specifies the number of bill drafts various entities may request the Legislative Counsel to prepare. (NRS 218.240-218.255) Sections 3-9 and 15 of this bill revise those provisions to limit the number of measures that may be requested by most nonlegislative requesters and increasing the number of measures that may be requested by certain Legislators. Sections 3, 4 and 8-10 of this bill require that certain measures requested on behalf of nonlegislative requesters be prefiled on or before December 15 preceding session.
Section 9 of this bill also removes the provision that requires all bill drafts requested by the Supreme Court to be delivered to the Chairman of the Committee on Judiciary of each House.
Under existing law, when a prefiled bill or joint resolution is printed it must contain the standing committee to which the bill or joint resolution is proposed to be referred. The appropriate standing committee must be determined pursuant to the rules or recommendations for the referral of bills and joint resolutions adopted by the appropriate House during the preceding regular session of the Legislature. (NRS 218.278) Section 11 of this bill removes the specified method for determining the appropriate standing committee.
Section 16 of this bill provides that sections 3-10 and 15 of this bill expire by limitation on June 30, 2011.
Under existing law, when a bill is amended it must be reprinted unless two-thirds of the members present vote to dispense with the reprinting of the bill. Existing law limits the circumstances under which such a vote may be taken to only those cases involving bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill. (NRS 218.320, 218.330) Sections 12 and 13 of this bill remove such limiting circumstances.
Under existing law, when a bill or resolution is passed by both Houses it must be immediately transmitted by the Secretary of the Senate or the Chief Clerk of the Assembly to the Legislative Counsel to be enrolled. (NRS 218.340) Section 14 of this bill revises that requirement by providing that the bill or resolution must be transmitted to the Legislative Counsel.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 218.2413 is hereby amended to read as follows:
218.2413 1. Except as otherwise provided in subsections 3, 4 and 5, each board of county commissioners, board of trustees of a school district and city council may request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare any legislative measure which has been approved by the governing body of the county, school district or city at a public hearing before its submission to the Legislative Counsel Bureau.
κ2007 Statutes of Nevada, Page 3164 (Chapter 524, SB 490)κ
has been approved by the governing body of the county, school district or city at a public hearing before its submission to the Legislative Counsel Bureau.
2. The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.
3. The board of county commissioners of a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than [15] 4 legislative measures pursuant to subsection 1 for a regular legislative session. [At least one of the measures must be recommended by a metropolitan police department that is located within the county.]
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [10] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than [2 legislative measures] 1 legislative measure pursuant to subsection 1 for a regular legislative session.
4. The board of trustees of a school district in a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than [5] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is [100,000 or more but] less than 400,000 shall not request the preparation of more than [2 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than] 1 legislative measure pursuant to subsection 1 for a regular legislative session.
5. The city council of a city whose population:
(a) Is 100,000 or more shall not request the preparation of more than [4] 3 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.
6. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.
7. As used in this section, population means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.
Sec. 4. NRS 218.2415 is hereby amended to read as follows:
218.2415 1. [An association of elected officials may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare no more than 5 legislative measures for a regular legislative session.
2.] An association of counties or cities may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare no more than [20] 5 legislative measures for a regular legislative session.
κ2007 Statutes of Nevada, Page 3165 (Chapter 524, SB 490)κ
[3.] 2. A request for the drafting of a legislative measure pursuant to this section must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature.
3. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.
Sec. 5. NRS 218.2423 is hereby amended to read as follows:
218.2423 1. Each:
(a) Incumbent Assemblyman may request the drafting of not more than [5] 6 legislative measures submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature and not more than 5 legislative measures submitted to the Legislative Counsel after September 1 but on or before December 15 preceding the commencement of a regular session of the Legislature.
(b) Incumbent Senator may request the drafting of not more than [10] 12 legislative measures submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature and not more than 10 legislative measures submitted to the Legislative Counsel after September 1 but on or before December 15 preceding the commencement of a regular session of the Legislature.
(c) Newly elected Assemblyman may request the drafting of not more than 5 legislative measures submitted to the Legislative Counsel on or before December 15 preceding the commencement of a regular session of the Legislature.
(d) Newly elected Senator may request the drafting of not more than 10 legislative measures submitted to the Legislative Counsel on or before December 15 preceding the commencement of a regular session of the Legislature.
2. In addition to the number authorized pursuant to subsection 1:
(a) The chairman of each standing committee of the immediately preceding regular legislative session, or a person designated in the place of the chairman by the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, may request before the date of the general election preceding the commencement of the next regular legislative session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular legislative session.
(b) A person designated after a general election as a chairman of a standing committee for the next regular legislative session, or a person designated in the place of a chairman by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular legislative session, may request on or before December 15 preceding the commencement of the next regular legislative session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chairman or designee.
3. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.
κ2007 Statutes of Nevada, Page 3166 (Chapter 524, SB 490)κ
Sec. 6. NRS 218.2429 is hereby amended to read as follows:
218.2429 1. The Chairman of the Legislative Commission may request the drafting of not more than 15 legislative measures before the commencement of a regular legislative session, with the approval of the Commission, which relate to the affairs of the Legislature or its employees, including measures requested by the legislative staff.
2. The Chairman of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, with the approval of the Committee, which relate to matters within the scope of the Committee.
3. Except as otherwise provided by specific statute or concurrent resolution of the Legislature:
(a) Any other legislative committee created by statute may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.
(b) An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.
(c) Any other committee established by the Legislature which conducts an interim legislative study may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study.
Κ Except as otherwise provided in NRS 218.635, measures authorized to be requested pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature unless the Legislative Commission authorizes submitting a request after that date.
4. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.
Sec. 7. NRS 218.245 is hereby amended to read as follows:
218.245 1. Except as otherwise provided in subsections 2 and 5, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the Executive Branch of the State Government or for a county, school district or city before a regular session of the Legislature unless the request is approved by the Governor or a designated member of his staff, or the governing body of the county, school district or city, and transmitted to the Legislative Counsel on or before September 1 preceding the convening of the session.
2. A request for proposed legislation may be submitted to the Legislative Counsel pursuant to subsection 3 [or 4] of NRS 218.2455 by the [Board of Regents of the University of Nevada,] Lieutenant Governor, Secretary of State, Attorney General, State Controller or State Treasurer without the approval of the Governor or a designated member of his staff.
3. After November 1, preceding a legislative session, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall give full priority to the preparation of proposed legislation requested by members of the Legislature.
4. The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the Legislature except as authorized by statute or joint rule of the Legislature.
κ2007 Statutes of Nevada, Page 3167 (Chapter 524, SB 490)κ
legislation during any regular session of the Legislature except as authorized by statute or joint rule of the Legislature.
5. [An agency or officer of the Executive Branch of the State Government or a county, school district or city, shall not request a Legislator to have legislation drafted on its behalf.] The Legislative Commission, when the Legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the Legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1 of this section and subsection 1 [,] or 3 [or 4] of NRS 218.2455.
Sec. 8. NRS 218.2455 is hereby amended to read as follows:
218.2455 1. The Governor or his designated representative may transmit to the Legislative Counsel on or before September 1 preceding a regular legislative session not more than [125] 100 requests for the drafting of legislative measures approved on behalf of state agencies, boards and departments of the Executive Branch of the State Government pursuant to subsection 1 of NRS 218.245.
2. The Department of Administration may request on or before the 19th day of the legislative session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of the legislative session to propose his legislative agenda.
3. The following constitutional officers may request the drafting of not more than the following numbers of legislative measures on or before September 1 preceding a regular legislative session:
Lieutenant Governor.............................................................................. [2] 1
Secretary of State.................................................................................... [8] 5
State Treasurer......................................................................................... [5] 2
State Controller........................................................................................ [5] 2
Attorney General................................................................................ [25] 15
4. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The [Board of Regents of the University of Nevada may request the drafting of not more than 5 legislative measures on behalf of the Nevada System of Higher Education on or before September 1 preceding a regular legislative session.] measures requested pursuant to subsections 1 and 3 must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.
Sec. 9. NRS 218.247 is hereby amended to read as follows:
218.247 1. The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall prepare and assist in the preparation of legislative measures at the request of the Supreme Court if the legislative measures are transmitted to the Legislative Counsel on or before September 1 preceding the commencement of the next regular session of the Legislature. The Supreme Court may transmit to the Legislative Counsel pursuant to this section not more than [16] 10 legislative measures on behalf of the Supreme Court .
κ2007 Statutes of Nevada, Page 3168 (Chapter 524, SB 490)κ
of the Supreme Court . [and district courts of this State and not more than 4 legislative measures on behalf of the municipal courts and Justice Courts of this State.]
2. Every requested legislative measure must set forth the substance of the provisions desired or which may be needed with the reasons therefor.
3. [The Legislative Counsel shall transmit any legislative measure prepared pursuant to this section to the Chairman of the Committee on Judiciary of each House at the next regular session of the Legislature.] Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.
Sec. 10. NRS 218.277 is hereby amended to read as follows:
218.277 1. Any member of the next succeeding regular session of the Legislature may request the Legislative Counsel to prefile any legislative bill or joint resolution that was requested by that Legislator for introduction in the next succeeding regular session of the Legislature.
2. A person designated as a chairman of a standing committee for the next succeeding regular session of the Legislature may request the Legislative Counsel to prefile on behalf of the committee any legislative bill or joint resolution within the jurisdiction of the committee for introduction in the next succeeding regular session of the Legislature.
3. Measures submitted for prefiling pursuant to NRS 218.2413, 218.2415, 218.2455 and 218.247 must be randomly divided in equal amounts between the Senate and the Assembly and prefiled on behalf of the appropriate standing committee.
4. Such bills and joint resolutions must be in such final and correct form for introduction in the Legislature as required by the Nevada Constitution and this chapter.
[4.] 5. The Legislative Counsel shall not prefile a bill or joint resolution requested by:
(a) A member of the Legislature who is not a candidate for reelection until after the general election immediately preceding the regular session of the Legislature.
(b) A member of the Legislature who is elected or reelected to his office at the general election immediately preceding the regular session of the Legislature until he is determined to have received the highest number of votes pursuant to the canvass of votes required by NRS 293.395.
Sec. 11. NRS 218.278 is hereby amended to read as follows:
218.278 1. The Legislative Counsel shall, upon receipt of requests for prefiling bills and joint resolutions, transmit those bills and resolutions that may be prefiled to the Secretary of the Senate or the Chief Clerk of the Assembly, as appropriate. The Secretary or Chief Clerk shall number the bills and joint resolutions consecutively in the same manner as during regular sessions of the Legislature and is responsible for the safekeeping of such bills and joint resolutions.
2. After a bill or joint resolution has been properly numbered, the Legislative Counsel shall cause the bill or joint resolution to be printed in the same manner as during regular sessions of the Legislature. The bill or joint resolution must contain:
κ2007 Statutes of Nevada, Page 3169 (Chapter 524, SB 490)κ
(a) The name of the introducer;
(b) The date on which it was prefiled;
(c) If it was not requested by a member of the Legislature, the name of the entity that requested the preparation of the bill or joint resolution; and
(d) The standing committee of the Senate or Assembly to which the bill or joint resolution is proposed to be referred. [The standing committee must be determined pursuant to the rules or recommendations for the referral of bills and joint resolutions adopted by the appropriate House during the preceding regular session of the Legislature.]
3. The number of copies to be printed must be determined by the Legislative Counsel, and the expenses of printing and mailing must be paid from the Legislative Fund.
4. The Legislative Counsel shall release copies of a prefiled bill or joint resolution to the public.
Sec. 12. NRS 218.320 is hereby amended to read as follows:
218.320 All bills amended by either House shall be immediately reprinted. New matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy and brackets or strike-out type in the printed copy. When a bill is amended in either House, the first or previous markings shall be omitted. However, [in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill,] the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present. If the reprinting is so dispensed with, the amendments may be inserted by hand in the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be.
Sec. 13. NRS 218.330 is hereby amended to read as follows:
218.330 Whenever a bill or resolution which shall have been passed in one House shall be amended in the other, it shall immediately be reprinted as amended by the House making such amendment or amendments. Such amendment or amendments shall be attached to the bill or resolution so amended and endorsed adopted and such amendment or amendments, if concurred in by the House in which such bill or resolution originated, shall be endorsed concurred in and such endorsement shall be signed by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be. However, [in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill,] the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present, but such amendment must be concurred in by the House in which such bill originated. If the reprinting is so dispensed with, the amendments may be inserted by hand in the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be.
κ2007 Statutes of Nevada, Page 3170 (Chapter 524, SB 490)κ
Sec. 14. NRS 218.340 is hereby amended to read as follows:
218.340 When any bill or resolution is passed by both Houses, the Secretary of the Senate or the Chief Clerk of the Assembly shall [immediately] transmit the same to the Legislative Counsel to be enrolled, and shall take his receipt therefor. The receipt shall bear the date of delivery and shall give the bill or resolution number. The fact that the bill or resolution was received by the Legislative Counsel shall be noted as a part of the history of the bill or resolution. When the same shall have been duly and regularly enrolled and delivered to the Governor, as provided by NRS 218.280 to 218.440, inclusive , [(] in all cases where it is required to be so delivered , [),] the fact of such delivery and the date thereof shall also be noted, over the signature of the Legislative Counsel, as a part of the history of the bill or resolution.
Sec. 15. NRS 218.2417 is hereby repealed.
Sec. 16. 1. This act becomes effective upon passage and approval.
2. Sections 3 to 10, inclusive, and 15 of this act expire by limitation on June 30, 2011.
________
Assembly Bill No. 510Select Committee on Corrections, Parole, and Probation
CHAPTER 525
AN ACT relating to offenders; revising provisions relating to the residential confinement of certain offenders; authorizing the Director of the Department of Corrections to award greater amounts of credit against the sentence of offenders under certain circumstances; revising provisions relating to programs for the reentry of offenders and parolees into the community; providing for certain credits to be applied to a period of probation; revising provisions governing residential confinement for offenders who violate parole or probation; revising the additional penalty that must be imposed for the commission of certain crimes under certain circumstances; making various other changes pertaining to offenders; and providing other matters properly relating thereto.
[Approved: June 14, 2007]
Legislative Counsels Digest:
Section 2 of this bill eliminates certain requirements that an offender must meet to be eligible for residential confinement and revises the prohibition against assigning a prisoner who has been convicted of a sexual offense to residential confinement by prohibiting the Director of the Department of Corrections from assigning a prisoner to a minimum security facility if the prisoner has ever been convicted of a sexual offense that is a felony. In addition, section 2 revises a provision which prohibits an offender from receiving residential confinement if the offender has ever been convicted of a violent crime by prohibiting an offender from receiving residential confinement if the offender has, within the immediately preceding 3 years, been convicted of a violent crime that is a felony. (NRS 209.392) Finally, section 2 provides that an offender who has been convicted of a category A or B felony is not eligible for residential confinement.
κ2007 Statutes of Nevada, Page 3171 (Chapter 525, AB 510)κ
Existing law requires the Director to assign certain offenders who are abusers of alcohol or drugs to residential confinement. (NRS 209.429) Section 3 of this bill eliminates certain requirements that such an offender must meet for the Director to assign him to residential confinement.
Section 5 of this bill increases from 10 days to 20 days the deduction from the sentence of an offender who engages in certain good behavior. In addition, section 5 increases by 30 days the deductions from the sentence of an offender who obtains certain educational achievements. Section 5 also provides that certain credits to the sentence of an offender convicted of certain category C, D or E felonies must be deducted from the minimum term imposed by the sentence until the offender becomes eligible for parole and from the maximum term imposed by the sentence. (NRS 209.4465) Section 6 of this bill increases from 10 days to 20 days the deduction from the sentence of a parolee who is current with any fee to defray the cost of his supervision and who is current with any restitution payments. (NRS 209.4475) Section 6.2 of this bill increases from 30 days to 60 days the deduction from the sentence of an offender who successfully completes a program of treatment for the abuse of alcohol or drugs. (NRS 209.448) Section 6.4 of this bill increases from 30 days to 60 days the deduction from the sentence of an offender who successfully completes a program of vocational education and training. (NRS 209.449)
Section 7 of this bill revises the prohibition against assigning a prisoner who has been convicted of a sexual offense to a minimum security facility by prohibiting the Director from assigning a prisoner to such a facility if the prisoner has ever been convicted of a sexual offense that is a felony. In addition, section 7 revises the prohibition against assigning a prisoner who has committed a violent act during the previous year to a minimum security facility by prohibiting the Director from assigning a prisoner to such a facility if the prisoner has, within the preceding year, been convicted of a violent crime that is a felony. (NRS 209.481)
Existing law allows the Director of the Department of Corrections to recommend an offender to a judicial program for reentry of offenders and parolees into the community. (NRS 209.4886) Section 7.5 of this bill provides that an offender is not eligible for a judicial program for reentry if the offender has, within the immediately preceding year, instead of 5 years, been convicted of a violent crime that is a felony. Existing law allows the Director to establish a program for reentry of offenders and parolees into the community. Section 8 of this bill revises a provision which provides that an offender is not eligible for the program if the offender has, within the immediately preceding 5 years, been convicted of a violent crime by providing that an offender is not eligible for the program if the offender has, within the immediately preceding year, been convicted of a violent crime that is a felony. (NRS 209.4888)
Section 8.3 of this bill prohibits the State Board of Parole Commissioners from considering whether a prisoner has appealed the judgment of imprisonment for which the prisoner is being considered for parole when the Board determines whether to grant parole to a prisoner.
Existing law provides that certain prisoners must be released on parole 12 months before the end of the prisoners maximum term of imprisonment. However, if the State Board of Parole Commissioners finds that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the Board may deny the parole. (NRS 213.1215) Section 8.55 provides that if the Board denies parole for this reason, the Board must provide the prisoner with a written statement of the reasons for the denial.
Section 8.7 of this bill provides that a person who is sentenced to a period of probation for a felony and who engages in certain good behavior while on probation must be allowed a deduction from his period of probation of 20 days for each month he serves. (NRS 176A.500)
Existing law authorizes the State Board of Parole Commissioners, in lieu of suspending the parole of a parolee who violates a condition of his parole and returning him to confinement in prison, to require the parolee to serve a term of residential confinement. (NRS 213.152) Section 8.6 of this bill authorizes the State Board of Parole Commissioners, in lieu of suspending the parole of a parolee who violates a condition of his parole and returning him to confinement in prison, to place the parolee in a community correctional center, conservation camp, facility of minimum security or other place of confinement other than a prison for a period of not more than 6 months.
κ2007 Statutes of Nevada, Page 3172 (Chapter 525, AB 510)κ
Board of Parole Commissioners, in lieu of suspending the parole of a parolee who violates a condition of his parole and returning him to confinement in prison, to place the parolee in a community correctional center, conservation camp, facility of minimum security or other place of confinement other than a prison for a period of not more than 6 months.
If a person who has been placed on probation violates a condition of his probation, existing law authorizes a court, in lieu of causing the sentence imposed to be executed, to direct that the person be placed under the supervision of the Division of Parole and Probation of the Department of Public Safety and to require the person to serve a term of residential confinement. Section 8.8 of this bill authorizes the court, in lieu of causing the sentence imposed to be executed, to direct that the person be placed under the supervision of the Department of Corrections and to require the person to serve a term of confinement in a community correctional center, conservation camp, facility of minimum security or other place of confinement other than a prison for a period of not more than 6 months. (NRS 176A.660)
Section 10 of this bill provides for retroactive application of the amendatory provisions of sections 5 and 8.7 to certain credits earned by offenders pursuant to NRS 209.4465 and 176A.500 in certain circumstances.
Existing law provides that persons who commit certain crimes must be punished by the imposition of a penalty equal to and in addition to the term of imprisonment for the underlying crime. (NRS 193.161-193.1685) Sections 10-19 of this bill provide that the additional penalty for such crimes must be a minimum term of not less than 1 year and a maximum term of not more than 20 years, except that the additional term of imprisonment must not exceed the sentence imposed for the underlying crime. Moreover, sections 10-19 require a court to consider certain factors and, state on the record that the court considered those factors, when the court determines the length of the additional punishment to be imposed.
Section 20 of this bill amends Assembly Bill No. 508 of this session to require the Advisory Commission on the Administration of Justice to identify and study issues relating to: (1) the application of the Open Meeting Law to the State Board of Pardons Commissioners and the State Board of Parole Commissioners; and (2) the operations of the Department of Corrections.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 209.392 is hereby amended to read as follows:
209.392 1. Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:
(a) [Established] Demonstrated a willingness and ability to establish a position of employment in the community;
(b) [Enrolled] Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,
Κ assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation.
κ2007 Statutes of Nevada, Page 3173 (Chapter 525, AB 510)κ
Probation. If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offenders request and advise the victim that he may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.130, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.
3. The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:
(a) [Is not eligible for parole or release from prison within a reasonable period;
(b)] Has recently committed a serious infraction of the rules of an institution or facility of the Department;
[(c)] (b) Has not performed the duties assigned to him in a faithful and orderly manner;
[(d)] (c) Has [ever] been convicted of:
(1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim [; or] within the immediately preceding 3 years;
(2) A sexual offense [;
(e)] that is punishable as a felony; or
(3) A category A or B felony;
(d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484.379, 484.3795 or 484.37955; or
[(f)] (e) Has escaped or attempted to escape from any jail or correctional institution for adults , [; or
(g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director,]
Κ is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.
4. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
κ2007 Statutes of Nevada, Page 3174 (Chapter 525, AB 510)κ
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
6. An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. NRS 209.429 is hereby amended to read as follows:
209.429 1. Except as otherwise provided in subsection 6, the Director shall assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence if [:
(a) The] the offender has:
[(1)] (a) [Established] Demonstrated a willingness and ability to establish a position of employment in the community;
[(2)] (b) [Enrolled] Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or
[(3)] (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime . [;
(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and
(c) The Director believes that the offender will be able to:
(1) Comply with the terms and conditions required under residential confinement; and
(2) Complete successfully the remainder of the program of treatment while under residential confinement.
Κ If an offender assigned to the program of treatment pursuant to NRS 209.427 completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.]
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the Division of Parole and Probation a signed document stating that:
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.
κ2007 Statutes of Nevada, Page 3175 (Chapter 525, AB 510)κ
3. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding forfeiture of credits is final.
4. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
5. A person does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
6. The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
Sec. 4. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence;
(b) For the period he is in residential confinement; and
(c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,
Κ a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
κ2007 Statutes of Nevada, Page 3176 (Chapter 525, AB 510)κ
(a) For earning a general educational development certificate, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 5. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence;
(b) For the period he is in residential confinement; and
(c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,
Κ a deduction of [10] 20 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development certificate, [30] 60 days.
(b) For earning a high school diploma, [60] 90 days.
(c) For earning his first associate degree, [90] 120 days.
3. The Director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire [20] 30 days of credit each month that is allowed pursuant to subsections 1 and 2.
κ2007 Statutes of Nevada, Page 3177 (Chapter 525, AB 510)κ
offender who earns credit pursuant to this subsection is eligible to earn the entire [20] 30 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. [Credits] Except as otherwise provided in subsection 8, credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
8. Credits earned pursuant to this section by an offender who has not been convicted of:
(a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;
(b) A sexual offense that is punishable as a felony;
(c) A violation of NRS 484.379, 484.3795 or 484.37955 that is punishable as a felony; or
(d) A category A or B felony,
Κ apply to eligibility for parole and must be deducted from the minimum term imposed by the sentence until the offender becomes eligible for parole and must be deducted from the maximum term imposed by the sentence.
Sec. 6. NRS 209.4475 is hereby amended to read as follows:
209.4475 1. In addition to any credits earned pursuant to NRS 209.447, an offender who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life must be allowed for the period he is actually on parole a deduction of [10] 20 days from his sentence for each month he serves if:
(a) He is current with any fee to defray the costs of his supervision pursuant to NRS 213.1076; and
(b) He is current with any payment of restitution required pursuant to NRS 213.126.
2. In addition to any credits earned pursuant to subsection 1 and NRS 209.447, the Director may allow not more than 10 days of credit each month for an offender:
(a) Who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life; and
(b) Whose diligence in labor or study merits such credits.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the Director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.447, 209.448 and 209.449, be deducted from the maximum term imposed by the sentence.
5. The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.
κ2007 Statutes of Nevada, Page 3178 (Chapter 525, AB 510)κ
Sec. 6.2. NRS 209.448 is hereby amended to read as follows:
209.448 1. An offender who has no serious infraction of the regulations of the Department or the laws of the State recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than [30] 60 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the Department and a person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to chapter 641C of NRS.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 6.4. NRS 209.449 is hereby amended to read as follows:
209.449 1. An offender who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of [30] 60 days from the maximum term of his sentence for the successful completion of:
(a) A program of vocational education and training; or
(b) Any other program approved by the Director.
2. If the offender completes such a program with meritorious or exceptional achievement, the Director may allow not more than 60 days of credit in addition to the [30] 60 days allowed for completion of the program.
Sec. 7. NRS 209.481 is hereby amended to read as follows:
209.481 1. The Director shall not assign any prisoner to an institution or facility of minimum security if the prisoner:
(a) Except as otherwise provided in NRS 484.3792, 484.3795, 484.37955, 488.420 and 488.427, is not eligible for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has ever been convicted of a sexual offense [;] that is punishable as a felony;
(e) Has [committed an act of serious violence during the previous year;] , within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony; or
(f) Has attempted to escape or has escaped from an institution of the Department.
2. The Director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.
Sec. 7.5. NRS 209.4886 is hereby amended to read as follows:
209.4886 1. Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, refer the offender to the reentry court if:
(a) The Director believes that the offender would participate successfully in and benefit from the judicial program;
(b) The offender has demonstrated a willingness to:
κ2007 Statutes of Nevada, Page 3179 (Chapter 525, AB 510)κ
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime; and
(c) The offender is within 2 years of his probable release from prison, as determined by the Director.
2. Except as otherwise provided in this section, if the Director is notified by the reentry court pursuant to NRS 209.4883 that an offender should be assigned to the custody of the Division to participate in the judicial program, the Director shall assign the offender to the custody of the Division to participate in the judicial program for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standards setting forth which offenders are eligible to be assigned to the custody of the Division to participate in the judicial program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has, within the immediately preceding [5 years,] year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense [;] that is punishable as a felony; or
(e) Has escaped or attempted to escape from any jail or correctional institution for adults , [; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director,]
Κ is not eligible for assignment to the custody of the Division pursuant to this section to participate in a judicial program.
4. The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department for the cost of their participation in a judicial program, to the extent of their ability to pay.
5. The reentry court may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the reentry court.
6. If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions imposed by the reentry court and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.
7. The assignment of an offender to the custody of the Division pursuant to this section shall be deemed:
κ2007 Statutes of Nevada, Page 3180 (Chapter 525, AB 510)κ
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
8. An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a judicial program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 8. NRS 209.4888 is hereby amended to read as follows:
209.4888 1. Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, determine that an offender is suitable to participate in the correctional program if:
(a) The Director believes that the offender would participate successfully in and benefit from the correctional program;
(b) The offender has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his crime; and
(c) The offender is within 2 years of his probable release from prison, as determined by the Director.
2. Except as otherwise provided in this section, if the Director determines that an offender is suitable to participate in the correctional program, the Director shall request that the Chairman of the State Board of Parole Commissioners assign the offender to the custody of the Division to participate in the correctional program. The Chairman may assign the offender to the custody of the Division to participate in the correctional program for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has, within the immediately preceding [5 years,] year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
(d) Has ever been convicted of a sexual offense [;] that is punishable as a felony; or
(e) Has escaped or attempted to escape from any jail or correctional institution for adults , [; or
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