[Rev. 10/24/2013 8:11:54 PM--2013]

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ê2013 Statutes of Nevada, Page 2717ê

 

CHAPTER 462, SB 21

Senate Bill No. 21–Committee on Government Affairs

 

CHAPTER 462

 

[Approved: June 10, 2013]

 

AN ACT relating to state financial administration; making various changes to provisions governing debt collection by the State Controller; providing a uniform rate of interest on certain debt assigned to the State Controller for collection; revising provisions governing refunds of overpayments on debt owed to the State; adding various requirements for renewal of certain professional or occupational licenses; requiring the State Controller to establish a fee that must be paid by certain payees who refuse to accept an electronic payment of an account payable; requiring the State Controller to pay the salaries and wages of certain state officers and employees through an electronic payment system; requiring certain state officers and employees, with limited exceptions, to receive payment of their salaries and wages through the electronic payment system; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth provisions governing the collection of debts owed to a state agency. (Chapter 353C of NRS) Section 2 of this bill provides a uniform rate of interest that is applicable to each debt which is assigned by a state agency to the State Controller for collection and which is subject to the payment of interest pursuant to a specific statute or regulation. Section 3 of this bill provides that the State Controller is not required to refund overpayments on debt owed to the State that are less than $10 unless the refund is timely requested in writing. Sections 4, 7.1-7.9, 13-16 and 21-67 of this bill prohibit certain licensing agencies from renewing licenses, certifications, registrations, permits or other authorizations that grant a person the authority to engage in certain professions or occupations in this State if: (1) the person owes a debt to a state agency which has been assigned to the State Controller for collection; or (2) the person has not provided to those licensing agencies certain information relating to state business licenses.

      Section 5 of this bill revises the costs and fees that certain debtors must pay for the collection of a debt owed to the State. Section 6 of this bill provides that if the State Controller sells a debt after the statutory period for the collection of the debt has expired, the money received must be deposited in the Debt Recovery Account in the State General Fund. Sections 7 and 8 of this bill establish a process by which an agency may submit a written request to the Interim Finance Committee to contest the determination of the State Controller to deposit certain money collected by the State Controller in the Debt Recovery Account. Section 9 of this bill requires the State Controller to establish by regulation a fee that must be paid to the State Controller by certain payees that refuse to accept electronic payment of an account payable.

      Sections 8.5 and 9.1-9.3 of this bill require the State Controller: (1) to establish an electronic payment system to pay the salaries and wages of certain state officers and employees through the use of direct deposit; and (2) to pay the salaries and wages of certain state officers and employees through the electronic payment system unless the State Controller determines that participation in the electronic payment system would cause the state officer or employee to suffer undue hardship or extreme inconvenience or the state officer or employee does not have an account at a financial institution that accepts direct deposit. Section 16.5 of this bill authorizes the Board of Regents of the University of Nevada to establish a similar electronic payment system for academic staff and employees of the Nevada System of Higher Education.

 


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ê2013 Statutes of Nevada, Page 2718 (Chapter 462, SB 21)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 353C of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. If an agency assigns a debt to the State Controller for collection pursuant to NRS 353C.195 and the debt is subject to the payment of interest pursuant to a specific statute or regulation, interest must accrue on the debt at the rate most recently established pursuant to NRS 99.040 beginning on the date of the assignment of the debt to the State Controller, notwithstanding any other rate of interest set forth in the specific statute or regulation.

      Sec. 3. The State Controller is not required to draw a warrant to refund an overpayment of a debt which is paid to the State Controller if the amount of the overpayment is less than $10, unless the debtor, not later than 1 year after the date of the overpayment, submits a written request to the State Controller for payment of the refund.

      Sec. 4. 1.  The State Controller shall establish and maintain a list of persons who owe a debt to an agency that has been assigned to the State Controller for collection pursuant to NRS 353C.195.

      2.  A licensing agency shall provide to the State Controller:

      (a) The name, address and social security number or employer identification number, as applicable, of each licensee; and

      (b) The state business license number of the licensee, if the licensee has a state business license.

      3.  A licensing agency shall provide the information described in subsection 2:

      (a) On or before February 1 of each year for licensees who renewed licenses from July 1 through December 31 of the previous calendar year; or

      (b) On or before August 1 of each year for licensees who renewed licenses from January 1 through June 30 of the current calendar year.

      4.  If the State Controller determines that the name of any licensee appears on the list established by the State Controller pursuant to subsection 1, the State Controller shall send a written notice to the licensee, which includes, without limitation:

      (a) The amount of the debt;

      (b) A request for payment of the debt;

      (c) Notification that the licensee may enter into an agreement with the State Controller pursuant to NRS 353C.130 for the payment of the debt;

      (d) Notification that the licensee must respond to the notice within 30 days after the date on which the notice was sent;

      (e) Notification that the licensee may request a hearing to determine the validity of the debt not later than 30 days after the date on which the notice was sent; and

      (f) Notification that the licensing agency is prohibited from renewing the license of the licensee unless the licensee pays the debt, enters into an agreement for the payment of the debt pursuant to NRS 353C.130 or demonstrates to the State Controller that the debt is not valid.

 


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      5.  The State Controller shall notify the licensing agency if the licensee does not pay the debt that has been assigned to the State Controller for collection, enter into an agreement for the payment of the debt pursuant to NRS 353C.130 or demonstrate that the debt is not valid. A licensing agency shall not renew the license of the licensee who is the subject of the notification until the State Controller notifies the licensing agency that the licensee has:

      (a) Satisfied the debt;

      (b) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

      (c) Demonstrated that the debt is not valid.

      6.  Information shared between the State Controller and a licensing agency to carry out the provisions of this section is not a public record.

      7.  A licensing agency may not be held liable in any civil action for any action taken by the licensing agency in good faith to comply with the provisions of this section.

      8.  The State Controller shall verify with the Secretary of State the information related to the state business license of each licensee.

      9.  The State Controller shall adopt such regulations as the State Controller determines necessary or advisable to carry out the provisions of this section.

      10.  As used in this section:

      (a) “License” means any license, certification, registration, permit or other authorization that grants a person the authority to engage in a profession or occupation in this State.

      (b) “Licensee” means a person to whom a license has been issued.

      (c) “Licensing agency” means any agency, board or commission that regulates an occupation or profession except for the Department of Motor Vehicles, the Division of Insurance of the Department of Business and Industry, the Commissioner of Insurance or any local government.

      Sec. 5. NRS 353C.135 is hereby amended to read as follows:

      353C.135  1.  Except as otherwise provided in subsection 2 or by a specific statute, a person who owes a debt of more than $300 pursuant to this chapter shall, in addition to the debt, pay:

      (a) [The] If the State Controller has entered into a contract pursuant to NRS 353C.200 with a private debt collector or any other person for the assignment of the collection of the debt:

             (1) A fee payable to the State Controller in the amount of 2 percent of the amount of the debt assigned to the State Controller for collection pursuant to NRS 353C.195;

             (2) The amount of the costs and fees [actually incurred to collect the debt; and] established in the contract; and

             (3) Any additional costs and fees actually incurred to collect the debt; or

      (b) If the State Controller has not assigned the collection of the debt pursuant to NRS 353C.200:

             (1) A fee payable to the State Controller in the amount of 2 percent of the amount of the debt assigned to the State Controller for collection pursuant to NRS 353C.195.

             (2) An amount payable to the State Controller for costs and fees which is equal to a percentage of the amount of the debt recovered. The State Controller shall calculate the appropriate percentage pursuant to this subparagraph that is applicable to the debt by reducing by 5 percentage points the lowest such percentage established in any contract entered into by the State Controller pursuant to NRS 353C.200 that was effective at the time the debt was incurred.

 


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subparagraph that is applicable to the debt by reducing by 5 percentage points the lowest such percentage established in any contract entered into by the State Controller pursuant to NRS 353C.200 that was effective at the time the debt was incurred.

             (3) Any additional costs and fees actually incurred to collect the debt.

      2.  The total amount of costs and fees required pursuant to subsection 1 must not exceed 35 percent of the amount of the debt or $50,000, whichever is less. Any prejudgment or postjudgment interest on the debt authorized by law must not be included in the calculation of the costs and fees actually incurred to collect the debt.

      Sec. 6. NRS 353C.222 is hereby amended to read as follows:

      353C.222  1.  If the period of limitation for the collection of a debt set forth in NRS 353C.140 has expired, the State Controller may, in lieu of requesting the State Board of Examiners to designate the debt as a bad debt pursuant to NRS 353C.220, sell the debt to any person.

      2.  All money received by the State Controller from the sale of a debt pursuant to subsection 1 must be deposited in the Debt Recovery Account created by NRS 353C.226.

      Sec. 7. NRS 353C.224 is hereby amended to read as follows:

      353C.224  1.  If the State Controller collects any money owed to an agency from a debtor or receives any money from a private debt collector or other person to whom the State Controller has assigned the collection of a debt owed to an agency, the State Controller shall, unless prohibited by federal law, transfer the net amount of money owed to the agency:

      (a) Except as otherwise provided in paragraph (c), to the Debt Recovery Account created by NRS 353C.226 if the debt is owed to an agency whose budget is supported exclusively or in part from the State General Fund.

      (b) Except as otherwise provided in paragraph (c), to an account specified by the agency if the debt is owed to an agency whose budget is supported exclusively from sources other than the State General Fund.

      (c) If a specific statute requires the money to be deposited in a specific account or used for a specific purpose, to the specific account required by statute or to the account from which money is expended for the purpose specified.

      2.  If the State Controller is unable to determine where to transfer the net amount of money collected pursuant to subsection 1, the money must be deposited in the Debt Recovery Account. If an agency disputes the decision to deposit the money in the Debt Recovery Account pursuant to this subsection, the agency may, not later than 60 days after the money is deposited in the Debt Recovery Account, submit a written request to the Interim Finance Committee seeking its determination of where the money collected pursuant to subsection 1 should be deposited. If an agency fails to submit such a written request timely, the money must remain in the Debt Recovery Account and be used in accordance with NRS 353C.226.

      3.  As used in this section, “net amount of money owed to the agency” means the money owed to an agency by a debtor that is collected or received by the State Controller minus:

      (a) Any fees owed pursuant to a specific statute to the State Controller for collection of the debt;

 


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      (b) Any costs incurred or fees paid by the State Controller to collect any debt assigned to the State Controller for collection by the agency; and

      (c) Any interest on the debt collected by the State Controller under the terms of an agreement with the debtor, pursuant to NRS 353C.130, for the payment of the debt on an installment basis.

      Sec. 7.1. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate as a court interpreter must indicate in the application submitted to the Court Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification of a court interpreter may not be renewed if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Court Administrator pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 7.2. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Supreme Court may adopt rules that:

      (a) Require a person applying for the renewal of a license to practice law to indicate in the application submitted to the State Bar of Nevada whether the applicant has a state business license and, if so, require the applicant to include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      (b) Prohibit the renewal of a license to practice law if:

             (1) The applicant fails to submit the information required by paragraph (a); or

             (2) The State Controller has informed the State Bar of Nevada pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

                   (I) Satisfied the debt;

                   (II) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

                   (III) Demonstrated that the debt is not valid.

      2.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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ê2013 Statutes of Nevada, Page 2722 (Chapter 462, SB 21)ê

 

      Sec. 7.3. Chapter 7 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the Supreme Court adopts the rules described in section 7.2 of this act, the State Bar of Nevada shall:

      (a) Require a person applying for the renewal of a license to practice law to include in the application submitted to the State Bar of Nevada:

             (1) Whether the applicant has a state business license; and

             (2) If the applicant has a state business license, the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS; and

      (b) Not renew a license to practice law if:

             (1) The applicant fails to submit the information required by paragraph (a); or

             (2) The State Controller has informed the State Bar of Nevada pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

                   (I) Satisfied the debt;

                   (II) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

                   (III) Demonstrated that the debt is not valid.

      2.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 7.4. Chapter 90 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent must indicate in the application submitted to the Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent may not be renewed by the Administrator if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Administrator pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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      Sec. 7.5. Chapter 116A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate or registration must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate or registration may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 7.6. Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 7.7, 7.8 and 7.9 of this act.

      Sec. 7.7. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a sales agent’s license must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A sales agent’s license may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 7.8. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of registration as a representative must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

 


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state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Registration as a representative may not be renewed by the Administrator if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Administrator pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 7.9. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of registration with the Division to engage in the business of, act in the capacity of, advertise or assume to act as a manager must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Registration to engage in the business of, act in the capacity of, advertise or assume to act as a manager may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 8. NRS 218E.405 is hereby amended to read as follows:

      218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 284.1729, 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830 and 538.650.

 


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ê2013 Statutes of Nevada, Page 2725 (Chapter 462, SB 21)ê

 

NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:

      (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

      (c) The Director or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

      Sec. 8.3. (Deleted by amendment.)

      Sec. 8.5. Chapter 227 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Controller shall establish an electronic payment system to pay the salaries and wages of state officers and employees through the use of direct deposit.

      2.  Except as otherwise provided in subsection 3, the State Controller shall pay the salaries and wages of state officers and employees using the electronic payment system.

      3.  Upon application by a state officer or employee, the State Controller may waive the participation of the state officer or employee in the electronic payment system established pursuant to subsection 1 if:

      (a) The State Controller determines that participation in the system by the state officer or employee would cause the state officer or employee to suffer undue hardship or extreme inconvenience; or

      (b) The state officer or employee does not have an account at a financial institution that accepts direct deposit.

      4.  The State Controller may adopt such regulations as he or she determines to be necessary or advisable to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Direct deposit” means payment of the salary and wages of a person by causing the net amount of such person’s salary and wages to be deposited in an account maintained in a financial institution in the name of the person.

      (b) “State employee” means any person who performs public duties under the direction and control of a state officer for compensation paid by or through the State except any employee of:

             (1) The Nevada System of Higher Education; or

             (2) The Legislative Department of the State Government.

      (c) “State officer” means a person elected or appointed to a position with the State Government, except the Nevada System of Higher Education or the Legislative Department of State Government, which involves the exercise of a state power, trust or duty, including:

 


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or the Legislative Department of State Government, which involves the exercise of a state power, trust or duty, including:

             (1) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of state policy;

             (2) The expenditure of state money; and

             (3) The enforcement of laws and regulations of the State.

      Sec. 9. NRS 227.185 is hereby amended to read as follows:

      227.185  1.  Except as otherwise provided in subsection 2, the State Controller shall pay an account payable electronically.

      2.  Upon application of a payee or the payee’s representative, the State Controller may waive the requirements of subsection 1 if the State Controller determines that the electronic payment of an account payable would cause the payee to suffer undue hardship or extreme inconvenience.

      3.  The State Controller shall adopt regulations establishing a fee that must be paid to the State Controller by a payee that refuses to accept electronic payment of an account payable and was not granted a waiver pursuant to subsection 2. The fee must not exceed the actual cost to the State Controller to process the payment.

      4.  The State Controller may adopt such other regulations as are necessary or advisable to carry out the provisions of this section.

      Sec. 9.1. NRS 227.200 is hereby amended to read as follows:

      227.200  The State Controller shall:

      1.  Draw a warrant in favor of any person or governmental payee certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the State Treasurer who shall sign the warrant and:

      (a) Except as otherwise provided in NRS 227.185, if it is for payment of an account payable, electronically pay the payee or the payee’s representative;

      (b) If it is for payment of an employee:

             (1) [Deliver] If the employee is not required to receive his or her salary and wages by direct deposit pursuant to section 8.5 of this act, deliver or mail the warrant to the employee or to the appropriate state agency for distribution; or

             (2) [Deposit] If the employee is required to receive his or her salary and wages by direct deposit pursuant to section 8.5 of this act, deposit the warrant to the credit of the employee by direct deposit at a bank or credit union in which the employee has an account ; [, if the employee has authorized the direct deposit;] or

      (c) Deposit the warrant to the credit of the payee through a funds transfer.

      2.  Keep a warrant register, in which the State Controller shall enter all warrants drawn by him or her. The arrangement of this book must be such as to show the bill and warrant number, the amount, out of which fund the warrants are payable, and a distribution of the warrants under the various appropriations.

      3.  Credit the State Treasurer with all warrants paid.

      Sec. 9.2. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      The agency or governmental entity having jurisdiction over the payment of a state officer or employee to whom the provisions of section 8.5 of this act apply shall ensure that the state officer or employee takes one of the following actions within 30 days after the date on which the state officer or employee is hired, appointed or elected, as applicable:

 


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section 8.5 of this act apply shall ensure that the state officer or employee takes one of the following actions within 30 days after the date on which the state officer or employee is hired, appointed or elected, as applicable:

      1.  Furnish to the Division of Human Resource Management of the Department of Administration such information as may be required to pay the salary and wages of the state officer or employee by direct deposit; or

      2.  Apply to the State Controller for a waiver as described in subsection 3 of section 8.5 of this act.

      Sec. 9.3. NRS 281.120 is hereby amended to read as follows:

      281.120  1.  Except as otherwise provided in this section, all state officers and regular and temporary employees of this State are entitled to receive salaries as fixed by law in two equal semimonthly payments. The first semimonthly payment for each month must be for the first half of that particular month, and the second semimonthly payment must be for the last half of the month.

      2.  All payrolls must be submitted by individual agencies immediately after the 15th and last day of each month for approval by the Division of Human Resource Management of the Department of Administration, and [salary checks] payment as approved by the State Controller must be [issued] made not later than 10 calendar days following the end of each semimonthly pay period.

      3.  A state agency or department may be permitted to pay salaries, within the limits fixed by law, at regular 2-week intervals, when it is established to the satisfaction of the Governor that this method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.

      Secs. 10-12. (Deleted by amendment.)

      Sec. 13. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate as an appraiser must indicate in the application submitted to the Department whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate as an appraiser may not be renewed by the Department if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Department pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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      Sec. 14. Chapter 379 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification by the State Library and Archives Administrator must indicate in the application submitted to the State Library and Archives Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification may not be renewed by the State Library and Archives Administrator if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Library and Archives Administrator pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 15. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a teacher or other educational personnel must indicate in the application submitted to the Superintendent of Public Instruction whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license may not be renewed by the Superintendent of Public Instruction if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Superintendent of Public Instruction pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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      Sec. 16. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of an agent’s permit must indicate in the application submitted to the Administrator whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  An agent’s permit may not be renewed by the Administrator if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Administrator pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 16.5. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board of Regents may establish an electronic payment system to pay the salaries and wages of academic staff and employees of the System through the use of direct deposit.

      2.  If the Board of Regents establishes an electronic payment system pursuant to subsection 1, upon application by a member of academic staff or an employee, the Board of Regents may waive the participation of the member of academic staff or employee in the electronic payment system established pursuant to subsection 1 if:

      (a) Participation in the electronic payment system by the member of academic staff or employee would cause the member of academic staff or employee to suffer undue hardship or extreme inconvenience; or

      (b) The member of academic staff or employee does not have an account at a financial institution that accepts direct deposit.

      3.  As used in this section “direct deposit” means payment of the salary and wages of a person by causing the net amount of such person’s salary and wages to be deposited in an account maintained in a financial institution in the name of the person.

      Secs. 17-20. (Deleted by amendment.)

      Sec. 21. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth in sections 22 and 23 of this act.

      Sec. 22. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

 


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      2.  A certificate may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 23. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 23.5. NRS 435.140 is hereby amended to read as follows:

      435.140  As used in NRS 435.130 to 435.310, inclusive, and section 22 of this act, unless the context otherwise requires, the words and terms defined in NRS 435.172, 435.176 and 435.179 have the meanings ascribed to them in those sections.

      Sec. 24. NRS 435.3305 is hereby amended to read as follows:

      435.3305  As used in NRS 435.3305 to 435.339, inclusive, and section 23 of this act, unless the context otherwise requires, the words and terms defined in NRS 435.331 and 435.3315 have the meanings ascribed to them in those sections.

      Sec. 24.5. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate as an intermediary service organization must indicate in the application submitted to the Health Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

 


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ê2013 Statutes of Nevada, Page 2731 (Chapter 462, SB 21)ê

 

the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate as an intermediary service organization may not be renewed by the Health Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Health Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 25. Chapter 455C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

            (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 26. Chapter 457 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate of authorization to operate a radiation machine for mammography must indicate in the application submitted to the Health Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate of authorization to operate a radiation machine for mammography may not be renewed by the Health Division if:

 


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ê2013 Statutes of Nevada, Page 2732 (Chapter 462, SB 21)ê

 

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Health Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 27. NRS 457.182 is hereby amended to read as follows:

      457.182  As used in NRS 457.182 to 457.187, inclusive, and section 26 of this act, unless the context otherwise requires:

      1.  “Mammography” means radiography of the breast to enable a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast.

      2.  “Radiation” means radiant energy which exceeds normal background levels and which is used in radiography.

      3.  “Radiography” means the making of a film or other record of an internal structure of the body by passing X rays or gamma rays through the body to act on film or other receptor of images.

      Sec. 28. NRS 457.187 is hereby amended to read as follows:

      457.187  1.  The Health Division may impose an administrative fine, not to exceed $5,000, against the owner, lessee or other person responsible for a radiation machine for mammography for a violation of the provisions of NRS 457.182 to 457.186, inclusive, and section 26 of this act, or for a violation of a regulation adopted pursuant thereto.

      2.  Any money collected as a result of an administrative fine imposed pursuant to subsection 1 must be deposited in the State General Fund.

      Sec. 29. Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification as a detoxification technician must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification as a detoxification technician may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

 


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ê2013 Statutes of Nevada, Page 2733 (Chapter 462, SB 21)ê

 

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 30. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 31, 32 and 33 of this act.

      Sec. 31. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of registration as a gaming employee must indicate in the application submitted to the Board whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Registration as a gaming employee may not be renewed by the Board if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Board pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 32. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license issued pursuant to this section and NRS 463.430 to 463.480, inclusive, must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license issued pursuant to NRS 463.430 to 463.480, inclusive, may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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ê2013 Statutes of Nevada, Page 2734 (Chapter 462, SB 21)ê

 

      Sec. 33. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a manufacturer, distributor or seller of gaming devices or mobile gaming systems may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 34. NRS 463.480 is hereby amended to read as follows:

      463.480  A person, firm, association or corporation, or any of their officers or agents, who violates any of the provisions of NRS 463.430 to 463.460, inclusive, and section 32 of this act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 35. Chapter 466 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license issued pursuant to NRS 466.170 must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license issued pursuant to NRS 466.170 may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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ê2013 Statutes of Nevada, Page 2735 (Chapter 462, SB 21)ê

 

      Sec. 36. Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license issued pursuant to NRS 467.100 must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license issued pursuant to NRS 467.100 may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 37. Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate of registration pursuant to NRS 477.223 must indicate in the application submitted to the State Fire Marshal whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate of registration issued pursuant to NRS 477.223 may not be renewed by the State Fire Marshal if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Fire Marshal pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 38. NRS 477.220 is hereby amended to read as follows:

      477.220  As used in NRS 477.220 to 477.226, inclusive, and section 37 of this act, unless the context otherwise requires, the words and terms defined in NRS 477.221 and 477.222 have the meanings ascribed to them in those sections.

 


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ê2013 Statutes of Nevada, Page 2736 (Chapter 462, SB 21)ê

 

      Sec. 39. Chapter 505 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a fur dealer’s license must indicate in the application submitted to the Department whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A fur dealer’s license may not be renewed by the Department if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Department pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 40. Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license to drill pursuant to NRS 534.140 must indicate in the application submitted to the State Engineer whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license to drill issued pursuant to NRS 534.140 may not be renewed by the State Engineer if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Engineer pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 41. Chapter 544 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license to engage in activities for weather modification and control must indicate in the application submitted to the Director whether the applicant has a state business license.

 


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ê2013 Statutes of Nevada, Page 2737 (Chapter 462, SB 21)ê

 

Director whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license to engage in activities for weather modification and control may not be renewed by the Director if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Director pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 42. NRS 544.070 is hereby amended to read as follows:

      544.070  As used in NRS 544.070 to 544.240, inclusive, and section 41 of this act, unless the context requires otherwise:

      1.  “Director” means the Director of the State Department of Conservation and Natural Resources.

      2.  “Operation” means:

      (a) The performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year; or

      (b) If the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year.

      3.  “Research and development” means theoretical analysis, exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials and processes.

      4.  “Weather modification and control” means changing or controlling, or attempting to change or control, by artificial methods the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposphere.

      Sec. 43. NRS 544.240 is hereby amended to read as follows:

      544.240  Any person violating any of the provisions of NRS 544.070 to 544.240, inclusive, and section 41 of this act, or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continuing violation is punishable as a separate offense for each day during which it occurs.

 


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      Sec. 44. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license must indicate in the application submitted to the Director whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license may not be renewed by the Director if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Director pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 45. NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and section 44 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in those sections.

      Sec. 46. NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and section 44 of this act, or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      Sec. 47. NRS 555.470 is hereby amended to read as follows:

      555.470  1.  The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive [.] , and section 44 of this act. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      2.  The Director may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive [.], and section 44 of this act.

 


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      Sec. 48. Chapter 576 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license to act as a broker, dealer, commission merchant or agent must indicate in the application submitted to the Department whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license to act as a broker, dealer, commission merchant or agent may not be renewed by the Department if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Department pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 49. Chapter 581 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate of registration pursuant to NRS 581.103 must indicate in the application submitted to the State Sealer of Weights and Measures whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate of registration may not be renewed by the State Sealer of Weights and Measures if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Sealer of Weights and Measures pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 50. Chapter 582 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a public weighmaster must indicate in the application submitted to the State Sealer of Weights and Measures whether the applicant has a state business license.

 


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ê2013 Statutes of Nevada, Page 2740 (Chapter 462, SB 21)ê

 

indicate in the application submitted to the State Sealer of Weights and Measures whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a public weighmaster may not be renewed by the State Sealer of Weights and Measures if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Sealer of Weights and Measures pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 51. Chapter 584 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a milk tester’s license must indicate in the application submitted to the Commission whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A milk tester’s license may not be renewed by the Commission if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Commission pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 52. NRS 584.285 is hereby amended to read as follows:

      584.285  Any person violating any provision of NRS 584.215 to 584.285, inclusive, and section 51 of this act, shall be guilty of a misdemeanor.

      Sec. 53. Chapter 587 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license to inspect or classify agricultural products must indicate in the application submitted to the State Quarantine Officer whether the applicant has a state business license.

 


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ê2013 Statutes of Nevada, Page 2741 (Chapter 462, SB 21)ê

 

products must indicate in the application submitted to the State Quarantine Officer whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license to inspect or classify agricultural products may not be renewed by the State Quarantine Officer if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Quarantine Officer pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 54. NRS 587.290 is hereby amended to read as follows:

      587.290  As used in NRS 587.290 to 587.450, inclusive, and section 53 of this act, unless the context otherwise requires, “agricultural products” includes horticultural, viticultural, dairy, bee and farm products.

      Sec. 55. NRS 587.440 is hereby amended to read as follows:

      587.440  Any employee or agent employed under NRS 587.290 to 587.450, inclusive, and section 53 of this act, or any inspector licensed thereunder, who shall knowingly inspect, grade or classify improperly any agricultural product or shall knowingly give any incorrect certificate of grade, classification, quality or condition or shall accept money or other consideration directly or indirectly for any incorrect or improper performance of duty, and any person who shall improperly influence or attempt to improperly influence any such agent, employee or licensed inspector in the performance of his or her duty, shall be guilty of a misdemeanor.

      Sec. 56. Chapter 599B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of registration as a seller must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A registration as a seller may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

 


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ê2013 Statutes of Nevada, Page 2742 (Chapter 462, SB 21)ê

 

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 57. Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 58 to 61, inclusive, of this act.

      Sec. 58. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license in an occupation must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license in an occupation may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 59. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification as a crane operator pursuant to NRS 618.880 must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certification as a crane operator issued pursuant to NRS 618.880 may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

 

 


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ê2013 Statutes of Nevada, Page 2743 (Chapter 462, SB 21)ê

 

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 60. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification as a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees pursuant to NRS 618.890 must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification as a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees issued pursuant to NRS 618.890 may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 61. 1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a photovoltaic installer must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license as a photovoltaic installer may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

 


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      Sec. 62. NRS 618.750 is hereby amended to read as follows:

      618.750  As used in NRS 618.750 to 618.850, inclusive, and section 58 of this act, unless the context otherwise requires:

      1.  “Asbestos” means asbestiform varieties of:

      (a) Chrysotile (serpentine);

      (b) Crocidolite (riebeckite);

      (c) Amosite (cummingtonite-grunerite);

      (d) Anthophyllite;

      (e) Tremolite; or

      (f) Actinolite.

      2.  “Control of asbestos” means:

      (a) The encapsulation, enclosure or removal of asbestos or material containing asbestos from a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;

      (b) The abatement of the danger posed to human beings by the presence of asbestos or material containing asbestos in a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;

      (c) The repair, renovation or demolition of a building or structure containing asbestos or materials containing asbestos; or

      (d) Any activity connected with that encapsulation, enclosure, removal, abatement, repair, renovation or demolition.

      3.  “Occupation” means a specific discipline involved in a project for the control of asbestos, including those tasks performed respectively by an inspector, management planner, consultant, project designer, contractor, supervisor or worker engaged in the control of asbestos.

      4.  “Worker” means any person actually engaged in work directly related to asbestos on a project for the control of asbestos who is not required to be licensed in any other occupation.

      Sec. 63. NRS 618.755 is hereby amended to read as follows:

      618.755  NRS 618.750 to 618.850, inclusive, and section 58 of this act, does not apply to:

      1.  The control of asbestos by a person in his or her own residence.

      2.  A person employed by a public utility which supplies electricity when performing emergency activities which include, but are not limited to:

      (a) The removal of insulation containing asbestos on pipes;

      (b) The removal of small quantities of insulation containing asbestos on beams or above ceilings;

      (c) The replacement of a gasket containing asbestos on a valve;

      (d) The installation or removal of a small section of drywall; and

      (e) The installation of electrical conduits running through or proximate to materials containing asbestos,

Ê if the person is trained by and works under the direction of a person who is capable of identifying existing hazards in a workplace which are related to asbestos, tremolite, anthophyllite or actinolite, and is authorized to take prompt corrective measures to eliminate them as set forth in 29 C.F.R. § 1926.32(f) on June 28, 1989.

      Sec. 64. NRS 618.835 is hereby amended to read as follows:

      618.835  1.  If the Division finds that a person, other than a worker, has violated any of the provisions of NRS 618.780, 618.790, 618.820 or 618.825, or the standards or regulations adopted pursuant to NRS 618.750 to 618.850, inclusive, and section 58 of this act, it may:

 


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ê2013 Statutes of Nevada, Page 2745 (Chapter 462, SB 21)ê

 

      (a) Upon the first violation, impose upon the person an administrative fine of not more than $15,000.

      (b) Upon the second and subsequent violations:

             (1) Impose upon the person an administrative fine of not more than $25,000; and

             (2) If the person is licensed pursuant to NRS 618.795, revoke his or her license and require the person to fulfill certain training or educational requirements to have the license reinstated.

Ê Any penalty imposed pursuant to this section does not relieve the person from criminal prosecution for engaging in the control of asbestos without a license, nor from the imposition of a penalty pursuant to NRS 445B.640.

      2.  If the license of a contractor for projects for the control of asbestos is revoked pursuant to this section and the owner of a building or structure upon which the contractor is engaged in a project employs another licensed contractor to complete the project, the original contractor may not bring an action against the owner of the building or structure for breach of contract or damages based on the employment of another contractor.

      Sec. 65. NRS 618.910 is hereby amended to read as follows:

      618.910  As used in NRS 618.910 to 618.936, inclusive, and section 61 of this act, unless the context otherwise requires, the words and terms defined in NRS 618.912, 618.914 and 618.916 have the meanings ascribed to them in those sections.

      Sec. 66. NRS 618.930 is hereby amended to read as follows:

      618.930  1.  In addition to any other remedy or penalty, if the Division finds that a person has violated any provision of NRS 618.910 to 618.936, inclusive, and section 61 of this act, or the standards or regulations adopted pursuant thereto, the Division may:

      (a) Upon the first violation, impose upon the person an administrative fine of not more than $1,500.

      (b) Upon the second violation or a subsequent violation:

             (1) Impose upon the person an administrative fine of not more than $2,500; and

             (2) If the person is licensed pursuant to NRS 618.910 to 618.936, inclusive, and section 61 of this act, suspend or revoke the person’s license and require the person to fulfill certain training or educational requirements to have the license reinstated.

      2.  Any penalty imposed pursuant to subsection 1 does not relieve the person from criminal prosecution for acting as a photovoltaic installer without a license.

      3.  If the license of a photovoltaic installer is suspended or revoked pursuant to subsection 1 and the owner of a building or structure who has contracted with the photovoltaic installer for a photovoltaic system project contracts with another licensed photovoltaic installer to complete the project, the original photovoltaic installer may not bring an action against the owner of the building or structure for breach of contract or damages based on the contract with the other licensed photovoltaic installer.

      Sec. 67. Chapter 622 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other requirements set forth in this title, an applicant for the renewal of a license shall indicate in the application submitted to the regulatory body whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

 


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ê2013 Statutes of Nevada, Page 2746 (Chapter 462, SB 21)ê

 

include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A regulatory body may not renew a license if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the regulatory body pursuant to subsection 5 of section 4 of this act that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 68.  Each state officer and employee who is required to receive his or her salary and wages by direct deposit pursuant to section 8.5 of this act and who, on July 1, 2013, is not having his or her salary and wages paid by direct deposit shall, not later than September 30, 2013:

      1.  Furnish to the Division of Human Resource Management of the Department of Administration such information as may be required to pay the salary and wages of the state officer or employee by way of direct deposit; or

      2.  Apply to the State Controller for a waiver as described in subsection 3 of section 8.5 of this act.

      Sec. 69.  1.  This section and sections 1, 2, 3, 5, 6, 7, 8 to 9.3, inclusive, 16.5 and 68 of this act become effective on July 1, 2013.

      2.  Sections 4, 7.1 to 7.9, inclusive, 13 to 16, inclusive, and 17 to 67, inclusive, of this act become effective:

      (a) On July 1, 2013, for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On January 1, 2014, for all other purposes.

      3.  Section 29 of this act expires by limitation on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for certification as a detoxification technician pursuant to NRS 641C.500 becomes effective.

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ê2013 Statutes of Nevada, Page 2747ê

 

CHAPTER 463, SB 56

Senate Bill No. 56–Committee on Government Affairs

 

CHAPTER 463

 

[Approved: June 10, 2013]

 

AN ACT relating to state financial administration; revising provisions governing certain data made available on the Internet by the State Controller; making various changes relating to certain funds and accounts; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the State Controller to make available to the public on the State Controller’s Internet website certain financial data relating to expenditures and revenues of this State during the current biennium and the immediately preceding biennium. (NRS 227.295) Section 1 of this bill instead requires that such information be made available for the current fiscal year and the immediately preceding fiscal year.

      Sections 2-32 of this bill revise the designation of various funds and accounts and clarify that any money remaining in certain funds and accounts at the end of a fiscal year does not revert to the State General Fund. Sections 3 and 5 redesignate the Catalyst Fund and the Knowledge Fund as the Catalyst Account and Knowledge Account, respectively, and require that certain interest and income earned on unexpended appropriations made from the State General Fund to the Catalyst Account and Knowledge Account remain in the respective Accounts. Sections 3 and 5 additionally clarify that, in addition to any other money remaining in the Accounts, any portion of such unexpended appropriations that remains in the Accounts at the end of a fiscal year does not revert to the State General Fund.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 227.295 is hereby amended to read as follows:

      227.295  In addition to any record required to be open to inspection pursuant to NRS 227.290 or 239.010, the State Controller shall, on an Internet website established and maintained by him or her, make available for public inspection current data maintained in the records of the State Controller concerning the expenditures and revenues of this State, including, without limitation:

      1.  A table displaying all revenues received during each month from:

      (a) Fees;

      (b) Fines;

      (c) Interest;

      (d) Licensing revenue;

      (e) Taxes; and

 

 

 

 

 

 

 


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      (f) Transfers from the Federal Government;

      2.  A table displaying all expenditures made each month for:

      (a) Education;

      (b) Government, including, without limitation, the operation of the courts of this State;

      (c) Health and social services;

      (d) Law enforcement;

      (e) Programs for housing, industrial insurance and unemployment insurance;

      (f) Public safety;

      (g) Recreation and resource development;

      (h) The regulation of businesses; and

      (i) Transportation;

      3.  For each category of expenditures specified in subsection 2, a graph displaying cumulative expenditures by month for the current [biennium] fiscal year and the immediately preceding [biennium;] fiscal year; and

      4.  For each source of revenue totaling more than $100,000,000 as set forth in the legislatively approved budget for a [biennium:] fiscal year:

      (a) The total amount projected in that budget to be received during that [biennium;] fiscal year; and

      (b) A graph displaying the cumulative revenue by month for that [biennium] fiscal year and the immediately preceding [biennium.] fiscal year.

      Sec. 2. NRS 231.005 is hereby amended to read as follows:

      231.005  “Development resource” means any funding or other resource for economic development, including, without limitation, a structured lease of real property. The term does not include any funding for administrative or operating purposes or any grant, loan or allocation of money from the Catalyst [Fund] Account created by NRS 231.1573 or the Knowledge [Fund] Account created by NRS 231.1592.

      Sec. 3. NRS 231.1573 is hereby amended to read as follows:

      231.1573  1.  The Catalyst [Fund] Account is hereby created [as a special revenue fund] in the State [Treasury.] General Fund.

      2.  [The Catalyst Fund is a continuing fund without reversion.] The interest and income earned on [money] :

      (a) Money in the Catalyst [Fund,] Account, after deducting any applicable charges [,] ; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Catalyst [Fund.] Account.

      3.  All payments of principal and interest on any loan made with money from the Catalyst [Fund] Account must be deposited in the [State Treasury for credit to the Fund.] Account.

      4.  Any money in the Catalyst Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Catalyst Account must be carried forward to the next fiscal year.

 

 


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      5.  The Executive Director shall administer the Catalyst [Fund] Account and may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Catalyst [Fund.] Account.

      Sec. 4. NRS 231.1577 is hereby amended to read as follows:

      231.1577  1.  The Executive Director shall, after considering the advice and recommendations of the Board, establish procedures for applying to the Office for a development resource or a grant or loan of money from the Catalyst [Fund] Account created by NRS 231.1573. The procedures must:

      (a) Include, without limitation, a requirement that applications for development resources, grants or loans must set forth:

             (1) The proposed use of the development resource, grant or loan;

             (2) The plans, projects and programs for which the development resource, grant or loan will be used;

             (3) The expected benefits of the development resource, grant or loan; and

             (4) A statement of the short-term and long-term impacts of the use of the development resource, grant or loan; and

      (b) Allow an applicant to revise his or her application upon the recommendation of the Executive Director.

      2.  In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this subsection:

      (a) A regional development authority which is a local government or composed solely of two or more local governmental entities; or

      (b) A private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments,

Ê may apply for a grant or loan of money from the Catalyst [Fund.] Account. If a private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments applies for a grant or loan of money from the Catalyst [Fund,] Account, the regional development authority which is a local government or composed solely of two or more local governments must be the entity which submits the application and receives and distributes the grant or loan.

      3.  In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this subsection, a regional development authority may apply for a development resource. A private nonprofit regional development authority applying for a development resource which is a grant or loan of money must apply in partnership with a regional development authority which is a local government or composed solely of two or more local governments. Any development resource which is a grant or loan of money must be received and distributed by the regional development authority which is a local government or composed solely of two or more local governments.

 

 

 

 

 

 

 


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      4.  Upon receipt of an application pursuant to subsection 2 or 3, the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and provide a development resource or make a grant or loan of money from the Catalyst [Fund] Account to the applicant.

      5.  Except as otherwise provided in this subsection or another specific statute, each development resource or grant or loan of money from the Catalyst [Fund] Account which the Office provides to a regional development authority must be used to provide development resources, grants or loans to or to make investments in, businesses seeking to create or expand in this State or relocate to this State. The Executive Director may provide a development resource or a grant or loan of money to a regional development authority to be used for administrative or operating purposes, but no money from the Catalyst [Fund] Account may be used by any organization for economic development for such purposes.

      6.  After considering the advice and recommendations of the Board, the Executive Director shall:

      (a) Require each regional development authority to which the Executive Director proposes to provide a development resource or a grant or loan of money from the Catalyst [Fund] Account to enter into an agreement with the Executive Director that sets forth terms and conditions of the development resource, grant or loan, which must include, without limitation, a provision requiring the regional development authority to enter into a separate agreement with each business to which the regional development authority provides any portion of the development resource, grant or loan which requires the business to return the development resource, grant or loan to the Office if it is not used in accordance with the agreement between the regional development authority and the Executive Director.

      (b) Establish the requirements for reports from regional development authorities concerning the use of development resources and grants and loans of money from the Catalyst [Fund.] Account. The requirements must include, without limitation, a requirement that the recipient of a grant or loan of money include in such a report:

             (1) A description of each activity undertaken with money from the grant or loan and the amount of money used for each such activity;

             (2) The return on the money provided by the grant or loan;

             (3) A statement of the benefit to the public from the grant or loan; and

             (4) Such documentation as the Executive Director deems appropriate to support the information provided in the report.

      7.  On or before November 1, 2012, and on or before November 1 of every year thereafter, the Executive Director shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for

 


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transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:

      (a) The amount of grants and loans awarded from the Catalyst [Fund;] Account;

      (b) The amount of all grants, gifts and donations to the Catalyst [Fund] Account from public and private sources;

      (c) The number of businesses which have been created or expanded in this State, or which have relocated to this State, because of grants and loans from the Catalyst [Fund;] Account; and

      (d) The number of jobs which have been created or saved because of grants and loans from the Catalyst [Fund.] Account.

      Sec. 5. NRS 231.1592 is hereby amended to read as follows:

      231.1592  1.  The Knowledge [Fund] Account is hereby created in the State [Treasury.] General Fund.

      2.  [The Knowledge Fund is a continuing fund without reversion.] The interest and income earned on [money] :

      (a) Money in the Knowledge [Fund,] Account, after deducting any applicable charges [,] ; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Knowledge [Fund.] Account.

      3.  Any money in the Knowledge Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Knowledge Account must be carried forward to the next fiscal year.

      4.  The Executive Director:

      (a) Shall administer the Knowledge [Fund] Account in a manner that is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

      (b) May apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Knowledge [Fund;] Account; and

      (c) Subject to any restrictions imposed by such a grant, gift, donation or appropriation, may allocate money in the Knowledge [Fund] Account among the research universities, the Desert Research Institute, the technology outreach program established pursuant to NRS 231.1596 and the technology transfer offices of the research universities and the Desert Research Institute to support commercialization and technology transfer to the private sector.

      Sec. 6. NRS 231.1593 is hereby amended to read as follows:

      231.1593  1.  The Executive Director may enter into agreements, when the Executive Director deems such an agreement to be appropriate, with the research universities and the Desert Research Institute for the allocation of commercialization revenue between the Office, the research universities and the Desert Research Institute. Any commercialization revenue received by the Office pursuant to such an agreement must be deposited in the Knowledge [Fund] Account created by NRS 231.1592.

      2.  In consideration of the money and services provided or agreed to be provided by the Office, the research universities and the Desert Research Institute shall agree to allocate commercialization revenue in accordance with any agreement entered into pursuant to subsection 1.

 


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Institute shall agree to allocate commercialization revenue in accordance with any agreement entered into pursuant to subsection 1.

      3.  As used in this section, “commercialization revenue” means dividends, realized capital gains, license fees, royalty fees and other revenues received by a research university or the Desert Research Institute as a result of commercial applications developed as a result of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, less:

      (a) The portion of those revenues allocated to the inventor; and

      (b) Expenditures incurred by the research university or the Desert Research Institute to legally protect the intellectual property.

      Sec. 7. NRS 231.1594 is hereby amended to read as follows:

      231.1594  1.  After considering the advice and recommendations of the Board, the Executive Director shall establish procedures for applying for an allocation of money from the Knowledge [Fund] Account created by NRS 231.1592. The procedures must include, without limitation, a requirement that applications for allocations of money set forth:

      (a) The proposed use of the money;

      (b) The plans, projects and programs for which the money will be used;

      (c) The expected benefits of the money; and

      (d) A statement of the short-term and long-term impacts of the use of the money.

      2.  In accordance with the procedures established pursuant to subsection 1, a research university or the Desert Research Institute may apply for an allocation of money from the Knowledge [Fund.] Account. Upon receipt of an application for an allocation from the Knowledge [Fund,] Account, the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and make an allocation of money from the Knowledge [Fund] Account to the applicant.

      3.  If a research university or the Desert Research Institute receives an allocation of money from the Knowledge [Fund,] Account, the money must be used for the purposes set forth in NRS 231.1597.

      4.  In making allocations of money from the Knowledge [Fund] Account created pursuant to NRS 231.1592, the Executive Director must consider:

      (a) The extent to which an allocation will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (b) Whether the research universities and the Desert Research Institute have received an equitable share of the allocations of money from the Knowledge [Fund.] Account.

      Sec. 8. NRS 231.1595 is hereby amended to read as follows:

      231.1595  1.  In consultation with the Board and the Chancellor, the Executive Director shall:

 


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      (a) Establish, for the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, economic development goals which are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 and the strategic plans of the research universities and the Desert Research Institute.

      (b) In cooperation with the administration of the research universities and the Desert Research Institute, expand science and technology research at the research universities and the Desert Research Institute.

      (c) Enhance technology transfer and commercialization of research and technologies developed at the research universities and the Desert Research Institute to create high-quality jobs and new industries in this State.

      (d) Establish economic development objectives for the programs established pursuant to NRS 231.1591 to 231.1597, inclusive.

      (e) Verify that the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, are being enhanced by research grants and that such programs are meeting the Board’s economic development objectives.

      (f) Monitor all research plans that are part of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, at the research universities and the Desert Research Institute to determine that allocations from the Knowledge [Fund] Account created by NRS 231.1592 are being spent in accordance with legislative intent and to maximize the benefit and return to this State.

      (g) Develop methods and incentives to encourage investment in and contributions to the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, from the private sector.

      (h) Establish requirements for periodic reports from the research universities and the Desert Research Institute concerning the use of allocations from the Knowledge [Fund] Account pursuant to NRS 231.1597. The requirements must include, without limitation, a requirement that the recipient of the allocation include in such a report:

             (1) A description of each activity undertaken with money from the allocation and the amount of money used for each such activity; and

             (2) Such documentation as the Executive Director deems appropriate to support the information provided in the report.

      (i) On or before November 1, 2012, and on or before November 1 of every year thereafter, submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:

             (1) The number of research teams and faculty recruited, hired and retained pursuant to NRS 231.1597 and the amount of funding provided to those research teams;

             (2) A description of the research being conducted by the research teams and faculty for which the Executive Director has provided funding pursuant to NRS 231.1597;

             (3) The number of patents which have been filed as a result of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive;

 

 


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             (4) The amount of research grants awarded to the research teams and faculty recruited, hired and retained pursuant to NRS 231.1597;

             (5) The amount of all grants, gifts and donations to the Knowledge [Fund] Account from public and private sources;

             (6) The number of businesses which have been created or expanded in this State, or relocated to this State, because of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive; and

             (7) The number of jobs which have been created or saved as a result of the activities of the Office.

      2.  The Executive Director may enter into any agreements necessary to obtain private equity investment in the programs established pursuant to NRS 231.1591 to 231.1597, inclusive.

      Sec. 9. NRS 231.1596 is hereby amended to read as follows:

      231.1596  1.  The Executive Director shall use money in the Knowledge [Fund] Account created by NRS 231.1592 to establish a technology outreach program at locations distributed strategically throughout this State.

      2.  The Executive Director shall ensure that the technology outreach program acts as a resource to:

      (a) Broker ideas, new technologies and services to entrepreneurs and businesses throughout a defined service area;

      (b) Engage local entrepreneurs and faculty and staff at state colleges and community colleges by connecting them to the research universities and the Desert Research Institute;

      (c) Assist professors and researchers in finding entrepreneurs and investors for the commercialization of their ideas and technologies;

      (d) Connect market ideas and technologies in new or existing businesses or industries or in state colleges and community colleges with the expertise of the research universities and the Desert Research Institute;

      (e) Assist businesses, the research universities, state colleges, community colleges and the Desert Research Institute in developing commercial applications for their research; and

      (f) Disseminate and share discoveries and technologies emanating from the research universities and the Desert Research Institute to local entrepreneurs, businesses, state colleges and community colleges.

      3.  In designing and operating the technology outreach program, the Board shall work cooperatively with the technology transfer offices at the research universities and the Desert Research Institute.

      Sec. 10. NRS 231.1597 is hereby amended to read as follows:

      231.1597  In consultation with the Board and the Chancellor, the Executive Director shall allocate money in the Knowledge [Fund] Account created by NRS 231.1592 to the research universities and the Desert Research Institute to provide funding for:

      1.  The recruitment, hiring and retention of research teams and faculty to conduct research in science and technology which has the potential to contribute to economic development in this State;

      2.  Research laboratories and related equipment located or to be located in this State;

      3.  The construction of research clinics, institutes and facilities and related buildings located or to be located in this State; and

 


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      4.  Matching funds for federal and private sector grants and contract opportunities that support economic development consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      Sec. 11. NRS 388.1325 is hereby amended to read as follows:

      388.1325  1.  The Bullying Prevention [Fund] Account is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants from any source for deposit into the [Fund.] Account. The interest and income earned on the money in the [Fund] Account must be credited to the [Fund.] Account.

      2.  In accordance with the regulations adopted by the State Board pursuant to NRS 388.1327, a school district that applies for and receives a grant of money from the Bullying Prevention [Fund] Account shall use the money for one or more of the following purposes:

      (a) The establishment of programs to create a school environment that is free from bullying, cyber-bullying, harassment and intimidation;

      (b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive; or

      (c) The development and implementation of procedures by which the public schools of the school district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive.

      Sec. 12. NRS 388.1327 is hereby amended to read as follows:

      388.1327  The State Board shall adopt regulations:

      1.  Establishing the process whereby school districts may apply to the State Board for a grant of money from the Bullying Prevention [Fund] Account pursuant to NRS 388.1325.

      2.  As are necessary to carry out the provisions of NRS 388.121 to 388.139, inclusive.

      Sec. 13. NRS 407.065 is hereby amended to read as follows:

      407.065  1.  The Administrator, subject to the approval of the Director:

      (a) Except as otherwise provided in this paragraph, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

      (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

      (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

      (d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this State to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted.

 


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entering, camping and boating in all state parks and recreational areas in this State to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

      (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

      (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

      (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

      (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the [Fund] Account for State Park Interpretative and Educational Programs and Operation of Concessions [.] created by NRS 407.0755.

      2.  The Administrator:

      (a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

      (b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

      3.  An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

      4.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

 


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      Sec. 14. NRS 407.0755 is hereby amended to read as follows:

      407.0755  1.  The [Fund] Account for State Park Interpretative and Educational Programs and Operation of Concessions is hereby created [as an enterprise fund] in the State General Fund for the use of the Division to receive all revenues derived from sales of concessions and vending machines operated within state parks and other special revenue generating activities.

      2.  [Money in the Fund must be invested as the money in other state funds is invested.] The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

      3.  In addition to any expenditure required by subsection 4, the cost of any goods and services used for the sale of concessions and the coordination of special revenue generating activities must be expended from the [Fund.] Account.

      4.  Money deposited in the [Fund] Account must be expended:

      (a) By the Administrator, upon approval by the Director, for special interpretative or educational programs and special park projects that enhance the interpretative and educational mission of the Division; or

      (b) For any other purpose authorized by the Legislature or by the Interim Finance Committee if the Legislature is not in session.

      5.  Any [balance] money remaining in the [Fund does not revert to the State General Fund] Account at the end of [any] a fiscal year [.] does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 15. NRS 422.3785 is hereby amended to read as follows:

      422.3785  1.  There is hereby created in the State [Treasury the] General Fund the Account to Increase the Quality of Nursing Care, to be administered by the Division.

      2.  [The Fund to Increase the Quality of Nursing Care must be a separate and continuing fund, and no money in the Fund reverts to the State General Fund at any time.] The interest and income on the money in the [Fund,] Account to Increase the Quality of Nursing Care, after deducting any applicable charges, must be credited to the [Fund.] Account.

      3.  Any money received by the Division pursuant to NRS 422.3755 to 422.379, inclusive, must be deposited in the [State Treasury for credit to the Fund] Account to Increase the Quality of Nursing Care, and must be expended, to the extent authorized by federal law, to obtain federal financial participation in the Medicaid Program, and in the manner set forth in subsection 4.

      4.  Expenditures from the [Fund] Account to Increase the Quality of Nursing Care must be used only:

      (a) To increase the rates paid to nursing facilities for providing services pursuant to the Medicaid Program; and

      (b) To administer the provisions of NRS 422.3755 to 422.379, inclusive. The amount expended pursuant to this paragraph must not exceed 1 percent of the money received from the fees assessed pursuant to NRS 422.3755 to 422.379, inclusive, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.

 

 


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      5.  Any money remaining in the Account to Increase the Quality of Nursing Care at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  If federal law or regulation prohibits the money in the [Fund] Account to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed to the rates provided for by the Division.

      Sec. 16. NRS 432.017 is hereby amended to read as follows:

      432.017  1.  The Account to Assist Persons Formerly in Foster Care is hereby [established] created in the [Department of Health and Human Services’ Gift] State General Fund.

      2.  The Account must be administered by the Administrator.

      3.  The money in the Account must be used to assist persons who attained the age of 18 years while children in foster care in this State to make the transition from foster care to economic self-sufficiency, and may, consistent with that purpose, be:

      (a) Disbursed on behalf of such persons, on the basis of need, to obtain goods and services, including, without limitation:

             (1) Job training;

             (2) Housing assistance; and

             (3) Medical insurance;

      (b) Granted to nonprofit community organizations; or

      (c) Expended to provide matching money required as a condition of any federal grant.

      4.  A request for the disbursement of money from the Account pursuant to paragraph (a) of subsection 3 must be made to the Division in writing. The request must include information to demonstrate that all other resources for money to pay for the goods and services have been exhausted.

      5.  The Division shall adopt such regulations as necessary for the administration of this section.

      6.  [Money] Any money remaining in the Account at the end of [any] a fiscal year [remains in the Account and] does not revert to [any other fund.] the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 17. NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the Department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  Except as otherwise provided in subsection 3:

      (a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

      (b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.

      (c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.

 


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      3.  The fees specified in subsection 2 do not apply:

      (a) Unless the person registering the cars presents to the Department at the time of registration the registrations of all the cars registered to the person.

      (b) To cars that are part of a fleet.

      4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the State [Highway] General Fund for credit to the Account for the Program for the Education of Motorcycle Riders [.] created by NRS 486.372.

      5.  For each transfer of registration, a fee of $6 in addition to any other fees.

      6.  Except as otherwise provided in subsection 7 of NRS 485.317, to reinstate the registration of a motor vehicle that is suspended pursuant to that section:

      (a) A fee as specified in NRS 482.557 for a registered owner who failed to have insurance on the date specified by the Department, which fee is in addition to any fine or penalty imposed pursuant to NRS 482.557; or

      (b) A fee of $50 for a registered owner of a dormant vehicle who cancelled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

Ê both of which must be deposited in the Account for Verification of Insurance which is hereby created in the State Highway Fund. The money in the Account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

      7.  For every travel trailer, a fee for registration of $27.

      8.  For every permit for the operation of a golf cart, an annual fee of $10.

      9.  For every low-speed vehicle, as that term is defined in NRS 484B.637, a fee for registration of $33.

      10.  To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451, a fee of $33.

      Sec. 18. NRS 486.372 is hereby amended to read as follows:

      486.372  1.  The Director shall:

      (a) Establish the Program [.] for the Education of Motorcycle Riders.

      (b) Appoint an Administrator to carry out the Program.

      (c) Consult regularly with the Advisory [Committee for] Board on Motorcycle Safety concerning the content and implementation of the Program.

      (d) Approve courses of instruction provided by public or private organizations which comply with the requirements established for the Program.

      (e) Adopt rules and regulations which are necessary to carry out the Program.

      2.  The Director may contract for the provision of services necessary for the Program.

      3.  The Account for the Program for the Education of Motorcycle Riders is hereby created in the State General Fund. The Director shall administer the Account.

 


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      4.  The money in the Account for the Program for the Education of Motorcycle Riders may be used:

      (a) To pay the expenses of the Program, including reimbursement to instructors licensed pursuant to NRS 486.375 for services provided for the Program; or

      (b) For any other purpose authorized by the Legislature.

      [4.]5.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      6.  Any money remaining in the Account for the Program for the Education of Motorcycle Riders at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 19. NRS 490.067 is hereby amended to read as follows:

      490.067  1.  The Commission on Off-Highway Vehicles is hereby created.

      2.  The Commission consists of 11 members as follows:

      (a) One member who is an authorized dealer, appointed by the Governor;

      (b) One member who is a sportsman, appointed by the Governor from a list of persons submitted by the Director of the Department of Wildlife;

      (c) One member who is a rancher, appointed by the Governor from a list of persons submitted by the Director of the State Department of Agriculture;

      (d) One member who is a representative of the Nevada Association of Counties, appointed by the Governor from a list of persons submitted by the Executive Director of the Association;

      (e) One member who is a representative of law enforcement, appointed by the Governor from a list of persons submitted by the Nevada Sheriffs’ and Chiefs’ Association;

      (f) One member, appointed by the Governor from a list of persons submitted by the Director of the State Department of Conservation and Natural Resources, who:

             (1) Possesses a degree in soil science, rangeland ecosystems science or a related field;

             (2) Has at least 5 years of experience working in one of the fields described in subparagraph (1); and

             (3) Is knowledgeable about the ecosystems of the Great Basin Region of central Nevada or the Mojave Desert;

      (g) One member, appointed by the Governor, who is a representative of an organization that represents persons who use off-highway vehicles to access areas to participate in recreational activities that do not primarily involve off-highway vehicles; and

      (h) Four members, appointed by the Governor, who reside in the State of Nevada and have participated in recreational activities for off-highway vehicles for at least 5 years using the type of off-highway vehicle owned or operated by the persons they will represent, as follows:

             (1) One member who represents persons who own or operate all-terrain vehicles;

             (2) One member who represents persons who own or operate all-terrain motorcycles;

             (3) One member who represents persons who own or operate snowmobiles; and

             (4) One member who represents persons who own or operate, and participate in the racing of, off-highway motorcycles.

 


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      3.  The Governor shall not appoint to the Commission any member described in paragraph (h) of subsection 2 unless the member has been recommended to the Governor by an off-highway vehicle organization. As used in this subsection, “off-highway vehicle organization” means a profit or nonprofit corporation, association or organization formed pursuant to the laws of this State and which promotes off-highway vehicle recreation or racing.

      4.  After the initial terms, each member of the Commission serves for a term of 3 years. A vacancy on the Commission must be filled in the same manner as the original appointment.

      5.  Except as otherwise provided in this subsection, a member of the Commission may not serve more than two consecutive terms on the Commission. A member who has served two consecutive terms on the Commission may be reappointed if the Governor does not receive any applications for that member’s seat or if the Governor determines that no qualified applicants are available to fill that member’s seat.

      6.  The Governor shall ensure that, insofar as practicable, the members appointed to the Commission reflect the geographical diversity of this State.

      7.  Each member of the Commission:

      (a) Is entitled to receive, if money is available for that purpose from the fees collected pursuant to NRS 490.084, the per diem allowance and travel expenses provided for state officers and employees generally.

      (b) Shall swear or affirm that he or she will work to create and promote responsible off-highway vehicle recreation in the State. The Governor may remove a member from the Commission if the member violates the oath described in this paragraph.

      8.  The Commission may employ an Executive Secretary, who must not be a member of the Commission, to assist in its daily operations and in administering the [Fund.] Account for Off-Highway Vehicles created by NRS 490.069.

      9.  The Commission may adopt regulations for the operation of the Commission. Upon request by the Commission, the nonvoting advisers solicited by the Commission pursuant to NRS 490.068 may provide assistance to the Commission in adopting those regulations.

      Sec. 20. NRS 490.068 is hereby amended to read as follows:

      490.068  1.  The Commission shall:

      (a) Elect a Chair, Vice Chair, Secretary and Treasurer from among its members.

      (b) Meet at the call of the Chair.

      (c) Meet at least four times each year.

      (d) Solicit nine nonvoting advisers to the Commission to serve for terms of 2 years as follows:

             (1) One adviser from the Bureau of Land Management.

             (2) One adviser from the United States Forest Service.

             (3) One adviser who is:

                   (I) From the Natural Resources Conservation Service of the United States Department of Agriculture; or

                   (II) A teacher, instructor or professor at an institution of the Nevada System of Higher Education and who provides instruction in environmental science or a related field.

             (4) One adviser from the State Department of Conservation and Natural Resources.

 


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             (5) One adviser from the Department of Wildlife.

             (6) One adviser from the Department of Motor Vehicles.

             (7) One adviser from the Commission on Tourism.

             (8) One adviser from the Nevada Indian Commission.

             (9) One adviser from the United States Fish and Wildlife Service.

      2.  The Commission may award a grant of money from the [Fund.] Account for Off-Highway Vehicles created by NRS 490.069. Any such grant must comply with the requirements set forth in NRS 490.069. The Commission shall:

      (a) Adopt regulations setting forth who may apply for a grant of money from the [Fund] Account for Off-Highway Vehicles and the manner in which such a person may submit the application to the Commission. The regulations adopted pursuant to this paragraph must include, without limitation, requirements that:

             (1) Any person requesting a grant provide proof satisfactory to the Commission that the appropriate federal, state or local governmental agency has been consulted regarding the nature of the project to be funded by the grant and regarding the area affected by the project;

             (2) The application for the grant address all applicable laws and regulations, including, without limitation, those concerning:

                   (I) Threatened and endangered species in the area affected by the project;

                   (II) Ecological, cultural and archaeological sites in the area affected by the project; and

                   (III) Existing land use authorizations and prohibitions, land use plans, special designations and local ordinances for the area affected by the project; and

             (3) Any compliance information provided by an appropriate federal, state or local governmental agency, and any information or advice provided by any agency, group or individual be submitted with the application for the grant.

      (b) Adopt regulations for awarding grants from the [Fund.] Account.

      (c) Adopt regulations for determining the acceptable performance of work on a project for which a grant is awarded.

      (d) Approve the completion of, and payment of money for, work performed on a project for which a grant is awarded, if the Commission determines the work is acceptable.

      (e) Monitor the accounting activities of the [Fund.] Account.

      3.  The nonvoting advisers solicited by the Commission pursuant to paragraph (d) of subsection 1 shall assist the Commission in carrying out the duties set forth in this section and shall review for completeness and for compliance with the requirements of paragraph (a) of subsection 2 all applications for grants.

      4.  For each regular session of the Legislature, the Commission shall prepare a comprehensive report, including, without limitation, a summary of any grants that the Commission awarded and of the accounting activities of the [Fund,] Account, and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

 


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      Sec. 21. NRS 490.069 is hereby amended to read as follows:

      490.069  1.  The [Fund] Account for Off-Highway Vehicles is hereby created in the State [Treasury] General Fund as a revolving [fund.] account. The Commission shall administer the [Fund.] Account. Any money remaining in the [Fund] Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the [Fund] Account must be carried forward [.] to the next fiscal year.

      2.  During the period beginning on July 1, 2012, and ending on June 30, 2013, money in the [Fund] Account may only be used by the Commission for the reasonable administrative costs of the Commission and to inform the public of the requirements of this chapter.

      3.  On or after July 1, 2013, money in the [Fund] Account may only be used by the Commission as follows:

      (a) Not more than 5 percent of the money that is in the [Fund] Account as of January 1 of each year may be used for the reasonable administrative costs of the [Fund.] Account.

      (b) Except as otherwise provided in subsection 4, 20 percent of any money in the [Fund] Account as of January 1 of each year that is not used pursuant to paragraph (a) must be used for law enforcement, as recommended by the Office of Criminal Justice Assistance of the Department of Public Safety, or its successor, and any remaining portion of that money may be used as follows:

             (1) Sixty percent of the money may be used for projects relating to:

                   (I) Studies or planning for trails and facilities for use by owners and operators of off-highway vehicles. Money received pursuant to this sub-subparagraph may be used to prepare environmental assessments and environmental impact studies that are required pursuant to 42 U.S.C. §§ 4321 et seq.

                   (II) The mapping and signing of those trails and facilities.

                   (III) The acquisition of land for those trails and facilities.

                   (IV) The enhancement and maintenance of those trails and facilities.

                   (V) The construction of those trails and facilities.

                   (VI) The restoration of areas that have been damaged by the use of off-highway vehicles.

             (2) Fifteen percent of the money may be used for safety training and education relating to off-highway vehicles.

      4.  If money is used for the projects described in paragraph (b) of subsection 3, not more than 30 percent of such money may be allocated to any one category of projects described in subparagraph (1) of that paragraph.

      Sec. 22. NRS 490.070 is hereby amended to read as follows:

      490.070  1.  Upon the request of an off-highway vehicle dealer, the Department may authorize the off-highway vehicle dealer to receive and submit to the Department applications for the:

      (a) Issuance of certificates of title and registration for off-highway vehicles; and

      (b) Renewal of registration for off-highway vehicles.

      2.  An authorized dealer shall:

      (a) Except as otherwise provided in paragraph (b) and subsection 4, submit to the State Treasurer for allocation to the Department or to the [Fund] Account for Off-Highway Vehicles created by NRS 490.069 all fees collected by the authorized dealer from each applicant and properly account for those fees each month;

 


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ê2013 Statutes of Nevada, Page 2764 (Chapter 463, SB 56)ê

 

collected by the authorized dealer from each applicant and properly account for those fees each month;

      (b) Submit to the State Treasurer for deposit into the [Fund] Account for Off-Highway Vehicles all fees charged and collected and required to be deposited in the [Fund] Account pursuant to NRS 490.084;

      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is required to receive and submit to the Department the applications described in subsection 1, including any computer software or hardware.

      3.  Except as otherwise provided in subsection 4, an authorized dealer is not entitled to receive compensation for the performance of any services pursuant to this section.

      4.  An authorized dealer may charge and collect a fee of not more than $2 for each application for a certificate of title or registration received by the authorized dealer pursuant to this section. An authorized dealer may retain any fee collected by the authorized dealer pursuant to this subsection.

      5.  The Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, provisions for:

      (a) The expedient and secure issuance of:

             (1) Forms for applying for the issuance of certificates of title for, or registration of, off-highway vehicles;

             (2) Certificates of title and registration by the Department to each applicant whose application is approved by the Department; and

             (3) Renewal notices for registrations before the date of expiration of the registrations;

      (b) The renewal of registrations by mail or the Internet;

      (c) The collection of a fee of not less than $20 or more than $30 for the renewal of a registration of an off-highway vehicle;

      (d) The submission by mail or electronic transmission to the Department of an application for:

             (1) The issuance of a certificate of title for, or registration of, an off-highway vehicle; or

             (2) The renewal of registration of an off-highway vehicle;

      (e) The replacement of a lost, damaged or destroyed certificate of title or registration certificate, sticker or decal; and

      (f) The revocation of the authorization granted to a dealer pursuant to subsection 1 if the authorized dealer fails to comply with the regulations.

      Sec. 23. NRS 490.084 is hereby amended to read as follows:

      490.084  1.  The Department shall determine the fee for issuing a certificate of title for an off-highway vehicle, but such fee must not exceed the fee imposed for issuing a certificate of title pursuant to NRS 482.429. Money received from the payment of the fees described in this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      2.  The Commission shall determine the fee for the annual registration of an off-highway vehicle, but such fee must not be less than $20 or more than $30. Money received from the payment of the fees described in this subsection must be distributed as follows:

      (a) During the period beginning on July 1, 2012, and ending on June 30, 2013:

 


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             (1) Eighty-five percent must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

             (2) To the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 15 percent must be deposited into the [Fund.] Account for Off-Highway Vehicles created by NRS 490.069.

      (b) On or after July 1, 2013:

             (1) Fifteen percent must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

             (2) To the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 85 percent must be deposited into the [Fund.] Account for Off-Highway Vehicles.

      Sec. 24. NRS 490.085 is hereby amended to read as follows:

      490.085  1.  The Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration is hereby created [as a special account] in the [Motor Vehicle] State Highway Fund.

      2.  The Department shall use the money in the Account to pay the expenses of administering the provisions of this chapter relating to the titling and registration of off-highway vehicles.

      3.  Money in the Account must be used only for the purposes specified in subsection 2.

      4.  Any money remaining in the Account at the end of [the] a fiscal year does not revert to the State [General] Highway Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 25. NRS 490.086 is hereby amended to read as follows:

      490.086  1.  The Revolving Account for the Assistance of the Department is hereby created [as a special account] in the [Motor Vehicle] State Highway Fund.

      2.  All money received by the Department from the Federal Government or any other source to assist the Department in carrying out the provisions of this chapter relating to the titling and registration of off-highway vehicles must be deposited into the Account.

      3.  Money in the Account must be used only for the purposes specified in subsection 2.

      4.  Any money remaining in the Account at the end of [the] a fiscal year does not revert to the State [General] Highway Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 26. NRS 501.356 is hereby amended to read as follows:

      501.356  1.  Money received by the Department from:

      (a) The sale of licenses;

      (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

      (c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;

      (d) Appropriations made by the Legislature; and

      (e) All other sources, including, without limitation, the Federal Government, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575, the Wildlife Trust Fund pursuant to NRS 501.3585, the Energy Planning and Conservation [Fund] Account created by NRS 701.630 or the [Fund] Account for the Recovery of Costs created by NRS 701.640,

 


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created by NRS 701.630 or the [Fund] Account for the Recovery of Costs created by NRS 701.640,

Ê must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund.

      2.  The interest and income earned on the money in the Wildlife Fund Account, after deducting any applicable charges, must be credited to the Account.

      3.  Except as otherwise provided in subsection 4 and NRS 503.597, the Department may use money in the Wildlife Fund Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

      4.  Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Fund Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and must be used:

      (a) Only for the management of wildlife; and

      (b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

      Sec. 27. NRS 701.630 is hereby amended to read as follows:

      701.630  1.  The Energy Planning and Conservation [Fund] Account is hereby created in the State [Treasury as a special revenue fund.] General Fund.

      2.  The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the [Fund.] Account. Any money so received must be deposited in the [State Treasury for credit to the Fund.] Account.

      3.  [The Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested.] The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

      4.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  The Director of the Department of Wildlife shall administer the [Fund.] Account. The money in the [Fund] Account must be used in accordance with the State Wildlife Action Plan and used by the Department:

      (a) To conduct surveys of wildlife;

      (b) To map locations of wildlife and wildlife habitat in this State;

      (c) To pay for conservation projects for wildlife and its habitat;

      (d) To match any federal money for a project or program for the conservation of any species of wildlife which is of critical concern; and

      (e) To coordinate carrying out the provisions of this subsection in cooperation with the Office of Energy.

      [5.]6.  The Department of Wildlife shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, the criteria for projects for which the Department may use money from the [Fund.] Account.

 


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ê2013 Statutes of Nevada, Page 2767 (Chapter 463, SB 56)ê

 

      [6.]7.  As used in this section, “State Wildlife Action Plan” means a statewide plan prepared by the Department of Wildlife and approved by the United States Fish and Wildlife Service which sets forth provisions for the conservation of wildlife and wildlife habitat, including, without limitation, provisions for assisting in the prevention of any species of wildlife from becoming threatened or endangered.

      Sec. 28. NRS 701.640 is hereby amended to read as follows:

      701.640  1.  The [Fund] Account for the Recovery of Costs is hereby created in the State [Treasury as a special revenue fund.] General Fund.

      2.  All money collected by the Department of Wildlife in accordance with regulations adopted pursuant to NRS 701.610 must be deposited in the [State Treasury for credit to the Fund.] Account.

      3.  [The Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested.

      4.]  The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

      [5.]4.  The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the [Fund.] Account. Any money so received must be deposited in the [State Treasury for credit to the Fund.] Account. If the Director of the Department of Wildlife receives any matching federal money which is credited to the [Fund] Account pursuant to this subsection, the amount of money credited may be transferred to the Energy Planning and Conservation [Fund] Account created by NRS 701.630.

      [6.]5. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  The Director of the Department of Wildlife shall administer the [Fund.] Account. The money in the [Fund] Account must be used by the Department of Wildlife solely:

      (a) To provide to the Federal Government, the Public Utilities Commission of Nevada or any person any information relating to wildlife or wildlife habitat based on the location of an energy development project; or

      (b) To match any federal money for a project or program for the conservation of any species of wildlife.

      Sec. 29. NRS 701A.385 is hereby amended to read as follows:

      701A.385  Notwithstanding any statutory provision to the contrary, if the Director approves an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, of:

      1.  Property taxes imposed pursuant to chapter 361 of NRS, the amount of all the property taxes which are collected from the facility for the period of the abatement must be allocated and distributed in such a manner that:

      (a) Forty-five percent of that amount is deposited in the Renewable Energy [Fund] Account created by NRS 701A.450; and

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2768 (Chapter 463, SB 56)ê

 

      (b) Fifty-five percent of that amount is distributed to the local governmental entities that would otherwise be entitled to receive those taxes in proportion to the relative amount of those taxes those entities would otherwise be entitled to receive.

      2.  Local sales and use taxes, the State Controller shall allocate, transfer and remit an amount equal to all the sales and use taxes imposed in this State and collected from the facility for the period of the abatement in the same manner as if that amount consisted solely of the proceeds of taxes imposed by NRS 374.110 and 374.190.

      Sec. 30. NRS 701A.450 is hereby amended to read as follows:

      701A.450  1.  The Renewable Energy [Fund] Account is hereby created [.] in the State General Fund.

      2.  The Director of the Office of Energy appointed pursuant to NRS 701.150 shall administer the [Fund.] Account.

      3.  The interest and income earned on the money in the [Fund] Account must be credited to the [Fund.] Account.

      4.  Not less than 75 percent of the money in the [Fund] Account must be used to offset the cost of electricity to retail customers of a public utility that is subject to the portfolio standard established by the Public Utilities Commission of Nevada pursuant to NRS 704.7821.

      5.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  The Director of the Office of Energy may establish other uses of the money in the [Fund] Account by regulation.

      Sec. 31. NRS 490.035 is hereby repealed.

      Sec. 32.  1.  This act becomes effective upon passage and approval.

      2.  Sections 29 and 30 of this act expire by limitation on June 30, 2049.

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ê2013 Statutes of Nevada, Page 2769ê

 

CHAPTER 464, SB 328

Senate Bill No. 328–Senators Settelmeyer; Goicoechea and Gustavson

 

Joint Sponsors: Assemblymen Grady, Hickey and Kirkpatrick

 

CHAPTER 464

 

[Approved: June 10, 2013]

 

AN ACT relating to education; requiring the Executive Officer of the State Board for Career and Technical Education to appoint a person to oversee programs of career and technical education; setting forth limitations on the use of state money for leadership and training activities relating to programs of career and technical education; setting forth the methods by which the state money must be distributed to programs of and pupil organizations for career and technical education; making various other changes relating to programs of career and technical education; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes the State Board for Career and Technical Education to oversee programs of career and technical education in the public schools of this State. (NRS 388.330-388.370) Existing law also requires the board of trustees of each school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties), and authorizes the board of trustees of any other school district, to establish and maintain a program of career and technical education to provide instruction in subjects approved by the Board. (NRS 388.380) This bill specifies the manner in which certain federal and state money may be allocated and for what purposes the money may be used.

      Section 3 of this bill provides that not more than 7.5 percent of any state money appropriated for use in a fiscal year may be used by the Board to provide leadership and training activities. Section 3 also provides that, before the allocation of any state money to provide leadership and training activities: (1) 30 percent of the state money must be distributed through the grant process set forth in section 4 of this bill; and (2) 5 percent of the state money must be distributed to pupil organizations for career and technical education through the grant process set forth in section 4.5 of this bill. The remainder of the state money must be distributed through the grant process set forth in section 5 of this bill.

      Section 3 requires the Board to request that each industry sector council established pursuant to NRS 232.935 name one representative to make recommendations to the Executive Officer of the Board on the awarding of grants through the process set forth in section 4.

      Section 7 of this bill provides that any state money that is not distributed pursuant to sections 3-5 does not revert to the State General Fund.

      Section 2 of this bill requires the Executive Officer to appoint a person to oversee programs of career and technical education.

      Section 8 of this bill requires the program professional designated by the Board to evaluate the effectiveness of the programs of career and technical education that received a grant and report that information to the Board.

 


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ê2013 Statutes of Nevada, Page 2770 (Chapter 464, SB 328)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. The Executive Officer of the State Board for Career and Technical Education shall appoint a person to oversee programs of career and technical education.

      Sec. 3. 1.  Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board for Career and Technical Education shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.

      2.  Before allocating state money, if any, to provide leadership and training activities, the State Board for Career and Technical Education shall:

      (a) Distribute 30 percent of the state money in the manner set forth in section 4 of this act; and

      (b) Distribute 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in section 4.5 of this act.

      3.  After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities, the State Board for Career and Technical Education shall distribute the remainder of state money in the manner set forth in section 5 of this act.

      4.  The State Board for Career and Technical Education shall request that each industry sector council established pursuant to subsection 2 of NRS 232.935 name one representative to provide recommendations to the Executive Officer of the State Board for Career and Technical Education on the awarding of grants pursuant to section 4 of this act.

      5.  As used in this section, “leadership and training activities” means:

      (a) Activities by or for pupil organizations for career and technical education;

      (b) Training activities for teachers of classes or programs of career and technical education;

      (c) Activities at or for a conference of teachers of classes or programs of career and technical education;

      (d) Promotion and marketing of classes or programs of career and technical education; and

      (e) The development of standards and assessments of career and technical education for the purposes of leadership and training.

      Sec. 4. 1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board for Career and Technical Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of section 3 of this act, by submitting an application to the person appointed pursuant to section 2 of this act.

      2.  Upon receipt of an application for a grant, the person shall forward the application to each representative of an industry sector council named pursuant to subsection 4 of section 3 of this act to review the application.

 


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ê2013 Statutes of Nevada, Page 2771 (Chapter 464, SB 328)ê

 

      3.  The Executive Officer of the State Board for Career and Technical Education shall review the recommendations of the representatives of the industry sector councils and award grants for the purposes of developing new programs of career and technical education or expanding existing programs of career and technical education. The awarding of grants must be based on the following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.

      Sec. 4.5. 1.  A pupil organization for career and technical education may apply to the State Board for Career and Technical Education for a grant to support the activities of the organization, to be paid for with the money distributed pursuant to paragraph (b) of subsection 2 of section 3 of this act.

      2.  The State Board for Career and Technical Education shall review all applications submitted pursuant to subsection 1 and award grants to pupil organizations on a fair and equitable basis.

      Sec. 5. 1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board for Career and Technical Education for a grant for a program of career and technical education, to be paid for from the remainder of state money described in subsection 3 of section 3 of this act.

      2.  The State Board for Career and Technical Education shall review all applications submitted pursuant to subsection 1 and award grants based on the following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.

      3.  The proportion of the total amount awarded pursuant to subsection 2 to a school district or charter school during a fiscal year must not exceed the proportion of the duplicated enrollment of pupils in programs of career and technical education in the school district or charter school during the previous fiscal year, as compared to the duplicated enrollments of pupils in programs of career and technical education throughout the State during the previous fiscal year.

 


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ê2013 Statutes of Nevada, Page 2772 (Chapter 464, SB 328)ê

 

programs of career and technical education throughout the State during the previous fiscal year. For the purposes of determining the duplicated enrollment of pupils in a program of career and technical education, each pupil must be counted once for each program of career and technical education in which he or she is enrolled.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. Any state money that is not distributed or allocated pursuant to sections 3 to 5, inclusive of this act by the end of the fiscal year does not revert to the State General Fund and must be carried forward for distribution in the following fiscal year.

      Sec. 8. For each grant of money awarded pursuant to section 4, 4.5 or 5 of this act, the State Board for Career and Technical Education shall designate a program professional to:

      1.  Evaluate the manner in which the money was expended and the effectiveness of the program for career and technical education for which the money was granted; and

      2.  Report the results of the review to the State Board for Career and Technical Education.

      Sec. 9. NRS 388.340 is hereby amended to read as follows:

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

      2.  The Executive Officer shall:

      (a) [Employ] Except as otherwise provided in section 2 of this act, employ personnel for such positions as are approved by the State Board for Career and Technical Education and necessary to carry out properly the provisions of this title relating to career and technical education.

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

      (c) Maintain an office for the Board.

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

      Sec. 10. NRS 388.390 is hereby amended to read as follows:

      388.390  If the board of trustees of a school district or the governing body of a charter school organizes a program of career and technical education in accordance with the regulations adopted by the State Board for Career and Technical Education and the program has been approved by the Executive Officer of the Board, the school district or the charter school is entitled to share in federal and state money available for the promotion of career and technical education in the amount determined by the Executive Officer of the Board, in accordance with this section and sections 2 to 8, inclusive, of this act, and the regulations and policies of the Board.

      Sec. 11. NRS 388.400 is hereby amended to read as follows:

      388.400  1.  The money for career and technical education must be provided for and raised in the manner specified in NRS 387.050 and 388.330 to 388.400, inclusive [.] , and sections 2 to 8, inclusive, of this act.

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

      Sec. 12.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2773ê

 

CHAPTER 465, SB 389

Senate Bill No. 389–Senator Segerblom

 

CHAPTER 465

 

[Approved: June 10, 2013]

 

AN ACT relating to real property; authorizing the owner of a single-family dwelling to request the servicer of a mortgage or deed of trust to produce certified copies of certain loan-related documents under certain circumstances; authorizing the owner to report noncompliance to certain state regulatory bodies; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law regulates loans secured by mortgages or deeds of trust on real property and imposes certain requirements on lenders and servicers concerning those mortgages or deeds of trust. (Chapters 106 and 107 of NRS) Existing law also authorizes the Division of Mortgage Lending and the Division of Financial Institutions of the Department of Business and Industry to license and regulate certain lenders and servicers. (Chapters 645B, 645E and 645F of NRS, titles 55 and 56 of NRS)

      This bill amends the respective statutory chapters governing mortgages and deeds of trust to provide that under certain circumstances, the owner of a single-family dwelling that is subject to a mortgage or deed of trust may submit a written request to the servicer of the mortgage or deed of trust for a certified copy of the note, the mortgage or deed of trust and each assignment of the mortgage or deed of trust. Not later than 10 days after receipt of such a request, the servicer must provide to the owner of the single-family dwelling the identity, address and any other contact information of the current owner or assignee of the note and the mortgage or deed of trust. If the servicer does not provide the requested documents within 30 days after receipt of the request, or if those documents indicate that the mortgagee or beneficiary of the deed of trust does not have a recorded interest in or lien on the single-family dwelling, the owner may report the servicer and the mortgagee or beneficiary of the deed of trust to the Division of Mortgage Lending or the Division of Financial Institutions, whichever is appropriate, which may take whatever actions it deems necessary and proper, including enforcing any applicable laws or regulations or adopting any additional regulations.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 106 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A mortgagor may submit a written request to the servicer of the mortgage for a certified copy of the note, the mortgage and all assignments of the note and mortgage if:

      (a) The real property subject to the mortgage is a single-family dwelling;

      (b) The mortgagor is the owner of record of the real property;

      (c) The mortgagor currently occupies the real property as his or her principal residence; and

 


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ê2013 Statutes of Nevada, Page 2774 (Chapter 465, SB 389)ê

 

      (d) The servicer or mortgagee is a banking or financial institution or any other business entity that is licensed, registered or otherwise authorized to do business in this State.

      2.  Not more than 10 days after receipt of a written request pursuant to subsection 1, the servicer of the mortgage shall provide to the mortgagor the identity, address and any other contact information of the current owner or assignee of the note and mortgage.

      3.  If the servicer of the mortgage does not provide a certified copy of each document requested pursuant to subsection 1 within 30 days after receipt of the request, or if the documents provided by the servicer indicate that the mortgagee does not have a recorded interest in or lien on the real property which is subject to the mortgage:

      (a) The mortgagor may report the servicer and the mortgagee to the Division of Mortgage Lending or the Division of Financial Institutions of the Department of Business and Industry, whichever is appropriate; and

      (b) The appropriate division may take whatever actions it deems necessary and proper, including, without limitation, enforcing any applicable laws or regulations or adopting any additional regulations.

      4.  As used in this section, “banking or financial institution” means any bank, savings and loan association, savings bank, thrift company, credit union or other financial institution that is licensed, registered or otherwise authorized to do business in this State.

      Sec. 2. Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A grantor of a deed of trust may submit a written request to the servicer of the deed of trust for a certified copy of the note, the deed of trust and all assignments of the note and deed of trust if:

      (a) The real property subject to the deed of trust is a single-family dwelling;

      (b) The grantor is the owner of record of the real property;

      (c) The grantor currently occupies the real property as his or her principal residence; and

      (d) The servicer or beneficiary of the deed of trust is a banking or financial institution or any other business entity that is licensed, registered or otherwise authorized to do business in this State.

      2.  Not more than 10 days after receipt of a written request pursuant to subsection 1, the servicer of the deed of trust shall provide to the grantor the identity, address and any other contact information of the current owner or assignee of the note and deed of trust.

      3.  If the servicer of the deed of trust does not provide a certified copy of each document requested pursuant to subsection 1 within 30 days after receipt of the request, or if the documents provided by the servicer indicate that the beneficiary of the deed of trust does not have a recorded interest in or lien on the real property which is subject to the deed of trust:

      (a) The grantor of the deed of trust may report the servicer and the beneficiary of the deed of trust to the Division of Mortgage Lending or the Division of Financial Institutions of the Department of Business and Industry, whichever is appropriate; and

      (b) The appropriate division may take whatever actions it deems necessary and proper, including, without limitation, enforcing any applicable laws or regulations or adopting any additional regulations.

 


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ê2013 Statutes of Nevada, Page 2775 (Chapter 465, SB 389)ê

 

      4.  As used in this section, “banking or financial institution” has the meaning ascribed to it in section 1 of this act.

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

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CHAPTER 466, SB 390

Senate Bill No. 390–Senators Segerblom; and Jones

 

Joint Sponsors: Assemblymen Bobzien and Daly

 

CHAPTER 466

 

[Approved: June 10, 2013]

 

AN ACT relating to natural resources; requiring the Division of Minerals of the Commission on Mineral Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources, jointly, to develop a hydraulic fracturing program for the State of Nevada; requiring the adoption of regulations to implement the program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires persons desiring to drill a well in search of oil or gas to obtain a permit from the Division of Minerals of the Commission on Mineral Resources. (NRS 522.050) Section 1 of this bill requires the Division of Minerals, jointly, with the Division of Environmental Protection of the State Department of Conservation and Natural Resources, to develop a program concerning hydraulic fracturing to: (1) assess the effects of hydraulic fracturing on the waters of the State of Nevada; (2) require a person who engages in hydraulic fracturing to disclose each chemical used to engage in hydraulic fracturing; and (3) provide for notice to members of the general public concerning activities relating to hydraulic fracturing in this state. Section 1 also requires the Commission on Mineral Resources, in consultation with the Division of Environmental Protection, to adopt regulations to implement the program.

      Section 10 of this bill requires the program to be developed by July 1, 2014, and the regulations to implement the program to be adopted by January 1, 2015.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 522 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division of Minerals and the Division of Environmental Protection shall, jointly, develop a hydraulic fracturing program to:

      (a) Assess the effects of hydraulic fracturing on the waters of the State of Nevada;

      (b) Require a person who engages in hydraulic fracturing to disclose each chemical used to engage in hydraulic fracturing; and

      (c) Provide for notice to members of the general public concerning activities relating to hydraulic fracturing in this state.

 


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ê2013 Statutes of Nevada, Page 2776 (Chapter 466, SB 390)ê

 

      2.  The Commission on Mineral Resources shall adopt regulations to implement the hydraulic fracturing program required by subsection 1.

      3.  As used in this section:

      (a) “Division of Environmental Protection” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (b) “Hydraulic fracturing” means the process of pumping a fluid into or under the surface of the ground to create fractures in the rock to facilitate the production or recovery of oil or gas.

      Secs. 2-6. (Deleted by amendment.)

      Sec. 7. NRS 522.040 is hereby amended to read as follows:

      522.040  Except as otherwise provided in section 1 of this act:

      1.  The Division has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this chapter.

      2.  The Division shall make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it.

      3.  The Division shall adopt regulations, make orders and take other appropriate action to effectuate the purposes of this chapter.

      4.  The Division may:

      (a) Require:

             (1) Identification or ownership of wells, producing leases, tanks, plants and drilling structures.

             (2) The making and filing of reports, well logs and directional surveys. Logs of exploratory or “wildcat” wells marked “confidential” must be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release those logs at an earlier date.

             (3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.

             (4) The furnishing of a reasonable bond with good and sufficient surety conditioned for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.

             (5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.

             (6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.

             (7) That every person who produces oil or gas in this State keep and maintain for a period of 5 years within this State complete and accurate record of the quantities thereof, which must be available for examination by the Division or its agents at all reasonable times.

      (b) Regulate, for conservation purposes:

             (1) The drilling, producing and plugging of wells.

             (2) The shooting and chemical treatment of wells.

             (3) The spacing of wells.

             (4) The disposal of salt water, nonpotable water and oil field wastes.

             (5) The contamination or waste of underground water.

      (c) Classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.

      Secs. 8 and 9. (Deleted by amendment.)

 


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ê2013 Statutes of Nevada, Page 2777 (Chapter 466, SB 390)ê

 

      Sec. 10.  1.  This act becomes effective upon passage and approval.

      2.  The Division of Minerals of the Commission on Mineral Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources shall develop the program required by section 1 of this act on or before July 1, 2014.

      3.  The Commission on Minerals shall adopt the regulations to implement the program required by section 1 of this act on or before January 1, 2015.

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CHAPTER 467, SB 395

Senate Bill No. 395–Senator Segerblom

 

CHAPTER 467

 

[Approved: June 10, 2013]

 

AN ACT relating to criminal procedure; requiring the Advisory Commission on the Administration of Justice to identify and study certain information concerning the collateral consequences of a conviction; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 4 of this bill requires the Advisory Commission on the Administration of Justice to identify and study the provisions of existing law which impose or authorize a collateral consequence of conviction and any provisions of existing law allowing relief from those collateral consequences.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 4. NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

      1.  Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

 


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ê2013 Statutes of Nevada, Page 2778 (Chapter 467, SB 395)ê

 

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

      (a) Policies relating to parole;

      (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

      (c) Policies for the operation of the Department of Corrections;

      (d) Budgetary issues; and

      (e) Other related matters.

      5.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

      6.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

      7.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

      (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

      (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

      8.  Compile and develop statistical information concerning sentencing in this State.

 


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ê2013 Statutes of Nevada, Page 2779 (Chapter 467, SB 395)ê

 

      9.  Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:

      (a) State Board of Pardons Commissioners to consider an application for clemency; and

      (b) State Board of Parole Commissioners to consider an offender for parole.

      10.  Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

      11.  Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.

      12.  Identify and study the impacts and effects of collateral consequences of convictions in this State. Such identification and study:

      (a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;

      (b) May rely on the study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177; and

      (c) Must include the posting of a hyperlink on the Commission’s website to any study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177.

      13.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

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ê2013 Statutes of Nevada, Page 2780ê

 

CHAPTER 468, SB 406

Senate Bill No. 406–Senators Smith, Denis, Woodhouse, Parks; and Atkinson

 

Joint Sponsors: Assemblymen Kirkpatrick, Sprinkle; and Dondero Loop

 

CHAPTER 468

 

[Approved: June 10, 2013]

 

AN ACT relating to tourism improvement districts; prohibiting, with limited exceptions, the pledge of the proceeds of certain taxes to finance a project within a tourism improvement district created or revised on or after July 1, 2013; eliminating the prohibition on certain local governments creating a tourism improvement district that includes any property within the boundaries of a redevelopment area; revising provisions relating to certain reports prepared by the Department of Taxation; prohibiting, with limited exceptions, the financing or reimbursement from the proceeds of certain taxes that are collected from any retail facilities of a retailer that, on or after July 1, 2013, locate within the boundary of a tourism improvement district; making various other changes relating to tourism improvement districts; providing that prevailing wage requirements apply to certain contracts and agreements relating to tourism improvement districts; revising the duties of a contractor or developer who enters into a subcontract for the construction, improvement, repair, demolition or reconstruction of certain projects; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of any city or county to create a tourism improvement district (TID) and to pledge revenue from several sales and use taxes imposed in that district to finance certain projects within the district. The projects may be owned by the municipality, another governmental entity or any person and may be financed through the issuance of bonds or the entry into agreements for the reimbursement of the costs of the projects. (Chapter 271A of NRS) Section 1 of this bill prohibits, with limited exceptions, a municipality from pledging the proceeds of the Local School Support Tax to finance a project within a TID created or revised on or after July 1, 2013. Sections 1.5, 2.3, 2.7 and 3.5 of this bill make conforming changes.

      Section 1 also eliminates provisions which prohibit a city or county from creating after October 1, 2009, a TID that includes within its boundaries any property included within the boundaries of a redevelopment area. In the case of a TID created after October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area, section 1 prohibits a redevelopment agency and the governing body of a county or city from providing financing or reimbursement pursuant to the financing and reimbursement mechanisms of both a TID and a redevelopment area.

      Existing law requires the Department of Taxation to prepare and submit to the Legislature and a municipality that creates a TID semiannual reports regarding businesses within the TID. (NRS 271A.105) Section 2 of this bill requires the report to provide information separately for each TID within the municipality unless the reporting of information separately for each TID would disclose or result in the disclosure of information about an individual business, in which case section 2 requires the report to provide information in the aggregate. Section 2 also provides that the Department of Taxation is not required to prepare and submit a semiannual report if the report cannot be prepared and submitted in a manner which would not disclose or lead to the disclosure of information about an individual business.

 


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that the Department of Taxation is not required to prepare and submit a semiannual report if the report cannot be prepared and submitted in a manner which would not disclose or lead to the disclosure of information about an individual business.

      Section 3 prohibits any financing or reimbursement from the proceeds of the Local School Support Tax that are collected from retail facilities that, on or after July 1, 2013, locate within the boundary of the TID. Section 3 further provides an exception to this prohibition if the governing body of the municipality, with respect to any district created before July 1, 2013, obtains an opinion from independent bond counsel stating that the applicability of the provision would impair an existing contract for the sale of bonds that were issued before July 1, 2013.

      Section 3 also requires an owner of a project to provide, upon request, to the Department of Taxation information that identifies the retail facilities which open or close within the project.

      Section 3.2 of this bill provides that prevailing wage requirements (chapter 338 of NRS) apply to the construction of, improvement of, repair to, demolition of or reconstruction of an improvement to any building that will be leased to a tenant who has entered into an agreement to receive financing or reimbursement through the financing or reimbursement mechanisms of a TID.

      Section 3.4 of this bill provides that existing duties relating to subcontracts also apply to those contracts or agreements and revises the procedure for the solicitation of bids for such contracts and subcontracts.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 271A.070 is hereby amended to read as follows:

      271A.070  1.  Except as otherwise provided in this section and NRS 271A.080, the governing body of a municipality may:

      (a) Create a tourism improvement district for the purposes of carrying out this chapter and revise the boundaries of the district by adopting an ordinance describing the boundaries of the district and generally describing the types of projects which may be financed within the district pursuant to this chapter.

      (b) Without any election, acquire, improve, equip, operate and maintain a project within a district created pursuant to paragraph (a). The project may be owned by the municipality, another governmental entity, any other person, or any combination thereof.

      (c) For the purposes of carrying out paragraph (b), include in an ordinance adopted pursuant to paragraph (a) the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

             (1) An amount equal to the proceeds of the taxes imposed pursuant to NRS 372.105 and 372.185 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year, after the deduction of a sum equal to 1.75 percent of the amount of those proceeds;

             (2) The amount of the proceeds of the taxes imposed pursuant to NRS 374.110 and 374.190 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year, after the deduction of 0.75 percent of the amount of those proceeds; and

             (3) The amount of the proceeds of the tax imposed pursuant to NRS 377.030 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 1.75 percent of the amount of those proceeds.

 


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used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 1.75 percent of the amount of those proceeds.

      2.  The governing body of a municipality may not include in an ordinance adopted to create or revise the boundaries of a district pursuant to paragraph (a) of subsection 1 on or after July 1, 2013, the pledge of any proceeds described in subparagraph (2) of paragraph (c) of subsection 1. The provisions of this subsection do not apply to the governing body of a municipality with respect to any district created before July 1, 2013, if the governing body obtains an opinion from independent bond counsel stating that the applicability of this provision would impair an existing contract for the sale of bonds which were issued before July 1, 2013.

      3.  A district created pursuant to this section by:

      (a) A city must be located entirely within the boundaries of that city.

      (b) A county must be located entirely within the boundaries of that county and, when the district is created, entirely outside of the boundaries of any city.

      [3.]4.  If any property within the boundaries of a district is also included within the boundaries of any other tourism improvement district or any improvement district for which any money has been pledged pursuant to NRS 271.650, the total amount of money pledged pursuant to this section and NRS 271.650 with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

      [4.  The]

      5.  If the governing body of a municipality [shall not, after October 1, 2009, create] creates a tourism improvement district :

      (a) On or before October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area established pursuant to chapter 279 of NRS, the governing body and agency may provide financing or reimbursement related to a project or redevelopment project pursuant to the provisions of both NRS 271A.120 and 279.610 to 279.685, inclusive.

      (b) After October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area established pursuant to chapter 279 of NRS [.] , the governing body and an agency:

             (1) May provide financing or reimbursement related to a project or redevelopment project pursuant to the provisions of NRS 271A.120 or 279.610 to 279.685, inclusive, whichever is applicable.

             (2) Shall not provide such financing or reimbursement related to the project or redevelopment project pursuant to the provisions of both NRS 271A.120 and 279.610 to 279.685, inclusive.

      6.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 279.386.

      (b) “Redevelopment project” has the meaning ascribed to it in NRS 279.412.

      Sec. 1.5. NRS 271A.080 is hereby amended to read as follows:

      271A.080  The governing body of a municipality shall not adopt an ordinance pursuant to NRS 271A.070 unless:

      1.  If the ordinance:

      (a) Creates a district, the governing body has determined that no retailers will have maintained or will be maintaining a fixed place of business within the district on or within the 120 days immediately preceding the date of the adoption of the ordinance; or

 


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      (b) Amends the boundaries of the district to add any additional area, the governing body has determined that no retailers will have maintained or will be maintaining a fixed place of business within that area on or within 120 days immediately preceding the date of the adoption of the ordinance.

      2.  The governing body has made a written finding at a public hearing that the project will benefit the district.

      3.  The governing body has made a written finding at a public hearing, based upon reports from independent consultants which were addressed to the governing body [,] and to the board of county commissioners, if the governing body is not the board of county commissioners for the county in which the tourism improvement district is or will be located, [and to the board of trustees of the school district in which the tourism improvement district is or will be located,] as to whether the project and the financing thereof pursuant to this chapter will have a positive fiscal effect on the provision of local governmental services, after considering:

      (a) The amount of the proceeds of all taxes and other governmental revenue projected to be received as a result of the properties and businesses expected to be located in the district;

      (b) The use of any money proposed to be pledged pursuant to NRS 271A.070;

      (c) Any increase in costs for the provision of local governmental services, including, without limitation, services for education, including operational and capital costs, and services for police protection and fire protection, as a result of the project and the development of land within the district; and

      (d) Estimates of any increases in the proceeds from sales and use taxes collected by retailers located outside of the district and of any displacement of the proceeds from sales and use taxes collected by those retailers, as a result of the properties and businesses expected to be located in the district.

Ê The reports required from independent consultants pursuant to this subsection must be obtained from independent consultants selected by the governing body from a list of independent consultants provided by the Commission on Tourism. For the purposes of this subsection, the Commission shall, upon the request of a governing body, provide the governing body with a list of at least three qualified independent consultants, each of whom must be located outside of this State.

      4.  [The governing body has, at least 45 days before making the written finding required by subsection 3, provided to the board of trustees of the school district in which the tourism improvement district is or will be located:

      (a) Written notice of the time and place of the meeting at which the governing body will consider making that written finding; and

      (b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the use of any money proposed to be pledged pursuant to NRS 271A.070 on the provision of local governmental services, including education.

Ê After the receipt of the notice required by this subsection and before the date of the meeting at which the governing body will consider making the written finding required by subsection 3, the board of trustees shall conduct a hearing regarding the fiscal effect on the school district, if any, of the project and the use of any money proposed to be pledged pursuant to NRS 271A.070, and may submit to the governing body of the municipality any comments regarding that fiscal effect.

 


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comments regarding that fiscal effect. The governing body shall consider those comments when making any written finding pursuant to subsection 3 and shall consider those comments when considering the terms of any agreement pursuant to NRS 271A.110.

      5.]  If the governing body is not the board of county commissioners for the county in which the tourism improvement district is or will be located, the governing body has, at least 45 days before making the written finding required by subsection 3, provided to the board of county commissioners in the county in which the tourism improvement district is or will be located:

      (a) Written notice of the time and place of the meeting at which the governing body will consider making that written finding; and

      (b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the use of any money proposed to be pledged pursuant to NRS 271A.070 on the provision of local governmental services.

Ê After the receipt of the notice required by this subsection and before the date of the meeting at which the governing body will consider making the written finding required by subsection 3, the board of county commissioners may conduct a hearing regarding the fiscal effect on local governmental services, if any, of the project and the use of any money proposed to be pledged pursuant to NRS 271A.070, and may submit to the governing body of the municipality any comments regarding that fiscal effect. The governing body may consider those comments when making any written finding pursuant to subsection 3 and shall consider those comments when considering the terms of any agreement pursuant to NRS 271A.110.

      [6.]5.  The governing body has determined, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that:

      (a) As a result of the project:

             (1) Retailers will locate their businesses as such in the district; and

             (2) There will be a substantial increase in the proceeds from sales and use taxes remitted by retailers with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district; and

      (b) A preponderance of that increase in the proceeds from sales and use taxes will be attributable to transactions with tourists who are not residents of this State.

      [7.]6.  The Commission on Tourism has determined, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to subsection [6] 5 will be attributable to transactions with tourists who are not residents of this State.

      [8.  The Governor has determined that the project and the use of any money proposed to be pledged pursuant to NRS 271A.070 will contribute significantly to economic development and tourism in this State. Before making that determination, the Governor:

      (a) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to subsection 4 by the school district in which the tourism improvement district is or will be located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide an appropriate fiscal report; and

 


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      (b) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the tourism improvement district is or will be located during the term of the use of any money pledged pursuant to NRS 271A.070. The payments may be provided pursuant to agreements with owners of property within the district authorized by NRS 271A.110 or from sources other than the owners of property within the district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the use of any money pledged pursuant to NRS 271A.070.

      9.]7.  If any property within the boundaries of the district is also included within the boundaries of any other tourism improvement district or any improvement district for which any money has been pledged pursuant to NRS 271.650, all of the governing bodies which created those districts have entered into an interlocal agreement providing for:

      (a) The apportionment of any money pledged pursuant to NRS 271.650 and 271A.070 with respect to such property; and

      (b) The priority of the application of that money between:

             (1) Bonds issued pursuant to chapter 271 of NRS; and

             (2) Bonds and notes issued, and agreements entered into, pursuant to NRS 271A.120.

Ê Any such agreement for the priority of the application of that money may be made irrevocable during the term of any bonds issued pursuant to chapter 271 of NRS to which all or any portion of that money is pledged, or during the term of any bonds or notes issued or any agreements entered into pursuant to NRS 271A.120 to which all or any portion of that money is pledged.

      Sec. 2. NRS 271A.105 is hereby amended to read as follows:

      271A.105  1.  On or before September 1 of each year, the governing body of a municipality that creates a district before, on or after July 1, 2011, shall prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, an annual report containing:

      (a) A statement of the status of each project located or expected to be located in the district, and of any changes in that status since the last annual report.

      (b) An assessment of the financial impact of the district on the provision of local governmental services, including, without limitation, services for police protection and fire protection.

      2.  If the governing body of a municipality creates a district before, on or after July 1, 2011, the Department of Taxation shall:

      (a) On or before April 1 and October 1 of each year, except as otherwise provided in subsection 3, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, and to the governing body of the municipality a semiannual report which states:

             (1) The amount of revenue from the taxable sales made each month by [each business] the businesses within the district;

 


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             (2) To the extent that the pertinent information is available, the portion of that revenue which is attributable to persons who are not residents of this State;

             (3) The amount of the wages paid each month by [each business] the businesses within the district; and

             (4) The number of full-time and part-time employees employed each month by [each business] the businesses within the district.

Ê The report must provide the information separately for each district in the municipality unless reporting the information separately would disclose or result in the disclosure of information about an individual business, in which case the report must provide the information in the aggregate.

      (b) Require each business within the district to report to the Department of Taxation, at such times as the Department may specify on a form provided by the Department, such information as the Department determines to be necessary to carry out the provisions of paragraph (a).

      3.  [Except as otherwise provided in subsection 2 or another specific statute, the] The Department of Taxation [shall not disclose any information reported to the Department pursuant to subsection 2.] is not required to prepare and submit a report pursuant to paragraph (a) of subsection 2 if the report cannot be prepared in a manner which would not disclose or result in the disclosure of information about an individual business.

      4.  As used in this section, “taxable sales” means any sales that are taxable pursuant to chapter 372 of NRS.

      Sec. 2.3. NRS 271A.110 is hereby amended to read as follows:

      271A.110  1.  The governing body of a municipality may, except as otherwise provided in subsection 2, enter into an agreement with one or more of the owners of any interest in property within a district, pursuant to which that owner would agree to make payments to the municipality or to another local government that provides services in the district, or to both, to defray, in whole or in part, the cost of local governmental services during the term of the use of any money pledged pursuant to NRS 271A.070. Such an agreement must specify the amount to be paid by the owner of the property interest, which may be stated as a specified amount per year or as an amount based upon any formula upon which the municipality and owner agree.

      2.  The governing body of a municipality shall not enter into an agreement pursuant to subsection 1 unless [:

      (a) The] the governing body has made a written finding pursuant to subsection 3 of NRS 271A.080 that the project and the use of any money pledged pursuant to NRS 271A.070 will not have a positive fiscal effect on the provision of local governmental services . [; or

      (b) The Governor requires a commitment from the municipality for the provision of specified payments to the school district in which the district is located during the term of the use of any money pledged pursuant to NRS 271A.070.]

      Sec. 2.7.NRS 271A.120 is hereby amended to read as follows:

      271A.120  1.  Except as otherwise provided in this section, if the governing body of a municipality adopts an ordinance pursuant to NRS 271A.070, the municipality may:

      (a) Issue, at one time or from time to time, bonds or notes as special obligations under the Local Government Securities Law to finance or refinance projects for the benefit of the district. Any such bonds or notes may be secured by a pledge of, and be payable from, any money pledged pursuant to NRS 271A.070 and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof.

 


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to NRS 271A.070 and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof.

      (b) Enter into an agreement with one or more governmental entities or other persons to reimburse that entity or person for the cost of acquiring, improving or equipping, or any combination thereof, any project, which may contain such terms as are determined to be desirable by the governing body of the municipality, including the payment of reasonable interest and other financing costs incurred by such entity or other person. Any such reimbursements may be secured by a pledge of, and be payable from, any money pledged pursuant to NRS 271A.070 and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof. Such an agreement is not subject to the limitations of subsection 1 of NRS 354.626 and may, at the option of the governing body, be binding on the municipality beyond the fiscal year in which it was made, only if the agreement pertains solely to one or more projects that are owned by the municipality or another governmental entity.

      2.  The governing body of a municipality shall not, with respect to any district created before, on or after July 1, 2011, provide any financing or reimbursement pursuant to this section:

      (a) Except as otherwise provided in this paragraph, to any governmental entity for any project within the district if any nongovernmental entity is or was entitled to receive any financing or reimbursement from the municipality pursuant to this section under the original financing agreements for the initial projects within the district. This paragraph does not prohibit the provision of such financing or reimbursement to [:

             (1)A school district; or

             (2)A] a governmental entity that is or was entitled to receive such financing or reimbursement under the original financing agreements for the initial projects within the district.

      (b) To any person or other entity for any project within the district, other than a person or other entity that is or was entitled to receive such financing or reimbursement from the municipality under the original financing agreements for the initial projects within the district, without the consent of all the persons and other entities that were entitled to receive such financing or reimbursement under the original financing agreements for the initial projects within the district.

      3.  Before the issuance of any bonds or notes pursuant to this section, the municipality must obtain the results of a feasibility study, commissioned by the municipality, which shows that a sufficient amount will be generated from money pledged pursuant to NRS 271A.070 to make timely payment on the bonds or notes, taking into account the revenue from any other revenue-producing projects also pledged for the payment of the bonds or notes, if any. A failure to make payments of any amounts due:

      (a) With respect to any bonds or notes issued pursuant to subsection 1; or

      (b) Under any agreements entered into pursuant to subsection 1,

Ê because of any insufficiency in the amount of money pledged pursuant to NRS 271A.070 to make those payments shall be deemed not to constitute a default on those bonds, notes or agreements.

      4.  No bond, note or other agreement issued or entered into pursuant to this section may be secured by or payable from the general fund of the municipality, the power of the municipality to levy ad valorem property taxes, or any source other than any money pledged pursuant to NRS 271A.070 and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof.

 


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municipality, the power of the municipality to levy ad valorem property taxes, or any source other than any money pledged pursuant to NRS 271A.070 and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof. No bond, note or other agreement issued or entered into pursuant to this section may ever become a general obligation of the municipality or a charge against its general credit or taxing powers, nor may any such bond, note or other agreement become a debt of the municipality for purposes of any limitation on indebtedness.

      5.  Any bond or note issued pursuant to this section, including any bond or note issued to refund any such bond or note, must mature on or before, and any agreement entered pursuant to this section must automatically terminate on or before, the end of the fiscal year in which the 20th anniversary of the adoption of the ordinance creating the district occurs.

      Sec. 3. NRS 271A.125 is hereby amended to read as follows:

      271A.125  [The]

      1.  The governing body of a municipality:

      [1.](a) Shall require the review of each claim submitted pursuant to any contract or other agreement made with the governing body to provide any financing or reimbursement pursuant to NRS 271A.120, by an independent auditor.

      [2.](b) Shall not [, with] :

             (1) With respect to any district created on or after July 1, 2011, provide any financing or reimbursement pursuant to NRS 271A.120 for:

      [(a)](I) Any legal fees, accounting fees, costs of insurance, fees for legal notices or costs to amend any ordinances.

      [(b)](II) Any project that includes the relocation on or after July 1, 2011, to the district of any retail facilities of a retailer from another location outside of and within 3 miles of the boundary of the district. Each pledge of money pursuant to NRS 271A.070 shall be deemed to exclude any amounts attributable to any tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year by a retailer who, on or after July 1, 2011, relocates any of its retail facilities to the district from another location outside of and within 3 miles of the boundary of the district.

             (2) Provide any financing or reimbursement pursuant to NRS 271A.120 from the proceeds of the taxes described in subparagraph (2) of paragraph (c) of subsection 1 of NRS 271A.070 that are collected from any retail facilities of a retailer which, on or after July 1, 2013, locates within the boundary of a district.

      2.  The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to the governing body of a municipality with respect to any district created before July 1, 2013, if the governing body obtains an opinion from independent bond counsel stating that the applicability of those provisions would impair an existing contract for the sale of bonds that were issued before July 1, 2013.

      3.  The owner of a project shall, upon request, provide to the Department of Taxation information that identifies the retail facilities that open or close within the project.

      Sec. 3.2. NRS 271A.130 is hereby amended to read as follows:

      271A.130  1.  Except as otherwise provided in this section and NRS 271A.140 and notwithstanding any other law to the contrary, any contract or other agreement relating to or providing for the construction, improvement, repair, demolition, reconstruction, other acquisition, equipment, operation or maintenance of any project financed in whole or in part pursuant to this chapter is exempt from any law requiring competitive bidding or otherwise specifying procedures for the award of contracts for construction or other contracts, or specifying procedures for the procurement of goods or services.

 


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repair, demolition, reconstruction, other acquisition, equipment, operation or maintenance of any project financed in whole or in part pursuant to this chapter is exempt from any law requiring competitive bidding or otherwise specifying procedures for the award of contracts for construction or other contracts, or specifying procedures for the procurement of goods or services. The governing body of the municipality shall require a quarterly report on the demography of the workers employed by any contractor or subcontractor for each such project.

      2.  The provisions of subsection 1 do not apply to any project which is constructed or maintained by a governmental entity on any property while the governmental entity owns that property.

      3.  Except as otherwise provided in subsection 4, a person who enters into any contract or other agreement for the construction, improvement, repair, demolition or reconstruction of any project that is paid for in whole or in part:

      (a) From the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection 1 of NRS 271A.120; or

      (b) Pursuant to an agreement for reimbursement entered into pursuant to paragraph (b) of subsection 1 of NRS 271A.120,

Ê shall include in the contract or other agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive. The governing body of the municipality, the contractor who is awarded the contract or enters into the agreement to perform the construction, improvement, repair, demolition or reconstruction, and any subcontractor who performs any portion of the contract or agreement shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body of the municipality had undertaken the project or had awarded the contract.

      4.  The provisions of subsection 3 do not apply to a contract or other agreement for the construction, improvement, repair, demolition or reconstruction of any improvement to a building leased to a tenant that is paid for, in whole or in part, or which benefits from the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection 1 of NRS 271A.120 or pursuant to an agreement for reimbursement entered into pursuant to paragraph (b) of subsection 1 of NRS 271A.120 and which is entered into after completion of the original construction:

      (a) For any subsequent improvement to the building by the original tenant or a subsequent tenant.

      (b) For any improvement to the building by the original tenant which is undertaken more than 60 months after the building is first made available for lease.

      5.  The provisions of NRS 338.013 to 338.090, inclusive, apply to a contract or other agreement for the construction of, improvement of, repair to, demolition of or reconstruction of an improvement to any building that will be leased to a tenant who has entered into an agreement to receive financing or reimbursement pursuant to NRS 271A.120. The owner of the building or proposed building and the contractor who is awarded the contract or enters into the agreement to perform the construction, improvement, repair, demolition or reconstruction shall include in the contract or other agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

 


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the provisions of NRS 338.013 to 338.090, inclusive. The owner of the building or proposed building and the contractor who is awarded the contract or enters into the agreement to perform the construction, improvement, repair, demolition or reconstruction, and any subcontractor who performs any portion of the contract or agreement, shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body of a municipality had undertaken the construction, improvement, repair, demolition or reconstruction or had awarded the contract. The tenant shall ensure that the owner and each contractor and developer to whom the provisions of NRS 271A.140 apply complies with those provisions.

      6.  Except as otherwise provided in subsection 5, the governing body of the municipality shall ensure that each contractor and developer to whom the provisions of NRS 271A.140 apply complies with those provisions.

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

      (a) “Original construction” means any contract or other agreement for the construction, improvement, repair, demolition or reconstruction of a project paid for, in whole or in part, or which benefits:

             (1) From the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection 1 of NRS 271A.120; or

             (2) Pursuant to an agreement for reimbursement entered into pursuant to paragraph (b) of subsection 1 of NRS 271A.120.

      (b) “Original tenant” means the first tenant of any leased property after the property is first made available for lease.

      Sec. 3.4. NRS 271A.140 is hereby amended to read as follows:

      271A.140  1.  Except as otherwise provided in subsection [2,] 4, a contractor or developer who enters into a contract to which the provisions of subsection 3 or 5 of NRS 271A.130 apply shall:

      (a) Advertise for at least 7 calendar days for bids on each subcontract for the performance of any portion of the contract;

      (b) At least 2 business days before the first day of that advertisement, provide notice of that advertisement to the governing body of the municipality;

      (c) Make available to all prospective bidders on the subcontract a written set of plans and specifications for the pertinent work;

      (d) Provide public notice of the name and address of each person who submits a bid on the subcontract; and

      (e) [After] Except as otherwise provided in subsection 2, after closing the period for the solicitation of bids and receiving at least three timely and responsive bids, select any subcontractor from those timely and responsive bids that the contractor or developer, in his or her sole discretion, determines to be appropriate . [, except that the]

      2.  If the contractor or developer does not receive at least three timely and responsive bids during the period for the solicitation of bids, the contractor or developer shall repeat the process set forth in paragraphs (a) to (d), inclusive, of subsection 1. After closing the second period for the solicitation of bids prescribed by this subsection, the contractor or developer shall select any subcontractor from the timely and responsive bids received pursuant to this subsection or subsection 1 that the contractor or developer, in his or her sole discretion, determines to be appropriate, regardless of whether the contractor or developer received at least three timely and responsive bids.

 


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ê2013 Statutes of Nevada, Page 2791 (Chapter 468, SB 406)ê

 

      3.  The contractor or developer shall ensure that each subcontractor who will perform any portion of the contract is appropriately licensed pursuant to chapter 624 of NRS.

      [2.]4.  The provisions of [subsection] subsections 1 , 2 and 3 do not apply to:

      (a) Any contract which is awarded by a municipality; or

      (b) Any project which is constructed or maintained by a governmental entity on any property while the governmental entity owns that property.

      [3.]5.  A governing body of a municipality that receives a notice of an advertisement for bids pursuant to paragraph (b) of subsection 1 [:] or subsection 2:

      (a) Shall, upon such receipt, post notice of the advertisement on an Internet website maintained by the municipality; and

      (b) May otherwise provide notice of the advertisement to local trade organizations and the general public.

      Sec. 3.5. NRS 360.855 is hereby amended to read as follows:

      360.855  1.  The State Controller, acting upon the collection data furnished by the Department, shall remit to the governing body of a municipality that adopts an ordinance pursuant to NRS 271A.070, in the manner provided pursuant to an agreement made pursuant to NRS 271A.100:

      (a) From the State General Fund the amount of money pledged pursuant to the ordinance in accordance with subparagraph (1) of paragraph (c) of subsection 1 of NRS 271A.070, which amount is hereby appropriated for that purpose; and

      (b) From the Sales and Use Tax Account in the State General Fund the amount of the proceeds pledged pursuant to the ordinance in accordance with subparagraphs (2) and (3) of paragraph (c) of subsection 1 of NRS 271A.070.

      2.  Except as otherwise provided in subsection 3, the governing body of a municipality that adopts an ordinance pursuant to NRS 271A.070 shall at the end of each fiscal year remit to the State Controller any amount received pursuant to this section in excess of the amount required to make payments due during that fiscal year of the principal of, interest on, and other payments or security-related costs with respect to, any bonds or notes issued pursuant to NRS 271A.120 and payments due during that fiscal year under any agreements made pursuant to NRS 271A.120. The State Controller shall deposit any money received from a governing body of a municipality pursuant to this subsection in the appropriate account in the State General Fund for distribution and use as if the money had not been pledged by an ordinance adopted pursuant to NRS 271A.070, in the following order of priority:

      (a) First, to the credit of the county school district fund for the county in which the improvement district is located to the extent that the money would have been transferred to that fund, if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph (e) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;

      (b) Second, to the State General Fund to the extent that the money would not have been appropriated, if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph (a) of subsection 1 for the fiscal year in which the State Controller receives the money; and

 


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ê2013 Statutes of Nevada, Page 2792 (Chapter 468, SB 406)ê

 

      (c) Third, to the credit of any other funds and accounts to which the money would have been distributed, if not for the pledge of the money pursuant to that ordinance, for the fiscal year in which the State Controller receives the money.

      3.  The provisions of subsection 2 do not require a governing body to remit to the State Controller any money received pursuant to this section and expended for the purpose of prepaying, defeasing or otherwise retiring all or a portion of any bonds or notes issued pursuant to NRS 271A.120 or of prepaying amounts due under any agreements entered into pursuant to NRS 271A.120, or any combination thereof, with respect to a tourism improvement district if that use of the money has been:

      (a) Authorized by the governing body in the ordinance creating the district pursuant to NRS 271A.070, or in an amendment thereto; and

      (b) Approved by the governing body [,] and the Commission on Tourism [and Governor] in the manner required to satisfy the requirements of subsections 5 and 6 [, 7 and 8] of NRS 271A.080,

Ê and after the provision of notice to and an opportunity to make comments [by the board of trustees of the school district in which the tourism improvement district is located in accordance with subsection 4 of NRS 271A.080 and, if applicable,] by the board of county commissioners of the county in which the tourism improvement district is located in accordance with subsection [5] 4 of NRS 271A.080.

      4.  The Nevada Tax Commission may adopt such regulations as it deems appropriate to ensure the proper collection and distribution of any money pledged by an ordinance adopted pursuant to NRS 271A.070.

      Sec. 4.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2793ê

 

CHAPTER 469, AB 444

Assembly Bill No. 444–Committee on Legislative Operations and Elections

 

CHAPTER 469

 

[Approved: June 10, 2013]

 

AN ACT relating to the death penalty; providing for an audit of the fiscal costs of the death penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill requires the Legislative Auditor to conduct an audit of the fiscal costs of the death penalty in Nevada. The audit must include, without limitation, an examination and analysis of the costs of prosecuting and adjudicating capital cases compared to noncapital cases. The Legislative Auditor is required to present a final written report of the audit to the Audit Subcommittee of the Legislative Commission on or before January 31, 2015.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislative Auditor shall conduct an audit of the fiscal costs associated with the death penalty in this State.

      2.  The audit conducted pursuant to this section must include an examination and analysis concerning the costs of prosecuting and adjudicating capital murder cases as compared to noncapital murder cases, including, without limitation, the costs relating to the death penalty borne by the State of Nevada and by the local governments in this State at each stage of the proceedings in capital murder cases, including, without limitation, pretrial costs, trial costs, appellate and postconviction costs and costs of incarceration such as:

      (a) The costs of legal counsel involved in the prosecution and defense of a capital murder case for all pretrial, trial and postconviction proceedings; and

      (b) Additional procedural costs involved in capital murder cases as compared to noncapital murder cases, including, without limitation, costs relating to:

             (1) The processing of bonds, including costs for investigation by prosecutors, police and other staff;

             (2) The investigation of a case before a person is charged with a crime, including costs for investigation by the prosecution and the defense;

             (3) Pretrial motions;

             (4) Extradition;

             (5) Psychiatric and medical evaluations;

             (6) Expert witnesses;

             (7) Expenses for witnesses other than expert witnesses, including, without limitation, expenses for witnesses during the penalty phase;

             (8) Facilities, including, without limitation, any additional costs to the court, such as costs for increased security;

             (9) Juries;

 


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ê2013 Statutes of Nevada, Page 2794 (Chapter 469, AB 444)ê

 

             (10) Sentencing proceedings;

             (11) Appellate and postconviction proceedings, including motions, writs of certiorari and state and federal petitions for postconviction relief;

             (12) Requests for clemency;

             (13) The incarceration of persons awaiting trial in capital murder cases and persons sentenced to death; and

             (14) The execution of a sentence of death, including costs of facilities and staff.

      3.  The audit must also examine the fiscal costs, including, without limitation, any potential cost savings, of the death penalty on:

      (a) The use of plea bargaining in death eligible cases;

      (b) Strategic litigation choices by the prosecution and the defense; and

      (c) Sentencing.

      4.  The audit must be conducted:

      (a) In the manner set forth in NRS 218G.010 to 218G.450, inclusive, and for the purposes of the audit conducted pursuant to this section, the provisions of those sections are applicable to a local government in the same manner as to an agency of the State.

      (b) In accordance with applicable auditing standards set forth by the United States Government Accountability Office, including standards relating to the professional qualifications of the auditors, the quality of the audit work and the characteristics of professional and meaningful reports.

      5.  In determining the methodologies to be used, the Legislative Auditor shall review and consider audits, reports and data relating to the costs of the death penalty conducted or published by other states and the United States Department of Justice and the Administrative Office of the United States Courts. Methodologies and data to be considered must include, at a minimum, the cost estimation approach, top-down accounting method, retrospective observational design, independent statistical analyses, administrative databases and self-reported data.

      6.  On or before January 31, 2015, the Legislative Auditor shall present a final written report of the audit to the Audit Subcommittee of the Legislative Commission created by NRS 218E.240.

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

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ê2013 Statutes of Nevada, Page 2795ê

 

CHAPTER 470, AB 46

Assembly Bill No. 46–Committee on Taxation

 

CHAPTER 470

 

[Approved: June 11, 2013]

 

AN ACT relating to the funding of capital projects of school districts; authorizing the imposition and providing for the administration of a new sales and use tax and ad valorem tax in certain counties for the capital projects of the school districts in those counties; exempting that ad valorem tax from certain partial tax abatements and the statutory limitation on the total ad valorem tax levy; authorizing those school districts to use the proceeds of those taxes and certain proceeds from the governmental services tax to finance capital projects; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The board of trustees of each school district is required to establish a fund for capital projects. (NRS 387.328) Sections 2 and 10 of this bill authorize the board of county commissioners of each county whose population is 100,000 or more but less than 700,000 (currently only Washoe County) to impose, by a two-thirds vote, additional taxes for deposit in the county school district’s fund for capital projects. In particular, section 2 authorizes the imposition in the county of a new sales and use tax at the rate of one-quarter of 1 percent of the gross receipts of retailers and section 10 authorizes the imposition in the county of a new property tax at the rate of 5 cents on each $100 of assessed valuation.

      Sections 2-8 of this bill require the administration of any new sales and use tax in the same manner as the sales and use tax imposed by the Local School Support Tax Law, as set forth in chapter 374 of NRS.

      Existing law generally limits the total amount of property taxes which may be imposed to $3.64 on each $100 of assessed valuation. (NRS 361.453) Sections 9 and 10 of this bill exempt the new property tax authorized by section 10 from this limitation.

      Existing law provides a partial abatement of the property taxes levied on property for which an assessed valuation has previously been established, a remainder parcel of real property, certain single-family residences and certain residential rental dwellings. (NRS 361.4722, 361.4723, 361.4724) Section 9.5 of this bill exempts the new property tax authorized by section 10 of this bill from those partial tax abatements.

      Section 11 of this bill authorizes the school district in each county where these new taxes are imposed to pledge the proceeds of these taxes, and the portion of the governmental services tax whose allocation to the school district is based on the amount of the property tax levy attributable to its debt service, to the payment of any bonds or other obligations the school district issues for capital projects.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  On or before January 1, 2014, the board of county commissioners of each county whose population is 100,000 or more but less than 700,000 may enact an ordinance imposing a tax at the rate of one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.

 


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ê2013 Statutes of Nevada, Page 2796 (Chapter 470, AB 46)ê

 

one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. An ordinance adopted pursuant to this section must be approved by a two-thirds majority of the members of the board.

      2.  Any tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      3.  An ordinance enacted pursuant to this section must include provisions in substance as follows:

      (a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      (b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.

      (c) A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

      (d) A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in the county of, tangible personal property used for the performance of a written contract:

             (1) Entered into on or before the effective date of the tax; or

             (2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,

Ê if, under the terms of the contract or bid, the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.

      (e) A provision that specifies the date on which the tax must first be imposed, which must be the first day of the first calendar quarter that begins at least 120 days after the effective date of the ordinance.

      Sec. 3. 1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this chapter must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall deposit the payments in the State Treasury to the credit of the Sales and Use Tax Account in the State General Fund.

      3.  The State Controller, acting upon the collection data furnished by the Department, shall monthly:

      (a) Transfer from the Sales and Use Tax Account 1.75 percent of all fees, taxes, interest and penalties collected pursuant to this chapter during the preceding month to the appropriate account in the State General Fund as compensation to the State for the cost of collecting the tax.

      (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

      (c) Transfer the amount determined for each county to the Intergovernmental Fund and remit the money to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

 


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ê2013 Statutes of Nevada, Page 2797 (Chapter 470, AB 46)ê

 

      Sec. 4. The Department may redistribute any proceeds from any tax, interest or penalty collected pursuant to this chapter which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the Department obtains knowledge of the improper distribution.

      Sec. 5. NRS 360.2937 is hereby amended to read as follows:

      360.2937  1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377 or 377A of NRS, or sections 2, 3 and 4 of this act, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      Sec. 6. NRS 360.300 is hereby amended to read as follows:

      360.300  1.  If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 360B, 362, 363A, 363B, 369, 370, 372, 372A, 374, 377, 377A or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 2, 3 and 4 of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:

      (a) The facts contained in the return;

      (b) Any information within its possession or that may come into its possession; or

      (c) Reasonable estimates of the amount.

      2.  One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.

      3.  In making its determination of the amount required to be paid, the Department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.

      4.  The Department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of the failure of a person to file a return with the Department.

      5.  When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

 


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ê2013 Statutes of Nevada, Page 2798 (Chapter 470, AB 46)ê

 

      Sec. 7. NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A, 444A or 585 of NRS, or sections 2, 3 and 4 of this act, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

      Sec. 8. NRS 360.510 is hereby amended to read as follows:

      360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against the person which remains unpaid, the Department may:

      (a) Not later than 3 years after the payment became delinquent or the determination became final; or

      (b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

Ê give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.

      2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.

      3.  After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.

      4.  Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.

      5.  If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department.

 


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ê2013 Statutes of Nevada, Page 2799 (Chapter 470, AB 46)ê

 

Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

      6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

      7.  If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, [or] chapter 360B, 362, 363A, 363B, 369, 370, 372, 372A, 374, 377, 377A or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 2, 3 and 4 of this act from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

      Sec. 9. NRS 361.453 is hereby amended to read as follows:

      361.453  1.  Except as otherwise provided in this section and NRS 354.705, 354.723 and 450.760, and section 10 of this act, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the State Board of Examiners if the State Board of Examiners is directed by law to fix a lesser or greater amount for that fiscal year.

      2.  Any levy imposed by the Legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is less than 45,000, or in a city or unincorporated town located within that county:

      (a) The combined tax rate certified by the Nevada Tax Commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;

      (b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;

      (c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and

      (d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.

      3.  The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

 


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ê2013 Statutes of Nevada, Page 2800 (Chapter 470, AB 46)ê

 

not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

      4.  A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.

      Sec. 9.5. NRS 361.4726 is hereby amended to read as follows:

      361.4726  1.  Except as otherwise provided by specific statute, if any legislative act which becomes effective after April 6, 2005, imposes a duty on a taxing entity to levy a new ad valorem tax or to increase the rate of an existing ad valorem tax, the amount of the new tax or increase in the rate of the existing tax is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

      2.  The amount of any tax imposed pursuant to section 10 of this act is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

      3.  For the purposes of this section, “taxing entity” does not include the State.

      Sec. 10. Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before January 1, 2014, the board of county commissioners of each county whose population is 100,000 or more but less than 700,000 may, in addition to any other taxes levied in accordance with this chapter, levy an ad valorem tax of 5 cents on each $100 of assessed valuation of taxable property within the county for the capital projects of the school district. Any such levy must be approved by a two-thirds majority of the members of the board.

      2.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

      3.  The rate of any tax levied pursuant to subsection 1 must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453.

      Sec. 11. NRS 387.328 is hereby amended to read as follows:

      387.328  1.  The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay the cost of the school district’s debt service.

      2.  The board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.

      3.  That portion of the governmental services tax whose allocation to the school district pursuant to NRS 482.181 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

 


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ê2013 Statutes of Nevada, Page 2801 (Chapter 470, AB 46)ê

 

of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

      4.  No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

      5.  The proceeds of the taxes deposited in the fund for capital projects pursuant to NRS 244.3354, 268.0962 and 375.070 and sections 3 and 10 of this act and, in a county whose population is 100,000 or more but less than 700,000, the portion of the governmental services tax whose allocation to the school district pursuant to NRS 482.181 is based on the amount of the property tax levy attributable to its debt service may be pledged to the payment of the principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of such taxes so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of a school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

      Sec. 12.  This act becomes effective upon passage and approval.

________

CHAPTER 471, AB 138

Assembly Bill No. 138–Assemblymen Sprinkle, Bustamante Adams, Kirkpatrick, Bobzien; and Neal

 

Joint Sponsors: Senators Smith and Kihuen

 

CHAPTER 471

 

[Approved: June 11, 2013]

 

AN ACT relating to taxation; revising provisions governing the partial abatement of certain taxes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person who intends to locate or expand a business in Nevada may apply to the Office of Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361 (property tax), 363B (business tax) or 374 (local school support tax) of NRS. (NRS 274.310, 274.320, 360.750, 361.0687, 363B.120, 374.357) This bill provides that a business which makes a capital investment of at least $1,000,000 in a program at the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute for the support of research, development or training related to the field of endeavor of the business and which meets certain other requirements is eligible to apply for a partial abatement of personal property taxes. In addition, this bill provides that a business which makes a capital investment of at least $500,000 in the Nevada State College or another smaller institution within the Nevada System of Higher Education in support of college certification or research or training related to the field of endeavor of the business and which meets certain other requirements is also eligible to apply for a partial abatement of personal property taxes. The abatements afforded by this bill expire by limitation on June 30, 2023.

 


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ê2013 Statutes of Nevada, Page 2802 (Chapter 471, AB 138)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds that each exemption provided by this act from any ad valorem tax on property or excise tax on the sale, storage, use or consumption of tangible personal property sold at retail:

      1.  Will achieve a bona fide social or economic purpose and that the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and

      2.  Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.

      Sec. 2. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business is in one or more of the industry sectors for economic development promoted, identified or otherwise approved by the Governor’s Workforce Investment Board described in NRS 232.935.

      (b) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (c) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) Require the business to submit to the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;

             (3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;

             (4) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (5) Bind the successors in interest of the business for the specified period.

      (d) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

 


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ê2013 Statutes of Nevada, Page 2803 (Chapter 471, AB 138)ê

 

      (e) The business does not receive:

             (1) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

             (2) Any real or personal property from a governmental entity at no cost or at a reduced cost.

      (f) The business meets the following requirements:

             (1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be used in support of research, development or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more graduate students from the program in which the capital investment is made on a part-time basis during years 2 through 5, inclusive, of the abatement.

             (4) The average hourly wage that will be paid by the business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 9.

             (5) The business submits with its application for a partial abatement:

                   (I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      (g) In lieu of meeting the requirements of paragraph (f), the business meets the following requirements:

             (1) The business makes a capital investment of at least $500,000 in the Nevada State College or an institution of the Nevada System of Higher Education other than those set forth in subparagraph (1) of paragraph (f), to be used in support of college certification or in support of research or training related to the field of endeavor of the business.

 


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ê2013 Statutes of Nevada, Page 2804 (Chapter 471, AB 138)ê

 

to be used in support of college certification or in support of research or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.

             (4) The average hourly wage that will be paid by the business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 9.

             (5) The business submits with its application for a partial abatement:

                   (I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall furnish to the board of county commissioners of each affected county a copy of each application for a partial abatement pursuant to this section.

      (b) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (c) Shall not approve an application for a partial abatement pursuant to this section unless the abatement is approved or deemed approved as described in this paragraph. The board of county commissioners of each affected county must approve or deny the application not later than 30 days after the board of county commissioners receives a copy of the application as described in paragraph (a). If the board of county commissioners does not approve or deny the application within 30 days after the board of county commissioners receives a copy of the application, the application shall be deemed approved.

 


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ê2013 Statutes of Nevada, Page 2805 (Chapter 471, AB 138)ê

 

not approve or deny the application within 30 days after the board of county commissioners receives a copy of the application, the application shall be deemed approved.

      (d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The total amount of the abatement must not exceed;

             (1) Fifty percent of the amount of the taxes imposed on the personal property of the business pursuant to chapter 361 of NRS during the period of the abatement; or

             (2) Fifty percent of the amount of the capital investment by the business,

Ê whichever amount is less;

      (b) The duration of the abatement must be for 5 years; and

      (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases to meet the requirements set forth in subsection 2 or ceases operation before the time specified in the agreement described in paragraph (c) of subsection 2:

      (a) The business shall repay to the county treasurer the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      (b) The applicable institution of higher education is entitled to keep the entire capital investment made by the business in that institution.

      8.  A county treasurer:

 


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ê2013 Statutes of Nevada, Page 2806 (Chapter 471, AB 138)ê

 

      (a) Shall deposit any money that he or she receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      9.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such other regulations as the Office determines to be necessary to carry out the provisions of this section.

      10.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

      11.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      12.  Except as otherwise provided in this subsection, as used in this section, “capital investment” includes, without limitation, an investment of real or personal property, money or other assets by a business in an institution of the Nevada System of Higher Education. The Office of Economic Development may, by regulation, specify the types of real or personal property or assets that are included within the definition of “capital investment.”

      Sec. 3. NRS 360.225 is hereby amended to read as follows:

      360.225  1.  During the course of an investigation undertaken pursuant to NRS 360.130 of a person claiming:

      (a) A partial abatement of property taxes pursuant to NRS 361.0687;

      (b) An exemption from taxes pursuant to NRS 363B.120;

      (c) A deferral of the payment of taxes on the sale of capital goods pursuant to NRS 372.397 or 374.402; [or]

      (d) An abatement of taxes on the gross receipts from the sale, storage, use or other consumption of eligible machinery or equipment pursuant to NRS 374.357 [,] ; or

      (e) A partial abatement of taxes pursuant to section 2 of this act,

Ê the Department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement, exemption or deferral that the person is claiming.

      2.  If the Department finds that the person does not meet the eligibility requirements for the abatement, exemption or deferral which the person is claiming, the Department shall report its findings to the Office of Economic Development and take any other necessary actions.

      Sec. 4. NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.

 


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ê2013 Statutes of Nevada, Page 2807 (Chapter 471, AB 138)ê

 

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (3) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:

             (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 8.

      (e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:

             (1) The business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

 


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ê2013 Statutes of Nevada, Page 2808 (Chapter 471, AB 138)ê

 

established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 8.

      (f) If the business is an existing business, the business meets at least two of the following requirements:

             (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

             (2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

             (3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its new employees in this State will meet the minimum requirements for benefits established by the Office by regulation pursuant to subsection 8.

      (g) In lieu of meeting the requirements of paragraph (d), (e) or (f), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $500,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet with minimum requirements established by the Office by regulation pursuant to subsection 8.

 


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ê2013 Statutes of Nevada, Page 2809 (Chapter 471, AB 138)ê

 

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (b) May, if the Office determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;

             (2) Make the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement [.] pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement [,] pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      5.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 6 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      8.  The Office of Economic Development:

 


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ê2013 Statutes of Nevada, Page 2810 (Chapter 471, AB 138)ê

 

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement [;] pursuant to this section; and

      (b) May adopt such other regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.

      9.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d), (e) or (g) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.

      10.  An applicant for [an] a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 5. NRS 360.755 is hereby amended to read as follows:

      360.755  1.  If the Office of Economic Development approves an application by a business for a partial abatement pursuant to NRS 360.750 [,] or section 2 of this act, the agreement with the Office must provide that the business:

      (a) Agrees to allow the Department to conduct audits of the business to determine whether the business is in compliance with the requirements for the partial abatement; and

      (b) Consents to the disclosure of the audit reports in the manner set forth in this section.

      2.  If the Department conducts an audit of the business to determine whether the business is in compliance with the requirements for the partial abatement, the Department shall, upon request, provide the audit report to the Office of Economic Development.

      3.  Until the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the Office of Economic Development:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the business consents to the disclosure.

      4.  After the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:

      (a) The audit report provided to the Office of Economic Development is a public record; and

      (b) Upon request by any person, the Executive Director of the Office of Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.

      5.  Before the Executive Director of the Office of Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business.

 


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ê2013 Statutes of Nevada, Page 2811 (Chapter 471, AB 138)ê

 

submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record;

      (c) Must be redacted by the Executive Director from any audit report that is disclosed to the public; and

      (d) Must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the business consents to the disclosure.

      Sec. 6. NRS 231.0685 is hereby amended to read as follows:

      231.0685  The Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330 or 360.750 [.] or section 2 of this act. The report must set forth, for each abatement from taxation that the Office approved in the 2-year period immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

      3.  If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      4.  Whether the business for which the abatement was approved is a new business or an existing business; and

      5.  Any other information that the Office determines to be useful.

      Sec. 7.  Notwithstanding the provisions of section 2 of this act, no person is entitled to any partial abatement of taxes pursuant to those provisions:

      1.  After June 30, 2023; or

      2.  For capital investments made in an institution of higher education in this State before July 1, 2013.

      Sec. 8.  1.  This act becomes effective on July 1, 2013.

      2.  Sections 2, 3, 5 and 6 of this act expire by limitation on June 30, 2023.

________

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2812ê

 

CHAPTER 472, AB 145

Assembly Bill No. 145–Assemblymen Carrillo and Ohrenschall

 

CHAPTER 472

 

[Approved: June 11, 2013]

 

AN ACT relating to transportation; authorizing certain officials in each county responsible for the maintenance and repair of certain roads to establish a Complete Streets program for retrofitting certain roads to improve access to those roads by all users; allowing a person who is registering or renewing the registration of a vehicle at a kiosk or via the Internet to make a voluntary contribution at that time to the Complete Streets program in his or her county; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the board of county highway commissioners is authorized to construct, repair and maintain public highways and roads within the county. (NRS 403.090) Existing law also provides that a county may, by ordinance, create a regional transportation commission if a streets and highways plan has been adopted by the county or regional planning commission. (NRS 277A.170) Section 5 of this bill allows a regional transportation commission to adopt a policy for a Complete Streets program, which means a program for the retrofitting of streets or highways under the jurisdiction of the commission for the primary purpose of adding or significantly repairing facilities that provide street or highway access considering all users, including, without limitation, pedestrians, bicycle riders, persons with a disability, persons who use public transportation and motorists. Section 4.8 of this bill allows the board of county commissioners, in a county whose population is 100,000 or more (currently Clark and Washoe Counties) and in which a regional transportation commission does not exist, to adopt a Complete Streets program. Section 9 of this bill allows the board of county highway commissioners, in a county whose population is less than 100,000 and in which a regional transportation commission does not exist, to adopt a Complete Streets program.

      Sections 2 and 3 of this bill require the Department of Motor Vehicles to include on each application for vehicle registration or renewal of registration that is completed at a kiosk or via the Internet notice of a nonrefundable and voluntary $2 contribution to be made to the Complete Streets program in the county where the vehicle is to be registered if the person registering the vehicle or renewing the registration indicates on that application that he or she wishes to opt in to making the contribution. Section 1 of this bill requires the Department of Motor Vehicles to distribute monthly the money collected from the voluntary contributions to the transportation officials in the respective counties. Section 1 also authorizes the Department to retain 1 percent of the money collected as reimbursement for the costs of collecting and distributing the money.

      Sections 4.8, 5 and 9 require that a board of county commissioners, regional transportation commission or a board of county highway commissioners which receives money from the Department of Motor Vehicles for a Complete Streets program use that money only for projects that are a part of such a program.

      Section 16.5 of this bill requires the Director of the Department of Motor Vehicles to determine when sufficient resources are available for the Department to carry out the provisions of this bill, and to provide notice of that fact. Section 17 of this bill provides that this bill becomes effective: (1) upon passage and approval, for the purpose of adopting regulations and performing other preparatory administrative tasks; and (2) for all other purposes, upon the earlier of October 1, 2015, or the date on which the Director provides notice that sufficient resources are available for the Department to carry out the provisions of this bill.

 


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ê2013 Statutes of Nevada, Page 2813 (Chapter 472, AB 145)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, any voluntary contributions collected pursuant to subsection 11 of NRS 482.480 must be distributed to each county based on the county of registration of the vehicle for which the contribution was made, to be used as provided in section 4.8, 5 or 9 of this act, as applicable. The Department shall remit monthly the contributions directly:

      (a) In a county in which a regional transportation commission exists, to the regional transportation commission.

      (b) In a county whose population is 100,000 or more and in which a regional transportation commission does not exist, to the board of county commissioners.

      (c) In a county whose population is less than 100,000 and in which a regional transportation commission does not exist, to the board of county highway commissioners created pursuant to NRS 403.010.

      2.  The Department shall certify monthly to the State Board of Examiners the amount of the voluntary contributions collected pursuant to subsection 11 of NRS 482.480 for each county by the Department and its agents during the preceding month, and that the money has been distributed as provided in this section.

      3.  The Department shall deduct and withhold 1 percent of the contributions collected pursuant to subsection 1 to reimburse the Department for its expenses in collecting and distributing the contributions.

      4.  As used in this section, “regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 277A of NRS.

      Sec. 2. NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) The owner’s residential address.

      (c) The owner’s declaration of the county where he or she intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

 


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ê2013 Statutes of Nevada, Page 2814 (Chapter 472, AB 145)ê

 

manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

             (1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185; and

             (2) A declaration signed by the applicant that he or she will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this subparagraph.

      (f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185:

             (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

             (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle; or

             (3) In another form satisfactory to the Department.

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      (h) If the application for registration is submitted via the Internet, a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2 for each vehicle registered for the Complete Streets program, if any, created pursuant to section 4.8, 5 or 9 of this act, as applicable, based on the declaration made pursuant to paragraph (c). The application form must state in a clear and conspicuous manner that a contribution for a Complete Streets program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

      4.  The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.

      5.  For purposes of the evidence required by paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his or her original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his or her original or any renewed registration.

 


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ê2013 Statutes of Nevada, Page 2815 (Chapter 472, AB 145)ê

 

vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his or her original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his or her certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 3. NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The Department shall mail to each holder of a certificate of registration a notification for renewal of registration for the following period of registration. The notifications must be mailed by the Department in sufficient time to allow all applicants to mail the notifications to the Department or to renew the certificate of registration at a kiosk or authorized inspection station or via the Internet or an interactive response system and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present or submit the notification to any agent or office of the Department.

      2.  A notification:

      (a) Mailed or presented to the Department or to a county assessor pursuant to the provisions of this section;

      (b) Submitted to the Department pursuant to NRS 482.294; or

      (c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281,

Ê must include, if required, evidence of compliance with standards for the control of emissions.

      3.  The Department shall include with each notification mailed pursuant to subsection 1:

      (a) The amount of the governmental services tax to be collected pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484B.527.

      (c) A statement which informs the applicant:

             (1) That, pursuant to NRS 485.185, the applicant is legally required to maintain insurance during the period in which the motor vehicle is registered which must be provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State; and

             (2) Of any other applicable requirements set forth in chapter 485 of NRS and any regulations adopted pursuant thereto.

      (d) A statement which informs the applicant that, if the applicant renews a certificate of registration at a kiosk or via the Internet, he or she may make a nonrefundable monetary contribution of $2 for each vehicle registration renewed for the Complete Streets program, if any, created pursuant to section 4.8, 5 or 9 of this act, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215.

 


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ê2013 Statutes of Nevada, Page 2816 (Chapter 472, AB 145)ê

 

pursuant to section 4.8, 5 or 9 of this act, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The notification must state in a clear and conspicuous manner that a contribution for a Complete Streets program is nonrefundable and voluntary and is in addition to any fees required for registration.

      4.  An application for renewal of a certificate of registration submitted at a kiosk or via the Internet must include a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2, for each vehicle registration which is renewed at a kiosk or via the Internet, for the Complete Streets program, if any, created pursuant to subsection 4.8, 5 or 9 of this act, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The application must state in a clear and conspicuous manner that a contribution for a Complete Streets program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

      [4.]5.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the Department as it may find necessary for the issuance of the new plate or plates or card of registration.

      Sec. 4. NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the Department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  Except as otherwise provided in subsection 3:

      (a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

      (b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.

      (c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.

      3.  The fees specified in subsection 2 do not apply:

      (a) Unless the person registering the cars presents to the Department at the time of registration the registrations of all the cars registered to the person.

      (b) To cars that are part of a fleet.

      4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the State Highway Fund for credit to the Account for the Program for the Education of Motorcycle Riders.

      5.  For each transfer of registration, a fee of $6 in addition to any other fees.

 


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ê2013 Statutes of Nevada, Page 2817 (Chapter 472, AB 145)ê

 

      6.  Except as otherwise provided in subsection 7 of NRS 485.317, to reinstate the registration of a motor vehicle that is suspended pursuant to that section:

      (a) A fee as specified in NRS 482.557 for a registered owner who failed to have insurance on the date specified by the Department, which fee is in addition to any fine or penalty imposed pursuant to NRS 482.557; or

      (b) A fee of $50 for a registered owner of a dormant vehicle who cancelled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

Ê both of which must be deposited in the Account for Verification of Insurance which is hereby created in the State Highway Fund. The money in the Account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

      7.  For every travel trailer, a fee for registration of $27.

      8.  For every permit for the operation of a golf cart, an annual fee of $10.

      9.  For every low-speed vehicle, as that term is defined in NRS 484B.637, a fee for registration of $33.

      10.  To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451, a fee of $33.

      11.  For each vehicle for which the registered owner has indicated his or her intention to opt in to making a contribution pursuant to paragraph (h) of subsection 3 of NRS 482.215 or subsection 4 of NRS 482.280, a contribution of $2. The contribution must be distributed to the appropriate county pursuant to section 1 of this act.

      Sec. 4.2. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 4.4, 4.6 and 4.8 of this act.

      Sec. 4.4. As used in this section and sections 4.6 and 4.8 of this act, “regional transportation commission” has the meaning ascribed to it in section 1 of this act.

      Sec. 4.6.1.  In a county whose population is 100,000 or more and in which a regional transportation commission does not exist, the board of county commissioners shall create in the county treasury a fund to be known as the Complete Streets fund, for the purpose of:

      (a) Executing projects as a part of a Complete Streets program pursuant to section 4.8 of this act; and

      (b) Matching federal money from any federal source for the execution of projects as a part of a Complete Streets program pursuant to section 4.8 of this act.

      2.  The county treasurer shall deposit money that is collected pursuant to paragraph (b) of subsection 1 of section 1 of this act in the Complete Streets fund.

      3.  The board of county commissioners shall administer the Complete Streets fund.

      4.  The board of county commissioners may accept gifts and donations for deposit in the Complete Streets fund.

      Sec. 4.8.1.  In a county whose population is 100,000 or more and in which a regional transportation commission does not exist, the board of county commissioners may adopt a policy for a Complete Streets program and may plan and carry out projects as a part of a Complete Streets program.

 


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ê2013 Statutes of Nevada, Page 2818 (Chapter 472, AB 145)ê

 

      2.  Any money received by a board of county commissioners pursuant to paragraph (b) of subsection 1 of section 1 of this act must be used solely for the execution of projects as a part of a Complete Streets program.

      3.  A board of county commissioners must not cause or allow any portion of the Complete Streets fund created pursuant to section 4.6 of this act to be used for a purpose other than those set forth in this section.

      4.  As used in this section, “Complete Streets program” means a program for the retrofitting of roads that are under the jurisdiction of the board of county commissioners for the primary purpose of adding or significantly repairing facilities which provide road access considering all users, including, without limitation, pedestrians, bicycle riders, persons with a disability, persons who use public transportation and motorists. The term includes the operation of a public transit system as part of a Complete Streets program, but the term does not include the purchase of vehicles or other hardware for a public transit system.

      Sec. 5. Chapter 277A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A commission may adopt a policy for a Complete Streets program and may plan and carry out projects as a part of a Complete Streets program.

      2.  Any money received by a commission pursuant to paragraph (a) of subsection 1 of section 1 of this act must be used solely for the execution of projects as a part of a Complete Streets program.

      3.  A commission must not cause or allow any portion of the Complete Streets fund created pursuant to NRS 277A.240 to be used for a purpose other than those set forth in this section.

      4.  As used in this section, “Complete Streets program” means a program for the retrofitting of streets or highways that are under the jurisdiction of the commission for the primary purpose of adding or significantly repairing facilities which provide street or highway access considering all users, including, without limitation, pedestrians, bicycle riders, persons with a disability, persons who use public transportation and motorists. The term includes the operation of a public transit system as part of a Complete Streets program, but the term does not include the purchase of vehicles or other hardware for a public transit system.

      Sec. 6. NRS 277A.240 is hereby amended to read as follows:

      277A.240  The commission :

      1.  Except as otherwise provided in subsection 2, may establish a fund consisting of contributions from private sources, the State or the county and cities and towns within the jurisdiction of the commission for the purpose of matching federal money from any federal source.

      2.  Shall establish a fund consisting of distributions from the Department of Motor Vehicles pursuant to paragraph (a) of subsection 1 of section 1 of this act, to be known as the Complete Streets fund, for the purpose of:

      (a) Executing projects as a part of a Complete Streets program pursuant to section 5 of this act; and

      (b) Matching federal money from any federal source for the execution of projects as a part of a Complete Streets program pursuant to section 5 of this act.

      3.  May accept gifts and donations for deposit in the Complete Streets fund.

 


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ê2013 Statutes of Nevada, Page 2819 (Chapter 472, AB 145)ê

 

      Sec. 7. Chapter 403 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.5, 8 and 9 of this act.

      Sec. 7.5. As used in this section and sections 8 and 9 of this act, “regional transportation commission” has the meaning ascribed to it in section 1 of this act.

      Sec. 8. 1.  The board of county commissioners shall create in the county treasury a fund to be known as the Complete Streets fund, for the purpose of:

      (a) Executing projects as a part of a Complete Streets program pursuant to section 9 of this act; and

      (b) Matching federal money from any federal source for the execution of projects as a part of a Complete Streets program pursuant to section 9 of this act.

      2.  The county treasurer shall deposit money that is collected pursuant to paragraph (c) of subsection 1 of section 1 of this act in the Complete Streets fund.

      3.  The board of county highway commissioners shall administer the Complete Streets fund.

      4.  The board of county highway commissioners may accept gifts and donations for deposit in the Complete Streets fund.

      Sec. 9. 1.  A board of county highway commissioners may adopt a policy for a Complete Streets program and may plan and carry out projects as a part of a Complete Streets program.

      2.  Any money received by a board of county highway commissioners pursuant to paragraph (c) of subsection 1 of section 1 of this act must be used solely for the execution of projects as a part of a Complete Streets program.

      3.  As used in this section, “Complete Streets program” means a program for the retrofitting of roads that are under the jurisdiction of the board of county highway commissioners for the primary purpose of adding or significantly repairing facilities which provide road access considering all users, including, without limitation, pedestrians, bicycle riders, persons with a disability, persons who use public transportation and motorists. The term includes the operation of a public transit system as part of a Complete Streets program, but the term does not include the purchase of vehicles or other hardware for a public transit system.

      Sec. 10. NRS 403.160 is hereby amended to read as follows:

      403.160  1.  If the board of county highway commissioners shall decide not to appoint a county road supervisor for the county, the board may, at its option, create a board of road commissioners for each district. The board of road commissioners shall consist of one to three members.

      2.  The boundaries of the districts may be fixed by the board of county highway commissioners, and road commissioners may be elected in the same manner as in the case of township officers.

      3.  Road commissioners shall hold office until their successors are duly elected or appointed, and qualified, and shall take and subscribe to the constitutional oath of office before entering upon their duties.

      4.  A board of road commissioners shall:

      (a) Exercise the duties of the county road supervisor.

      (b) Have supervision over all road work within its district, and may appoint whomever the board may choose to do the work.

 


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ê2013 Statutes of Nevada, Page 2820 (Chapter 472, AB 145)ê

 

      5.  All vouchers shall be signed by at least a majority of the road commissioners and allowed as in the usual course of claims against the county, but , except as otherwise provided in section 9 of this act, no board of road commissioners shall contract for any amount of work in excess of the funds set aside for such district by the board of county commissioners unless in case of an emergency when, by order of the board of county commissioners, a larger amount may be expended.

      6.  The board of county commissioners shall set aside for each road district the sums of money apportioned for each road district at the first meeting of the board in January, or as soon thereafter as possible.

      Sec. 11. NRS 403.180 is hereby amended to read as follows:

      403.180  1.  When any roads shall have been rebuilt or constructed and made to meet with such specifications as may be outlined by the board of county highway commissioners, which shall include grading, draining, macadamizing , [or] graveling [,] or retrofitting pursuant to section 9 of this act, and shall have been declared by the board of county highway commissioners to be standard county roads, then they shall be termed and designated as standard county roads.

      2.  When the board of county highway commissioners shall have declared and designated any road to be a standard county road, then , except as otherwise provided in section 9 of this act, the cost of maintaining such road shall be paid out of the county general fund in the same manner as provided in NRS 403.460.

      Sec. 12. NRS 403.435 is hereby amended to read as follows:

      403.435  The board of county commissioners of any county is hereby authorized to enter into agreements with the appropriate federal agency for the use of federal funds to construct, improve or maintain roads, other than state highways. The share of any county in the cost of such cooperative road project shall be paid :

      1.  For a project that is a part of a Complete Streets program pursuant to section 9 of this act, from the Complete Streets fund created pursuant to section 8 of this act; or

      2.  For any other project, from county road funds; but donations may be accepted in lieu of appropriations from county road funds.

      Sec. 13. NRS 403.460 is hereby amended to read as follows:

      403.460  1.  If, at a primary, general or special election, a majority of the voters of the county vote against the issuance of the bonds for roads and bridges, and no special county road and bridge fund is thereby created, or if for any other reason the fund is not created, except as otherwise provided in section 9 of this act, the cost of all county road and bridge work performed must be paid out of the county general fund by order of the board, if that work was performed by the order of and under the direction of the board of county highway commissioners or the county road supervisor, and according to the provisions of this chapter.

      2.  All claims presented to the board of county highway commissioners must be sworn and subscribed to and attested by the county road supervisor.

      Sec. 14. NRS 403.470 is hereby amended to read as follows:

      403.470  All money appropriated or expended by the board of county highway commissioners, whether it be appropriated or expended out of the county road and bridge fund which may be created by this chapter, the Complete Streets fund created pursuant to section 8 of this act, or out of the county general fund as provided in NRS 403.460, must be expended by the board of county highway commissioners for the purposes hereinafter named and for no other purposes:

 


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ê2013 Statutes of Nevada, Page 2821 (Chapter 472, AB 145)ê

 

be expended by the board of county highway commissioners for the purposes hereinafter named and for no other purposes:

      1.  For laying out, grading, draining, graveling or macadamizing, maintaining, and, when deemed necessary, sprinkling or oiling roads.

      2.  The purchase of road machinery necessary for the construction of such roads, and the maintenance of the same.

      3.  The purchase of property necessary in road construction.

      4.  The purchase of material and machinery for the construction of all superstructures necessary to the perfect drainage of a highway, and for all work performed by order of and under the direction of the board of county highway commissioners.

      5.  The execution of a project that is a part of a Complete Streets program pursuant to section 9 of this act.

      Sec. 15. NRS 403.550 is hereby amended to read as follows:

      403.550  1.  All claims against the county in relation to the county roads and bridges shall be presented to the clerk of the board of county highway commissioners on a prepared form at least 1 day before the regular meeting of the board. There shall be printed on the form an oath that the amount claimed is just and correct, which must be subscribed to by the claimant. The claim shall also be certified by the county road supervisor.

      2.  Upon the approval of any claim by the board of county highway commissioners, the county auditor is authorized and required to draw a warrant for the amount named in the claim to the person or persons named therein as claimants, in the usual manner provided by law. Nothing in this subsection shall interfere with or prevent the county auditor from exercising his or her veto power provided by law.

      3.  The county treasurer shall keep the county road and bridge fund, provided for in this chapter, in a separate and distinct fund. [The] Except as otherwise provided in section 8 of this act, the county treasurer shall pay out of this fund all warrants drawn on him or her by the county auditor for road purposes, but under no condition shall the county treasurer pay out of this fund for other purposes.

      Sec. 16. NRS 403.590 is hereby amended to read as follows:

      403.590  1.  Whenever it appears to the board of county commissioners that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, the board may:

      [1.  Cause]

      (a) Except as otherwise provided in subsection 2, cause all or a portion of the aggregate cost or expense to be paid out of the county general fund, or a portion out of that fund or out of any other county fund in which there is a surplus; or

      [2.](b) Levy a tax therefor, not to exceed one-fourth of 1 percent on the taxable property in the county, annually, until the amount appropriated is raised and paid.

      2.  A board of county commissioners must not cause or allow any portion of the Complete Streets fund created pursuant to section 8 of this act to be used for a purpose other than those set forth in section 9 of this act.

      Sec. 16.5.  As soon as practicable after January 1, 2014, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

 


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Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 17.  This act becomes effective:

      1.  Upon passage and approval for the purposes of the adoption of regulations and any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  For all other purposes, on:

      (a) October 1, 2015; or

      (b) The date on which the Director of the Department of Motor Vehicles, pursuant to section 16.5 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act,

Ê whichever occurs first.

________

CHAPTER 473, AB 151

Assembly Bill No. 151–Assemblywoman Bustamante Adams (by request)

 

CHAPTER 473

 

[Approved: June 11, 2013]

 

AN ACT relating to transportation; requiring that the Department of Transportation establish goals for the participation of disadvantaged business enterprises and local emerging small businesses in certain contracts relating to transportation projects; requiring that the Department evaluate each market in which those goals would be established before establishing the goals; requiring that the Department evaluate whether the goals remain necessary to eliminate disparities in the awarding to certain businesses of certain contracts relating to transportation; requiring that the Department submit biennially to the Governor and Legislature a report on those goals; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing federal regulations, the Department of Transportation is required to establish goals for the participation of disadvantaged business enterprises in contracts for transportation projects which receive federal funding and to which those regulations apply. (49 C.F.R. Part 26) Section 4 of this bill requires that the Department establish goals for the participation of disadvantaged business enterprises and local emerging small businesses in: (1) contracts for certain transportation projects that do not receive federal funding for the construction, reconstruction, improvement or maintenance of highways; and (2) all contracts for architectural, engineering and planning services. Section 4 also requires that these goals be: (1) consistent with the goals required for similar projects that receive federal funding; and (2) based upon information about the market for which the goals are set.

      Section 5 of this bill requires that the Department regularly review information about the goals established pursuant to section 4 and the markets for which these goals are set. Section 5 also requires that the Department report biennially to the Governor and the Legislature as to whether these goals are being met and, if not, what

 


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efforts the Department is undertaking to meet the goals. If the Department determines that disparities no longer exist in the awarding of contracts for transportation projects to which section 4 applies, and a discontinuation of the goals would be in the best interests of the State, section 5 requires that the Director of the Department transmit to the Governor and the Director of the Legislative Counsel Bureau a statement of that determination and a report detailing the findings which justify that determination. Section 7 of this bill provides that this bill expires on the earlier of: (1) September 30, 2023; or (2) the date 90 days after the date on which the Director of the Department transmits pursuant to section 5 the determination and report which indicate that disparities no longer exist in the awarding of the relevant contracts.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “disadvantaged business enterprise” has the meaning ascribed to it in 49 C.F.R. § 26.5.

      Sec. 3. The Legislature hereby finds and declares that:

      1.  The State wishes to provide all of its citizens with equal access to opportunities for business formation and business growth.

      2.  The elimination of discrimination against disadvantaged business enterprises is of paramount importance to the future welfare of this State.

      3.  The Legislature has received and carefully reviewed the “Availability and Disparity Study” commissioned by the Department and published on June 15, 2007, that this study provides a strong basis of evidence demonstrating persistent discrimination against businesses owned by women and minorities and that this study demonstrates that:

      (a) Disparities exist in the utilization of businesses owned by women and minorities in the same geographic markets and industry categories in which the Department does business;

      (b) The State would become a passive participant in private-sector racial, ethnic and gender discrimination if it ceased or curtailed its remedial efforts against such discrimination;

      (c) An overall pattern of disparities exists in the utilization of all racial and ethnic groups and both minority and nonminority women combined in all Department contracts;

      (d) Evidence exists that discrimination in the private sector has depressed the formation and growth of firms among minority and nonminority women entrepreneurs; and

      (e) Evidence exists of discrimination against minority and nonminority women business owners in the Nevada marketplace.

      4.  The Department should continue to use race-neutral and gender-neutral efforts to eliminate discrimination to the maximum extent feasible and should use only race-conscious and gender-conscious measures where necessary to eliminate discrimination that was not alleviated by race-neutral and gender-neutral efforts, and only as allowed under federal law.

 

 


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      5.  Sections 2 to 6, inclusive, of this act continue and enhance efforts to ensure that the Department limits the burden on businesses which are not disadvantaged business enterprises by ensuring flexibility in the operations of the Department.

      6.  Efforts by this State to support the development of businesses owned by women and minorities that are competitively viable will assist in reducing discrimination and creating jobs for all citizens of this State.

      Sec. 4. 1.  The Department shall establish goals for the awarding of contracts to disadvantaged business enterprises and local emerging small businesses for:

      (a) Highway construction, reconstruction, improvements and maintenance on projects estimated to cost $250,000 or more that do not receive federal funding; and

      (b) Architectural, engineering and planning services.

      2.  The Department shall ensure that the goals established pursuant to subsection 1 are:

      (a) Consistent with the goals required for similar projects that receive federal funding; and

      (b) Based upon information about the relevant market for which the goals are set.

      3.  The Department shall adopt regulations to define the term “local emerging small business” for the purposes of sections 2 to 6, inclusive, of this act. When adopting regulations pursuant to this subsection, the Department shall determine whether other state agencies have adopted related definitions for similar projects and, if so, coordinate with those state agencies in defining the term.

      Sec. 5. 1.  The Department shall regularly review information about the goals established pursuant to section 4 of this act and the markets for which these goals are set.

      2.  The Department shall prepare a biennial report for the Governor and the Legislature and submit the report on or before December 31 of each even-numbered year. The biennial report must include, without limitation:

      (a) All goals established by the Department pursuant to section 4 of this act;

      (b) Whether each goal established by the Department has been achieved; and

      (c) For each goal established by the Department that has not been achieved, information on all efforts undertaken by the Department to achieve the goal.

      3.  If the Department determines that the information gathered pursuant to subsection 1 indicates that disparities no longer exist in the awarding of contracts to disadvantaged business enterprises and a discontinuation of the goals required to be established by section 4 of this act would be in the best interest of this State, the Director shall transmit to the Governor and the Director of the Legislative Counsel Bureau for transmission to the Legislature a statement of that determination accompanied by a report detailing the findings of the Department which justify that determination.

      Sec. 6. The Department shall adopt such regulations as are necessary to carry out the provisions of sections 2 to 6, inclusive, of this act.

 


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      Sec. 7.  This act expires by limitation on:

      1.  September 30, 2023; or

      2.  The date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of section 5 of this act,

Ê whichever occurs earlier.

________

CHAPTER 474, AB 309

Assembly Bill No. 309–Assemblymen Flores, Bobzien; and Diaz

 

CHAPTER 474

 

[Approved: June 11, 2013]

 

AN ACT relating to the Department of Motor Vehicles; requiring the Department to contract with a vendor or vendors for the establishment of an electronic lien system; setting forth the manner for participating in such a system; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill directs the Department of Motor Vehicles to enter into one or more contracts to establish and implement an “electronic lien system” to process the notification and release of security interests by way of electronic batch file transfers. This bill: (1) provides for the allocation of certain costs and fees associated with such a system; (2) requires certain lienholders to participate in such a system, with the date of required participation correlated to the size of the particular lienholder; (3) sets forth the nature of the relationship between the Department and any contractors; (4) provides for the validity of certified electronic records; (5) directs the Department to adopt certain regulations relative to the charging and collection of certain fees for expedited services; and (6) requires the Department to submit a report concerning any such electronic lien system to the 78th Session of the Nevada Legislature.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

        Sec. 1.3. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

        1.  The Department shall enter into one or more contracts pursuant to this section to establish, implement and operate, in lieu of the issuance and maintenance of paper documents otherwise required by this chapter, an electronic lien system to process the notification and release of security interests through electronic batch file transfers.

        2.  Any contract entered into pursuant to this section must not require the Department to pay any amount to a contractor unless otherwise provided in this section. A contractor must be required to reimburse the Department for any reasonable implementation costs directly incurred by the Department during the establishment and ongoing administration of the electronic lien system.

 


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the electronic lien system. A contract entered into pursuant to this section must include provisions specifically prohibiting a contractor from using information concerning vehicle titles for marketing or solicitation purposes.

        3.  The electronic lien system must allow qualified service providers to participate in the system. A lienholder may participate in the system through any qualified service provider approved by the Department for participation in the system.

        4.  Service providers may be required to collect fees from lienholders and their agents for the implementation and administration of the electronic lien system. The amount of the fee collected by a service provider and paid to a contractor for the establishment and maintenance of the electronic lien system must not exceed $4 per transaction.

        5.  A contractor may also serve as a service provider under such terms and conditions as are established by the Department pursuant to the terms of a contract entered into pursuant to this section and the regulations adopted by the Department. If a contractor will also serve as a service provider:

        (a) The Department may perform audits of the contractor at intervals determined by the Department to ensure the contractor is not engaged in predatory pricing. The contractor shall reimburse the Department for the cost of all audits.

        (b) The contract between the Department and the contractor entered into pursuant to this section must include an acknowledgement by the contractor that the contractor is required to enter into agreements to exchange electronic lien data with all service providers who offer electronic lien and title services to lienholders doing business in the State of Nevada, have been approved by the Department for participation in the electronic lien system pursuant to this section and elect to use the contractor for access to the electronic lien system. A service provider must not be required to provide confidential or proprietary information to any other service provider.

        6.  Except for persons who are not normally engaged in the business or practice of financing vehicles, all lienholders are required to participate in the electronic lien system.

        7.  For the purposes of this chapter, any requirement that a lien or other information appear on a certificate of title is satisfied by the inclusion of that information in an electronic file maintained in an electronic lien system. The satisfaction of a lien may be electronically transmitted to the Department. A certificate of title is not required to be issued until the lien is satisfied or the certificate of title is otherwise required to meet the requirements of any legal proceeding or other provision of law. If a vehicle is subject to an electronic lien, the certificate of title shall be deemed to be physically held by the lienholder for the purposes of state or federal law concerning odometer readings and disclosures.

        8.  A certified copy of the Department’s electronic record of a lien is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence of the lien. If a certificate of title is maintained electronically in the electronic lien system, a certified copy of the Department’s electronic record of the certificate of title is admissible in any civil, criminal or administrative proceeding in this State as evidence of the existence and contents of the certificate of title.

 


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        9.  The Director may adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

        (a) The amount of the fee a service provider is required to charge pursuant to subsection 4 and pay to a contractor for the establishment and maintenance of the electronic lien system.

      (b) The qualifications of service providers for participation in the electronic lien system.

      (c) The qualifications for a contractor to enter into a contract with the Department to establish, implement and operate the electronic lien system.

      (d) Program specifications that a contractor must adhere to in establishing, implementing and operating the electronic lien system.

      (e) Additional requirements for and restrictions upon a contractor who will also serve as a service provider.

      10.  As used in this section:

      (a) “Contractor” means a person who, pursuant to this section, enters into a contract with the Department to establish, implement and operate the electronic lien system.

      (b) “Electronic lien system” means a system to process the notification and release of security interests through electronic batch file transfers that is established and implemented pursuant to this section.

      (c) “Service provider” means a person who, pursuant to this section, provides lienholders with software to manage electronic lien and title data.

      Sec. 1.5. NRS 482.429 is hereby amended to read as follows:

      482.429  1.  For its services under this chapter, the Department shall adopt regulations specifying the amount of the fees which the Department will charge and collect:

      [1.](a) For each certificate of title issued for a vehicle present or registered in this State.

      [2.](b) For each duplicate certificate of title issued.

      [3.](c) For each certificate of title issued for a vehicle not present in or registered in this State.

      [4.](d)For expedited processing of a certificate of title issued pursuant to paragraph (a), (b) or (c).

      (e) For expedited mailing of a certificate of title issued pursuant to paragraph (a), (b) or (c), that does not include prepaid postage.

      (f) For the processing of each dealer’s or rebuilder’s report of sale submitted to the Department.

      [5.](g) For the processing of each long-term lessor’s report of lease submitted to the Department.

      [6.](h) For the processing of each endorsed certificate of title or statement submitted to the Department upon the sale of a used or rebuilt vehicle in this State by a person who is not a dealer or rebuilder.

      2.  Any fee paid pursuant to paragraphs (d) and (e) of subsection 1 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of processing and mailing certificates of title.

      Sec. 2.  1.  The term of an initial contract entered into for the establishment of an electronic lien system pursuant to section 1.3 of this act must be for a fixed period of not less than 4 years.

      2.  The Department shall submit a report on or before February 1, 2015, to the 78th Session of the Legislature concerning the implementation of the electronic lien system.

 


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ê2013 Statutes of Nevada, Page 2828 (Chapter 474, AB 309)ê

 

      3.  Notwithstanding the provisions of section 1.3 of this act:

      (a) A lienholder is not required to participate in the electronic lien system until the system has been in operation for 12 months.

      (b) A lienholder who executes 26 or fewer liens in a calendar year is not required to participate in the electronic lien system until the system has been in operation for 24 months.

      4.  As used in this section:

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Electronic lien system” means the system to process the notification and release of security interests through electronic batch file transfers that the Department is directed to establish and implement pursuant to section 1.3 of this act.

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

________

CHAPTER 475, AB 336

Assembly Bill No. 336–Assemblywoman Kirkpatrick

 

CHAPTER 475

 

[Approved: June 11, 2013]

 

AN ACT relating to vehicle registration; authorizing the registration of certain trailers for a 3-year period in lieu of a 12-month period; requiring a registrant who elects to register a trailer for the longer period to pay fees commensurate with that longer period; authorizing the registration of certain commercial trailers and semitrailers for as long as the trailer is owned by the person who obtained the registration; providing for a one-time imposition of a flat governmental services tax on commercial trailers registered for as long as the trailer is owned by the person who obtained the registration; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the annual registration of trailers and semitrailers that are to be operated on the highways of this State and the imposition of a governmental services tax. (NRS 371.030, 482.205, 482.206) Section 1.4 of this bill allows a person who owns a trailer to instead elect to register the trailer for a period of 3 years. Section 1.4 also requires a person who registers a trailer for a 3-year period to pay upon registration all applicable fees and taxes which the person would pay if the trailer was registered for 1 year and then renewed for 2 consecutive years, including, without limitation, governmental services taxes, registration fees, license plate fees and additional fees, if applicable, for personalized prestige license plates and special license plates.

      Sections 2, 3, 34.5 and 36 of this bill authorize the owners of certain commercial trailers and semitrailers to pay a flat registration fee of $24 and the imposition of the governmental services tax in the amount of $86 for a registration that is valid for as long as the person owns the trailer. Section 2 provides that such a registration is nontransferable if the person transfers ownership of the trailer, and is valid until the owner either transfers ownership of the trailer or cancels the registration of the trailer and surrenders the license plates to the Department of Motor Vehicles. Section 36 provides that the governmental services tax is imposed only when the trailer is registered and is nonrefundable. Section 4.5 of this bill provides that the Department shall not, for a trailer being registered in this manner, issue any of the various special license plates offered for other vehicles.

 


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ê2013 Statutes of Nevada, Page 2829 (Chapter 475, AB 336)ê

 

      Sections 2-4, 5 and 35 of this bill make conforming changes to provisions concerning the transfer of registration, the imposition of the governmental services tax, renewal stickers, the replacement of license plates or decals that are lost, mutilated or illegible, and the reporting of stolen motor vehicles, trailers or semitrailers. (NRS 482.206, 482.260, 482.2705, 482.285, 482.520) Sections 6-34.1 of this bill make conforming changes to provisions authorizing the issuance of special license plates which are available for certain trailers and semitrailers. Sections 36-38 of this bill make conforming changes to provisions concerning the imposition of the governmental services tax.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 and 1.4 of this act.

      Sec. 1.2. “Full trailer” means any commercial vehicle without motive power supported by front and rear axles and pulled by a drawbar.

      Sec. 1.4. 1.  A trailer may be registered for a 3-year period as provided in this section.

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 1.5. NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and section 1.2 of this act have the meanings ascribed to them in those sections.

      Sec. 2. NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section [,] and section 1.4 of this act, every motor vehicle, except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and except for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

 


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subsection 3 of NRS 482.483, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

      2.  [Every] Except as otherwise provided in subsection 7 and section 1.4 of this act, every vehicle registered by an agent of the Department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this State.

      3.  [A] Except as otherwise provided in subsection 7 and section 1.4 of this act, a vehicle which must be registered through the Motor Carrier Division of the Department, or a motor vehicle which has a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning on the date established by the Department by regulation.

      4.  Upon the application of the owner of a fleet of vehicles, the Director may permit the owner to register the fleet on the basis of a calendar year.

      5.  [When] Except as otherwise provided in subsections 6 and 7, when the registration of any vehicle is transferred pursuant to NRS 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department; or

      (b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      6.  When the registration of any trailer that is registered for a 3-year period pursuant to section 1.4 of this act is transferred pursuant to NRS 482.399, the expiration date of each license plate or substitute decal must, at the time of the transfer of the registration, be advanced, if applicable pursuant to section 1.4 of this act, for a period of 3 consecutive years beginning:

      (a) The first day of the month after the transfer, if the trailer is transferred by an agent of the Department; or

      (b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      7.  A full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is registered until the date the owner of the full trailer or semitrailer:

      (a) Transfers the ownership of the full trailer or semitrailer; or

      (b) Cancels the registration of the full trailer or semitrailer and surrenders the license plates to the Department.

      Sec. 3. NRS 482.260 is hereby amended to read as follows:

      482.260  1.  When registering a vehicle, the Department and its agents or a registered dealer shall:

      (a) Collect the fees for license plates and registration as provided for in this chapter.

 


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ê2013 Statutes of Nevada, Page 2831 (Chapter 475, AB 336)ê

 

      (b) Collect the governmental services tax on the vehicle, as agent for the State and for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration.

      (e) If the registration is performed by the Department, issue the regular license plate or plates.

      (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to the owner.

      2.  Upon proof of ownership satisfactory to the Director, the Director shall cause to be issued a certificate of title as provided in this chapter.

      3.  Except as otherwise provided in NRS 371.070 [,] and subsections 6 and 7, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.

      4.  The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.

      5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.

      6.  A trailer being registered pursuant to section 1.4 of this act must be taxed for the purposes of the governmental services tax for a 3-year period.

      7.  A full trailer or semitrailer being registered pursuant to subsection 3 of NRS 482.483 must be taxed for the purposes of the governmental services tax in the amount of $86. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.

      Sec. 4. NRS 482.2705 is hereby amended to read as follows:

      482.2705  1.  The Director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  Except as otherwise provided by specific statute, the Director shall determine the combinations of letters and numbers which constitute the designations for license plates assigned to passenger cars and trucks.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any [annual] extensions by stickers.

      Sec. 4.5. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270 [.] , except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

 


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ê2013 Statutes of Nevada, Page 2832 (Chapter 475, AB 336)ê

 

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive.

      Sec. 5. NRS 482.285 is hereby amended to read as follows:

      482.285  1.  If any certificate of registration or certificate of title is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the Department and upon payment of the required fees.

      2.  If any license plate or plates or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain:

      (a) A duplicate number plate or a substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

Ê as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      3.  If any license plate or plates or any decal is stolen, the person to whom it was issued shall immediately make application for and obtain:

      (a) A substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

Ê as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      4.  The Department shall issue duplicate number plates or substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Returns the mutilated or illegible plates to the Department or signs a declaration that the plates were lost, mutilated or illegible; and

      (b) Complies with the provisions of subsection 6.

      5.  The Department shall issue substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Signs a declaration that the plates were stolen; and

      (b) Complies with the provisions of subsection 6.

      6.  Except as otherwise provided in this subsection, an applicant who desires duplicate number plates or substitute number plates must make application for renewal of registration. [Credit] Except as otherwise provided in subsection 7 of NRS 482.260, credit must be allowed for the portion of the registration fee and governmental services tax attributable to the remainder of the current registration period. In lieu of making application for renewal of registration, an applicant may elect to make application solely for:

      (a) Duplicate number plates or substitute number plates, and a substitute decal, if the previous license plates were lost, mutilated or illegible; or

      (b) Substitute number plates and a substitute decal, if the previous license plates were stolen.

      7.  An applicant who makes the election described in subsection 6 retains the current date of expiration for the registration of the applicable vehicle and is not, as a prerequisite to receiving duplicate number plates or substitute number plates or a substitute decal, required to:

 


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ê2013 Statutes of Nevada, Page 2833 (Chapter 475, AB 336)ê

 

      (a) Submit evidence of compliance with controls over emission; or

      (b) Pay the registration fee and governmental services tax attributable to a full [12-month] period of registration.

      Sec. 6. NRS 482.3667 is hereby amended to read as follows:

      482.3667  1.  The Department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.

      2.  The Department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks or trailers [.] , except that such plates may not be issued for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      3.  [Personalized] Except as otherwise provided in section 1.4 of this act, personalized prestige license plates are valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter.

      4.  In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee has priority.

      5.  The Department may limit by regulation the number of letters and numbers used and prohibit the use of inappropriate letters or combinations of letters and numbers.

      6.  The Department shall not assign to any person not holding the relevant office any letters and numbers denoting that the holder holds a public office.

      Sec. 7. NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:

      (a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;

      (b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;

      (c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;

      (d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;

      (e) The organization is nondiscriminatory; and

      (f) The license plate will not promote a specific religion, faith or antireligious belief.

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

 


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      (b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization;

      (c) Must include proof that the organization satisfies the requirements set forth in subsection 1;

      (d) Must be accompanied by a surety bond posted with the Department in the amount of $5,000; and

      (e) May be accompanied by suggestions for the design of and colors to be used in the special license plate.

      3.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if:

      (a) The Department determines that the application for that plate complies with subsection 2; and

      (b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.

      4.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to this section;

      (b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and

      (c) Complies with the requirements of subsection 7 of NRS 482.270,

Ê for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

      5.  The Department must promptly release the surety bond posted pursuant to subsection 2:

      (a) If the Department or the Commission on Special License Plates determines not to issue the special license plate; or

      (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 8. NRS 482.3747 is hereby amended to read as follows:

      482.3747  1.  The Department, in cooperation with the Board of Regents and the athletic departments of the University of Nevada, Reno, and the University of Nevada, Las Vegas, shall design, prepare and issue collegiate license plates, using any appropriate colors and designs to represent each university.

 


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ê2013 Statutes of Nevada, Page 2835 (Chapter 475, AB 336)ê

 

      2.  The Department may issue collegiate license plates for any passenger car or light commercial vehicle upon application by any person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with collegiate license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the collegiate license plates pursuant to subsections 3 and 4.

      3.  The fee for the collegiate license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. Collegiate license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and governmental services taxes, a person who requests a collegiate license plate shall pay for the initial issuance of a plate an additional fee of $25 and for each renewal of the plate an additional fee of $20 for academic and athletic scholarships to students of the University of Nevada, Reno, and the University of Nevada, Las Vegas.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Collegiate License Plate Account in the State General Fund created pursuant to NRS 396.384.

      6.  If, during a registration [year,] period, the holder of collegiate plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 9. NRS 482.3748 is hereby amended to read as follows:

      482.3748  1.  Except as otherwise provided in this section, the Department, in cooperation with the Grand Lodge of Free and Accepted Masons of the State of Nevada, shall design, prepare and issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department shall issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons.

      3.  An application for the issuance or renewal of license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is void unless it has been stamped or otherwise validated by the Grand Lodge of Free and Accepted Masons. The Grand Lodge of Free and Accepted Masons may charge a fee for validating an application.

 


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ê2013 Statutes of Nevada, Page 2836 (Chapter 475, AB 336)ê

 

      4.  The fee payable to the Department for license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

      5.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      6.  For the purposes of this section, “Grand Lodge of Free and Accepted Masons” means the Grand Lodge of Free and Accepted Masons of the State of Nevada, or its successor, and any recognized sister jurisdiction or organization of the Grand Lodge of Free and Accepted Masons.

      Sec. 10. NRS 482.3749 is hereby amended to read as follows:

      482.3749  1.  The Department shall, in cooperation with the Nevada Commission on Sports and using any colors and designs that the Department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words “hall of fame.”

      2.  The Department shall issue license plates that indicate status as a hall of fame athlete for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.

      3.  An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of identity and status as a hall of fame athlete.

      4.  In addition to all other applicable registration and license fees and governmental services taxes:

      (a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the Department of $35.

      (b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the Department of $10.

      5.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

 


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ê2013 Statutes of Nevada, Page 2837 (Chapter 475, AB 336)ê

 

      6.  As used in this section, “hall of fame athlete” means a current or former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:

      (a) The National Baseball Hall of Fame, located in Cooperstown, New York.

      (b) The Basketball Hall of Fame, located in Springfield, Massachusetts.

      (c) The Pro Football Hall of Fame, located in Canton, Ohio.

      (d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.

      (e) The National Soccer Hall of Fame, located in Oneonta, New York.

      (f) The International Tennis Hall of Fame, located in Newport, Rhode Island.

      (g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.

      (h) Any hall of fame which has been established at a university, state college or community college within the Nevada System of Higher Education.

      Sec. 10.5. NRS 482.375 is hereby amended to read as follows:

      482.375  1.  An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $35, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words “RADIO AMATEUR” and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The annual fee for a renewal sticker is $10 unless waived by the Department pursuant to subsection 2. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck [.] , except that such plates may not be used on a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      2.  The Department may waive the annual fee for a renewal sticker if the applicant for renewal:

      (a) Submits with the application for renewal a statement under penalty of perjury that the applicant will assist in communications during local, state and federal emergencies; and

      (b) Satisfies any other requirements established by the Department by regulation for such a waiver.

      3.  The cost of the die and modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.

      4.  The Department may adopt regulations:

      (a) To ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates.

      (b) Setting forth the requirements and procedure for obtaining a waiver of the annual fee for a renewal sticker.

      5.  All applications for the plates authorized by this section must be made to the Department.

 


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ê2013 Statutes of Nevada, Page 2838 (Chapter 475, AB 336)ê

 

      Sec. 11. NRS 482.3753 is hereby amended to read as follows:

      482.3753  1.  Except as otherwise provided in this section, the Department, in cooperation with professional full-time salaried firefighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department shall issue license plates that recognize current or former employment as a professional full-time salaried firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former employment as a professional full-time salaried firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried firefighter.

      3.  An application for the issuance or renewal of license plates that recognize current or former employment as a professional full-time salaried firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicant’s:

      (a) Current employment as a professional full-time salaried firefighter; or

      (b) Status as a former professional full-time salaried firefighter who retired from employment after completing at least 10 years of creditable service as a firefighter within this State with:

             (1) A fire department; or

             (2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

      4.  Proof of an applicant’s current or former employment as a professional full-time salaried firefighter must consist of:

      (a) An identification card issued by the Professional Fire Fighters of Nevada or its successor;

      (b) An identification card issued by the Nevada Fire Chiefs Association or its successor; or

      (c) A letter certifying the applicant’s current or former employment as a professional full-time salaried firefighter, which letter must be from:

             (1) The Professional Fire Fighters of Nevada or its successor;

             (2) The Nevada Fire Chiefs Association or its successor; or

             (3) The chief officer of a federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

      5.  The fee payable to the Department for license plates that recognize current or former employment as a professional full-time salaried firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes.

 


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ê2013 Statutes of Nevada, Page 2839 (Chapter 475, AB 336)ê

 

is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

      6.  In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 5, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the Professional Fire Fighters of Nevada Benevolent Association.

      7.  The Department shall deposit the fees collected pursuant to subsection 6 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Professional Fire Fighters of Nevada Benevolent Association.

      8.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      9.  As used in this section, “professional full-time salaried firefighter” means a person employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public.

      Sec. 12. NRS 482.3754 is hereby amended to read as follows:

      482.3754  1.  Except as otherwise provided in this section, the Department, in cooperation with the Nevada State Firefighters’ Association or its successor, shall design, prepare and issue license plates that recognize current or former service as a volunteer firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department shall issue license plates that recognize current or former service as a volunteer firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former service as a volunteer firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former service as a volunteer firefighter.

      3.  An application for the issuance or renewal of license plates that recognize current or former service as a volunteer firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicant’s current service as a volunteer firefighter or status as a former volunteer firefighter who retired from service as a volunteer firefighter within this State after completing at least 10 years of active service.

 


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ê2013 Statutes of Nevada, Page 2840 (Chapter 475, AB 336)ê

 

firefighter within this State after completing at least 10 years of active service. Proof of an applicant’s current or former service as a volunteer firefighter must consist of:

      (a) An identification card which indicates that the applicant currently serves as a volunteer firefighter; or

      (b) A letter from the chief officer of a volunteer or combination fire department certifying the applicant’s current or former service as a volunteer firefighter.

      4.  The fee payable to the Department for license plates that recognize current or former service as a volunteer firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

      5.  In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 4, a person who requests a set of license plates that recognize current or former service as a volunteer firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the training of volunteer firefighters.

      6.  The Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection and reserve such money for expenditure by the State Fire Marshal in accordance with this subsection. The State Fire Marshal may expend the money reserved pursuant to this subsection solely for the support of, and to pay expenses related to, training for volunteer firefighters provided by or as directed by the Board of Directors of the Nevada State Firefighters’ Association or its successor.

      7.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      8.  As used in this section:

      (a) “Combination fire department” means a fire department that is:

             (1) Served by both volunteer and full-time salaried firefighters; and

             (2) Recognized as such by the State Fire Marshal.

      (b) “Volunteer fire department” means a fire department recognized as a bona fide volunteer fire department by the State Fire Marshal.

      (c) “Volunteer firefighter” means a person who serves actively in an unpaid capacity in a volunteer or combination fire department within this State as a firefighter for the benefit or safety of the public.

      Sec. 13. NRS 482.3763 is hereby amended to read as follows:

      482.3763  1.  The Director shall order the preparation of special license plates for the support of outreach programs and services for veterans and their families and establish procedures for the application for and issuance of the plates.

 


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ê2013 Statutes of Nevada, Page 2841 (Chapter 475, AB 336)ê

 

      2.  The Department shall, upon application therefor and payment of the prescribed fees, issue special license plates for the support of outreach programs and services for veterans and their families to:

      (a) A veteran of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard;

      (b) A female veteran; or

      (c) The spouse, parent or child of a person described in paragraph (a) or (b).

Ê The plates must be inscribed with the word “VETERAN” and with the seal of the branch of the Armed Forces of the United States, the seal of the National Guard or an image representative of the female veterans, as applicable, requested by the applicant. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates for the support of outreach programs and services for veterans and their families if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates for the support of outreach programs and services for veterans and their families pursuant to subsection 4.

      3.  If, during a registration [year,] period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      4.  In addition to all other applicable registration and license fees and governmental services taxes, and to the special fee imposed pursuant to NRS 482.3764 for the support of outreach programs and services for veterans and their families, the fee for:

      (a) The initial issuance of the special license plates is $35.

      (b) The annual renewal sticker is $10.

      5.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $10.

      Sec. 14. NRS 482.379 is hereby amended to read as follows:

      482.379  1.  The Director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and establish the procedures for the application and issuance of the plates.

      2.  The Department may designate any colors, numbers and letters for the commemorative plates.

      3.  A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.

      4.  The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and governmental services taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

 


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ê2013 Statutes of Nevada, Page 2842 (Chapter 475, AB 336)ê

 

combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

      5.  In addition to all fees for the license, registration and governmental services taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada’s admission into the Union. The fees for the license, registration, and governmental services taxes and the charge for the celebration may be paid with a single check.

      6.  Commemorative plates are renewable upon the payment of $10.

      7.  If during a registration [year,] period, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Within 30 days after removing the plates from the vehicle, return them to the Department; or

      (b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter.

      8.  Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a replacement license plate or set of replacement license plates, as the case may be, from the Department upon payment of the fees set forth in subsection 2 of NRS 482.500.

      9.  The Department shall, for each set of commemorative license plates that it issues:

      (a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the State Treasurer for credit to the Account for Nevada’s 125th Anniversary in the State General Fund;

      (b) Deposit $7.50 with the State Treasurer for credit to the Motor Vehicle Fund pursuant to the provisions of NRS 482.180; and

      (c) Deposit $2.50 with the State Treasurer for credit to the Department to reimburse the Department for the cost of manufacturing the license plates.

      10.  The Department shall not:

      (a) Issue the commemorative license plates after October 31, 1990.

      (b) Issue replacement commemorative license plates after June 30, 1995.

      Sec. 15. NRS 482.37903 is hereby amended to read as follows:

      482.37903  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Board of Museums and History of the Department of Tourism and Cultural Affairs, shall design, prepare and issue license plates which commemorate the 100th anniversary of the founding of the City of Las Vegas, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the commemorative license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of the commemorative license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.

 


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plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.

      3.  The fee for the commemorative license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees to the City Treasurer of the City of Las Vegas to be used to pay for projects relating to the commemoration of the history of the City of Las Vegas, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings or structures.

      6.  If, during a registration [year,] period, the holder of the commemorative license plates disposes of the vehicle to which the commemorative license plates are affixed, the holder shall:

      (a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the Department.

      Sec. 16. NRS 482.37905 is hereby amended to read as follows:

      482.37905  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the organizations in this State which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates that encourage the donation of human organs, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that encourage the donation of human organs if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to subsections 3 and 4.

      3.  The fee for license plates to encourage the donation of human organs is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

 


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      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who, on or after July 1, 2003:

      (a) Requests a set of license plates to encourage the donation of human organs must pay for the initial issuance of the plates an additional fee of $25, to be deposited pursuant to subsection 5; and

      (b) Renews a set of license plates to encourage the donation of human organs must pay for each renewal of the plates an additional fee of $20, to be deposited pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Anatomical Gift Account created in the State General Fund by NRS 460.150.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 17. NRS 482.37917 is hereby amended to read as follows:

      482.37917  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with the State Department of Agriculture and the Nevada Future Farmers of America Foundation or its successor, shall design, prepare and issue license plates which indicate support for the promotion of agriculture within this State, including, without limitation, support for the programs and activities of the Future Farmers of America or its successor within this State, using any colors that the Department deems appropriate. The design of the license plates must include the phrase “People Grow Things Here!” and an identifying symbol furnished by the Nevada Future Farmers of America Foundation or its successor. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates which indicate support for the promotion of agriculture within this State, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the promotion of agriculture within this State if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this State pursuant to subsections 3 and 4.

      3.  The fee for license plates which indicate support for the promotion of agriculture within this State is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

 


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      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates which indicate support for the promotion of agriculture within this State must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in accordance with subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section in the following manner:

      (a) Remit one-half of the fees to the Nevada Future Farmers of America Foundation or its successor for the support of programs and activities of the Future Farmers of America or its successor within this State.

      (b) Deposit one-half of the fees for credit to the Account for License Plates for the Promotion of Agriculture Within this State created pursuant to NRS 561.411.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 18. NRS 482.379175 is hereby amended to read as follows:

      482.379175  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department shall design, prepare and issue license plates for the appreciation of animals, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the appreciation of animals, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the appreciation of animals if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the appreciation of animals pursuant to subsections 3 and 4.

      3.  The fee for license plates for the appreciation of animals is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the appreciation of animals must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in the manner prescribed in subsection 5.

 


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for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in the manner prescribed in subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute to each county the fees collected for the preceding quarter for license plates for vehicles registered in that county. The money may be used by the county only:

      (a) For programs that are approved by the board of county commissioners for the adoption of animals and for the spaying and neutering of animals.

      (b) To make grants to nonprofit organizations to carry out the programs described in paragraph (a).

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 19. NRS 482.37918 is hereby amended to read as follows:

      482.37918  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with the Nevada Test Site Historical Foundation or its successor, shall design, prepare and issue license plates for the support of the preservation of the history of atomic testing in Nevada, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the preservation of the history of atomic testing in Nevada, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation of the history of atomic testing in Nevada if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation of the history of atomic testing in Nevada pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the preservation of the history of atomic testing in Nevada is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation of the history of atomic testing in Nevada must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

 


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ê2013 Statutes of Nevada, Page 2847 (Chapter 475, AB 336)ê

 

plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Test Site Historical Foundation or its successor for its programs and activities in support of the preservation of the history of atomic testing in Nevada.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 20. NRS 482.379185 is hereby amended to read as follows:

      482.379185  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with Nevada Ducks Unlimited or its successor, shall design, prepare and issue license plates for the support of the conservation of wetlands, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

      2.  If the Department receives at least 1,000 applications for the issuance of license plates for the support of the conservation of wetlands, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the conservation of wetlands if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the conservation of wetlands pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the conservation of wetlands is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the conservation of wetlands must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Treasurer of Nevada Ducks Unlimited or its successor for use by Nevada Ducks Unlimited or its successor in carrying out:

 


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      (a) Projects for the conservation of wetlands that are:

             (1) Conducted within Nevada; and

             (2) Sponsored or participated in by Nevada Ducks Unlimited or its successor; and

      (b) Fundraising activities for the conservation of wetlands that are:

             (1) Conducted within Nevada; and

             (2) Sponsored or participated in by Nevada Ducks Unlimited or its successor.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      7.  As used in this section, “wetland” has the meaning ascribed to it in NRS 244.388.

      Sec. 21. NRS 482.37919 is hereby amended to read as follows:

      482.37919  1.  Except as otherwise provided in this subsection, the Department shall, in cooperation with the Board of Directors of the Las Vegas Valley Water District, design, prepare and issue license plates to support the desert preserve established by the Board of Directors of the Las Vegas Valley Water District. The license plates may include any colors and designs that the Department deems appropriate.

      2.  The Department may issue license plates specified in subsection 1 for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to the provisions of NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to the provisions of this chapter. A person may request that personalized prestige license plates issued pursuant to the provisions of NRS 482.3667 be combined with license plates specified in subsection 1 if that person pays, in addition to the fees specified in subsections 3 and 4, the fees for the personalized prestige license plates.

      3.  The fee for license plates specified in subsection 1 is $35. The fee is in addition to any other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to the fees for the license, registration and governmental services taxes, a person who requests the issuance of license plates specified in subsection 1 must pay:

      (a) For the initial issuance of the plates, an additional fee of $25; and

      (b) For each renewal of the plates, an additional $20 to support the desert preserve specified in subsection 1.

      5.  The Department shall deposit the fees collected pursuant to the provisions of subsection 4 with the State Treasurer for credit to an Account for the Support of the Desert Preserve established by the Board of Directors of the Las Vegas Valley Water District. On or before January 1, April 1, July 1 and October 1 of each year, the State Controller shall distribute the money deposited in the Account for the preceding quarter to the Board of Directors of the Las Vegas Valley Water District.

 


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ê2013 Statutes of Nevada, Page 2849 (Chapter 475, AB 336)ê

 

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Affix the license plates to another vehicle that meets the requirements of this section if the transfer and registration fees are paid pursuant to the provisions of this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return the plates to the Department.

      Sec. 22. NRS 482.3792 is hereby amended to read as follows:

      482.3792  1.  Except as otherwise provided in this subsection, the Department of Motor Vehicles shall, in cooperation with the Nevada Arts Council of the Department of Tourism and Cultural Affairs, design, prepare and issue license plates for the support of the education of children in the arts, using any colors and designs which the Department of Motor Vehicles deems appropriate. The Department of Motor Vehicles shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department of Motor Vehicles may issue license plates for the support of the education of children in the arts for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the education of children in the arts if that person pays the fee for the personalized prestige license plates in addition to the fees for the license plates for the support of the education of children in the arts pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the education of children in the arts is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and governmental services taxes, a person who requests a set of license plates for the support of the education of children in the arts must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to finance programs which promote the education of children in the arts.

      5.  The Department of Motor Vehicles shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Account for License Plates for the Support of the Education of Children in the Arts created pursuant to NRS 233C.094.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department of Motor Vehicles.

 


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      Sec. 23. NRS 482.3793 is hereby amended to read as follows:

      482.3793  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Director of the Clearinghouse established pursuant to NRS 432.170, shall design, prepare and issue license plates for the support of missing or exploited children. The license plates must be inscribed with a hand. The Department may designate any appropriate colors for the license plates. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department may issue license plates for the support of missing or exploited children for any passenger car or light commercial vehicle upon application by any person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of missing or exploited children if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of missing or exploited children pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of missing or exploited children is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and governmental services taxes, a person who requests a set of license plates for the support of missing or exploited children must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to carry out the provisions of NRS 432.150 to 432.220, inclusive.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Account for License Plates for the Support of Missing or Exploited Children created pursuant to NRS 432.154.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 24. NRS 482.37933 is hereby amended to read as follows:

      482.37933  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Division of State Lands of the State Department of Conservation and Natural Resources, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Lake Tahoe and its surrounding area. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department may issue license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.

 


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ê2013 Statutes of Nevada, Page 2851 (Chapter 475, AB 336)ê

 

Basin for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and governmental services taxes, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the preservation and restoration of the natural environment of the Lake Tahoe Basin.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin created pursuant to NRS 321.5951.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 25. NRS 482.37934 is hereby amended to read as follows:

      482.37934  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with the Outside Las Vegas Foundation or its successor, shall design, prepare and issue license plates to support preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates pursuant to this section, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees prescribed pursuant to subsections 3 and 4 for the license plates issued pursuant to this section.

 


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ê2013 Statutes of Nevada, Page 2852 (Chapter 475, AB 336)ê

 

plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees prescribed pursuant to subsections 3 and 4 for the license plates issued pursuant to this section.

      3.  The fee for license plates issued pursuant to this section is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates pursuant to this section must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the Outside Las Vegas Foundation or its successor for its programs and activities in support of preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 26. NRS 482.37935 is hereby amended to read as follows:

      482.37935  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Division of State Lands of the State Department of Conservation and Natural Resources, shall design, prepare and issue license plates for the support of the natural environment of the Mount Charleston area using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Mount Charleston and its surrounding area. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the natural environment of the Mount Charleston area, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.

 


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      3.  The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the natural environment of the Mount Charleston area must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Board of County Commissioners of Clark County. The fees distributed pursuant to this subsection:

      (a) May be used by the Board of County Commissioners, with the advice of the Mount Charleston Town Advisory Board or its successor, only:

             (1) For the support of programs for the natural environment of the Mount Charleston area, including, without limitation, programs to improve the wildlife habitat, the ecosystem, the forest, public access to the area and its recreational use.

             (2) To make grants to governmental entities and nonprofit organizations to carry out the programs described in subparagraph (1).

      (b) Must not be used to replace or supplant money available from other sources.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 27. NRS 482.379355 is hereby amended to read as follows:

      482.379355  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with the Immigrant Workers Citizenship Project or its successor, shall design, prepare and issue license plates for the support of naturalized citizenship, using any colors and designs that the Department deems appropriate. The design of the license plates must include a depiction of the Aztec Calendar. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

      2.  If the Department receives at least 1,000 applications for the issuance of license plates for the support of naturalized citizenship, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of naturalized citizenship if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of naturalized citizenship pursuant to subsections 3 and 4.

 


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ê2013 Statutes of Nevada, Page 2854 (Chapter 475, AB 336)ê

 

person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of naturalized citizenship pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of naturalized citizenship is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of naturalized citizenship must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Immigrant Workers Citizenship Project or its successor for its programs and charitable activities in support of naturalized citizenship.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 28. NRS 482.379365 is hereby amended to read as follows:

      482.379365  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the State Emergency Response Commission, shall design, prepare and issue “United We Stand” license plates to reflect public solidarity after the acts of terrorism committed on September 11, 2001. The design of the license plates must include the phrase “United We Stand” and incorporate an image of the flag of the United States. The colors red, white and blue must be displayed on the license plates. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

      2.  If the Department receives at least 1,000 applications for the issuance of “United We Stand” license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with “United We Stand” license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the “United We Stand” license plates pursuant to subsections 3 and 4.

      3.  The fee for “United We Stand” license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

 


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ê2013 Statutes of Nevada, Page 2855 (Chapter 475, AB 336)ê

 

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of “United We Stand” license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Contingency Account for Hazardous Materials created by NRS 459.735 in the State General Fund.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 29. NRS 482.37937 is hereby amended to read as follows:

      482.37937  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

 


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ê2013 Statutes of Nevada, Page 2856 (Chapter 475, AB 336)ê

 

Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:

      (a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:

             (1) Providing matching money for grants that are available from federal or state agencies for such purposes; and

             (2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.

      (b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.

      (c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 30. NRS 482.379375 is hereby amended to read as follows:

      482.379375  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Reno Recreation and Parks Commission or its successor, shall design, prepare and issue license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless:

      (a) The Commission on Special License Plates approves the design, preparation and issuance of those plates as described in NRS 482.367004; and

      (b) The Department receives at least 1,000 applications for the issuance of those plates.

      2.  If the Commission on Special License Plates approves the design, preparation and issuance of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsection 1, and the Department receives at least 1,000 applications for the issuance of the license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.

 


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ê2013 Statutes of Nevada, Page 2857 (Chapter 475, AB 336)ê

 

complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the City Treasurer of the City of Reno to be used to pay for the support and enhancement of parks, recreation facilities and programs in the City of Reno.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 31. NRS 482.37938 is hereby amended to read as follows:

      482.37938  1.  Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with the Reno Rodeo Foundation and the Nevada High School Rodeo Association or their successors, shall design, prepare and issue license plates for the support of rodeos, including support for the programs and charitable activities of the Reno Rodeo Foundation and the Nevada High School Rodeo Association, or their successors, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of rodeos, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of rodeos if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of rodeos pursuant to subsections 3 and 4.

 


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ê2013 Statutes of Nevada, Page 2858 (Chapter 475, AB 336)ê

 

personalized prestige license plates in addition to the fees for the license plates for the support of rodeos pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of rodeos is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of rodeos must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the following manner:

      (a) Remit one-half of the fees to the Reno Rodeo Foundation or its successor for the support of programs and charitable activities of the Reno Rodeo Foundation or its successor.

      (b) Remit one-half of the fees to the Nevada High School Rodeo Association or its successor for the support of programs and charitable activities of the Nevada High School Rodeo Association or its successor.

Ê The Nevada High School Rodeo Association or its successor may grant a portion of the proceeds it receives pursuant to this subsection to one or more high school rodeo associations established in this State for the support of those associations.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 32. NRS 482.37945 is hereby amended to read as follows:

      482.37945  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the Department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase “The Virginia & Truckee Lives.” The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.

 


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ê2013 Statutes of Nevada, Page 2859 (Chapter 475, AB 336)ê

 

combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  The Department shall transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.

      6.  If, during a registration [year,] period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 33. NRS 482.3812 is hereby amended to read as follows:

      482.3812  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not later than 1948.

      2.  License plates issued pursuant to this section must be inscribed with the words “STREET ROD” and three or four consecutive numbers.

      3.  If, during a registration [year,] period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

 


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ê2013 Statutes of Nevada, Page 2860 (Chapter 475, AB 336)ê

 

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 34. NRS 482.3816 is hereby amended to read as follows:

      482.3816  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less;

      (b) Manufactured at least 25 years before the application is submitted to the Department; and

      (c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.

      2.  License plates issued pursuant to this section must be inscribed with the words “CLASSIC VEHICLE” and three or four consecutive numbers.

      3.  If, during a registration [year,] period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 34.1. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

 


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ê2013 Statutes of Nevada, Page 2861 (Chapter 475, AB 336)ê

 

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, and full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive. The term includes the successor, if any, of a charitable organization.

      Sec. 34.2. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  [The] Except as otherwise provided in subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest.

 


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ê2013 Statutes of Nevada, Page 2862 (Chapter 475, AB 336)ê

 

registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, no refund may be allowed by the Department.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  [If] Except as otherwise provided in subsection 2 of NRS 371.040 and subsection 7 of NRS 482.260, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall, in accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances.

 


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license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 34.5. NRS 482.483 is hereby amended to read as follows:

      482.483  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the Department:

      1.  [For] Except as otherwise provided in subsection 3, for every trailer or semitrailer having an unladen weight of 1,000 pounds or less, a flat registration fee of $12.

      2.  [For] Except as otherwise provided in subsection 3, for every trailer having an unladen weight of more than 1,000 pounds, a flat registration fee of $24.

      3.  For any full trailer or semitrailer, other than a recreational vehicle or travel trailer, for a nontransferable registration that does not expire until the owner transfers the ownership of the full trailer or semitrailer, a flat nonrefundable registration fee of $24. If, pursuant to NRS 482.399, the owner of a full trailer or semitrailer that is registered pursuant to this section cancels the registration and surrenders the license plates to the Department, no portion of the flat registration fee will be refunded to the owner.

      Sec. 35. NRS 482.520 is hereby amended to read as follows:

      482.520  Whenever the owner of any motor vehicle, trailer or semitrailer which is stolen or embezzled files an affidavit alleging such fact with the Department, it shall immediately suspend the registration of and refuse to reregister such vehicle until such time as it is notified that the owner has recovered the vehicle, but notices given as herein provided shall be effective only during the current registration [year] period in which given. If during such [year] period the vehicle is not recovered a new affidavit may be filed with like effect during the ensuing [year.] period. Every owner who has filed an affidavit of theft or embezzlement must immediately notify the Department of the recovery of such vehicle.

      Sec. 36. NRS 371.040 is hereby amended to read as follows:

      371.040  [The]

      1.  Except as otherwise provided in subsection 2, the annual amount of the basic governmental services tax throughout the State is 4 cents on each $1 of valuation of the vehicle as determined by the Department.

      2.  A full trailer or semitrailer registered pursuant to subsection 3 of NRS 482.483 is subject to the basic governmental services tax in the nonrefundable amount of $86 each time such a full trailer or semitrailer is registered pursuant to subsection 3 of NRS 482.483.

 


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      Sec. 37. NRS 371.060 is hereby amended to read as follows:

      371.060  1.  Except as otherwise provided in subsection 2 [,] and subsection 2 of NRS 371.040, each vehicle must be depreciated by the Department for the purposes of the annual governmental services tax according to the following schedule:

                                                                                                                     Percentage of

Age                                                                                                    Initial Value

 

New................................................................................................ 100 percent

1 year............................................................................................... 95 percent

2 years............................................................................................. 85 percent

3 years............................................................................................. 75 percent

4 years............................................................................................. 65 percent

5 years............................................................................................. 55 percent

6 years............................................................................................. 45 percent

7 years............................................................................................. 35 percent

8 years............................................................................................. 25 percent

9 years or more............................................................................... 15 percent

 

      2.  [Each] Except as otherwise provided in subsection 2 of NRS 371.040, each bus, truck or truck-tractor having a declared gross weight of 10,000 pounds or more and each trailer or semitrailer having an unladen weight of 4,000 pounds or more must be depreciated by the Department for the purposes of the annual governmental services tax according to the following schedule:

                                                                                                                     Percentage of

Age                                                                                                    Initial Value

 

New................................................................................................ 100 percent

1 year............................................................................................... 85 percent

2 years............................................................................................. 69 percent

3 years............................................................................................. 57 percent

4 years............................................................................................. 47 percent

5 years............................................................................................. 38 percent

6 years............................................................................................. 33 percent

7 years............................................................................................. 30 percent

8 years............................................................................................. 27 percent

9 years............................................................................................. 25 percent

10 years or more............................................................................. 23 percent

 

      3.  Notwithstanding any other provision of this section, the minimum amount of the governmental services tax:

      (a) On any trailer having an unladen weight of 1,000 pounds or less is $3; and

      (b) On any other vehicle is $16.

      4.  For the purposes of this section, a vehicle shall be deemed a “new” vehicle if the vehicle has never been registered with the Department and has never been registered with the appropriate agency of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.

 


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ê2013 Statutes of Nevada, Page 2865 (Chapter 475, AB 336)ê

 

      Sec. 38. NRS 371.070 is hereby amended to read as follows:

      371.070  [Upon] Except as otherwise provided in subsection 2 of NRS 371.040, upon the registration for the first time in this State after the beginning of the period of registration of a vehicle which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which has a declared gross weight in excess of 26,000 pounds, the amount of the governmental services tax must be reduced one-twelfth for each month which has elapsed since the beginning of the period of registration.

      Sec. 39.  This act becomes effective on January 1, 2015.

________

CHAPTER 476, SB 3

Senate Bill No. 3–Committee on Health and Human Services

 

CHAPTER 476

 

[Approved: June 11, 2013]

 

AN ACT relating to indigent persons; revising provisions relating to payments by certain smaller counties for certain medical assistance to indigent persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the board of county commissioners of each county is required to establish a tax rate of at least 6 cents and not more than 10 cents on each $100 of assessed valuation for deposit into a fund for medical assistance to indigent persons. Existing law designates the equivalent of 1 cent of the amount collected to be credited to the Supplemental Account for Medical Assistance to Indigent Persons. (NRS 428.275, 428.285) This bill requires a board of county commissioners in a county whose population is less than 100,000 (currently all counties other than Clark County and Washoe County) to remit money to the State Controller in an amount determined by the Director of the Department of Health and Human Services to be adequate to include in the State Plan for Medicaid the payment of the nonfederal share of certain expenditures relating to long-term care. In addition, this bill limits the amount that such counties may be required to remit to not more than the equivalent of the amount collected from 8 cents on each $100 of assessed valuation of all taxable property in the county.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 428.285 is hereby amended to read as follows:

      428.285  1.  The board of county commissioners of each county shall establish a tax rate of at least 6 cents on each $100 of assessed valuation for the purposes of the tax imposed pursuant to subsection 2. A board of county commissioners may increase the rate to not more than 10 cents on each $100 of assessed valuation.

      2.  In addition to the levies provided in NRS 428.050 and 428.185 and any tax levied pursuant to NRS 450.425, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

 


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shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

      3.  For each fiscal year beginning on or after July 1, 1989, the board of county commissioners of each county shall remit to the State Controller from the money in the fund an amount of money equivalent to the amount collected from 1 cent on each $100 of assessed valuation of all taxable property in the county for credit to the Supplemental Account.

      4.  For each fiscal year beginning on or after July 1, 2013, in a county whose population is less than 100,000, the board of county commissioners shall, pursuant to an interlocal agreement with the State, remit to the State Controller an amount of money determined by the Director of the Department of Health and Human Services to be adequate for the State Plan for Medicaid to include the payment of the nonfederal share of expenditures set forth in NRS 422.272. In such a county, the amount of money that the board of county commissioners may be required to remit, as determined by the Director pursuant to this subsection, must not exceed an amount of money equivalent to the amount collected from 8 cents on each $100 of assessed valuation of all taxable property in the county.

      5.  The tax so levied and its proceeds must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 477, SB 109

Senate Bill No. 109–Senators Settelmeyer, Gustavson; Cegavske and Goicoechea

 

CHAPTER 477

 

[Approved: June 11, 2013]

 

AN ACT relating to off-highway vehicles; authorizing the operation of an off-highway vehicle for the purposes of display, demonstration, maintenance, sale or exchange under certain circumstances; requiring the Department of Motor Vehicles to furnish special plates for an off-highway vehicle under certain circumstances; specifying the required dimensions of a registration sticker or decal provided by the Department for an off-highway vehicle; revising provisions governing the registration and operation of an off-highway vehicle and the licensing of an off-highway dealer, long-term lessor, short-term lessor and manufacturer; and providing other matters properly relating thereto.

 

 

 

 


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ê2013 Statutes of Nevada, Page 2867 (Chapter 477, SB 109)ê

 

Legislative Counsel’s Digest:

      Existing law allows a manufacturer, distributor, dealer or rebuilder of motor vehicles to operate vehicles for the purposes of display, demonstration, maintenance, sale or exchange if the person attaches special plates to the motor vehicle. (NRS 482.320) The Department of Motor Vehicles provides those special plates to the person upon issuance of a license certificate. (NRS 482.330) Sections 2 and 3 of this bill set forth similar provisions applicable to dealers, lessors and manufacturers of off-highway vehicles.

      Existing law exempts certain off-highway vehicles from registration requirements. (NRS 490.082) Section 4 of this bill exempts from registration any off-highway vehicle: (1) operated solely in an organized race, festival or other event conducted under the auspices of a sanctioning body or by permit; (2) operated or stored on privately owned or leased land; (3) operated while engaged in an approved search-and-rescue operation; or (4) that has a displacement of not more than 70 cubic centimeters. Under existing law, an off-highway vehicle that is registered or certified in another state and is located in this State for not more than 60 days is exempt from the requirement to register in this State. (NRS 490.082) Section 4 reduces the period of exemption from 60 to 15 days.

      Section 4.5 of this bill revises the dimensions of the registration sticker or decal for an off-highway vehicle, providing that the sticker or decal must be at least 3 inches high by 3 1/2 inches wide.

      Existing law requires that any off-highway vehicle operated on a highway must have at least one headlamp that illuminates objects at least 500 feet ahead of the vehicle and at least one tail lamp that is visible from at least 500 feet behind the vehicle. (NRS 490.120) Section 5 of this bill exempts an off-highway vehicle from this requirement when operated during daylight hours on a highway designated by a county for the operation of the off-highway vehicle without having the headlamp or tail lamp.

      Existing law requires that, in order to obtain a license as a dealer, long-term or short-term lessor or manufacturer of off-highway vehicles, an applicant must: (1) furnish a processing fee, a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and (2) file with the Department a bond of $50,000 or make a deposit with the Department of $50,000. (NRS 490.210, 490.270, 490.280) Section 7 of this bill exempts from the fingerprinting requirement any applicant who has previously met the same requirement as part of an application for a license to operate as a transporter, manufacturer, distributor, dealer, rebuilder, broker or salesperson of motor vehicles. (NRS 482.3163, 482.325, 482.333, 482.362) Section 8 of this bill exempts from the bond or deposit requirement any applicant who has previously filed a bond of $50,000 or more covering certain activities involving off-highway vehicles or made a deposit of $50,000 or more with the Department as part of an application for a license to operate as a broker, manufacturer, distributor, dealer or rebuilder of motor vehicles. (NRS 482.3333, 482.345, 482.346)

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 490 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 NRS 490.160, an off-highway vehicle dealer, long-term or short-term lessor or manufacturer who has an established place of business in this State and who owns or controls any new or used off-highway vehicle that is otherwise required to be registered pursuant to NRS 490.082, may operate that vehicle or allow it to be operated for purposes of display, demonstration, maintenance, sale or exchange if there is displayed thereon a special plate issued to the off-highway vehicle dealer, long-term or short-term lessor or manufacturer as provided in section 3 of this act.

 


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ê2013 Statutes of Nevada, Page 2868 (Chapter 477, SB 109)ê

 

be registered pursuant to NRS 490.082, may operate that vehicle or allow it to be operated for purposes of display, demonstration, maintenance, sale or exchange if there is displayed thereon a special plate issued to the off-highway vehicle dealer, long-term or short-term lessor or manufacturer as provided in section 3 of this act. Owners or officers of the corporation, managers, heads of departments and salespersons may be temporarily assigned and operate an off-highway vehicle displaying the special plate.

      2.  A special plate which is issued to an off-highway vehicle dealer, long-term or short-term lessor or manufacturer pursuant to section 3 of this act may be attached to an off-highway vehicle specified in subsection 1 by a secure means. The plate must not be displayed loosely in the window or by any other unsecured method in or on an off-highway vehicle.

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

      (a) Work or service off-highway vehicles owned or controlled by an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

      (b) Off-highway vehicles leased by off-highway vehicle dealers, long-term or short-term lessors or manufacturers, except off-highway vehicles rented or leased to off-highway vehicle salespersons in the course of their employment.

      (c) Off-highway vehicles which are privately owned by the owners, officers or employees of the off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

      (d) Off-highway vehicles which are being used for personal reasons by a person who is not licensed by the Department or otherwise exempted in subsection 1.

      (e) Off-highway vehicles which have been given or assigned to persons who work for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer for services performed.

      (f) Off-highway vehicles purchased by an off-highway vehicle dealer, long-term or short-term lessor or manufacturer for personal use which the off-highway vehicle dealer, long-term or short-term lessor or manufacturer is not licensed or authorized to resell.

      Sec. 3. 1.  Upon issuance of an off-highway vehicle dealer’s, long-term or short-term lessor’s or manufacturer’s license certificate pursuant to NRS 490.200 or upon the renewal of the license pursuant to NRS 490.210, the Department shall furnish to the off-highway vehicle dealer, long-term or short-term lessor or manufacturer one or more special plates for use on an off-highway vehicle specified in subsection 1 of section 2 of this act. Each plate must have displayed upon it the identification number assigned by the Department to the off-highway vehicle dealer, long-term or short-term lessor or manufacturer, and may include a different letter or symbol on the plate. The off-highway vehicle dealer’s, long-term or short-term lessor’s or manufacturer’s special plates may be used interchangeably on that off-highway vehicle.

      2.  The Department shall issue to each off-highway vehicle dealer, long-term or short-term lessor or manufacturer a reasonable number of special plates.

      Sec. 4. NRS 490.082 is hereby amended to read as follows:

      490.082  1.  An owner of an off-highway vehicle that is acquired:

      (a) Before the effective date of this section:

 


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ê2013 Statutes of Nevada, Page 2869 (Chapter 477, SB 109)ê

 

             (1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

             (2) Except as otherwise provided in subsection 3, shall, within 1 year after the effective date of this section, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

      (b) On or after the effective date of this section, shall, within 30 days after acquiring ownership of the off-highway vehicle:

             (1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

             (2) Except as otherwise provided in subsection 3, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

      2.  If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:

      (a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof prescribed by the Department that he or she is the owner of the off-highway vehicle.

      (b) The registration of the off-highway vehicle, the owner shall submit:

             (1) If ownership of the off-highway vehicle was obtained before the effective date of this section, proof prescribed by the Department:

                   (I) That he or she is the owner of the off-highway vehicle; and

                   (II) Of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle; or

             (2) If ownership of the off-highway vehicle was obtained on or after the effective date of this section:

                   (I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and

                    (II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.

      3.  Registration of an off-highway vehicle is not required if the off-highway vehicle:

      (a) Is owned and operated by:

             (1) A federal agency;

             (2) An agency of this State; or

             (3) A county, incorporated city or unincorporated town in this State;

      (b) Is part of the inventory of a dealer of off-highway vehicles [;] and is affixed with a special plate provided to the off-highway vehicle dealer pursuant to section 3 of this act;

      (c) Is registered or certified in another state and is located in this State for not more than [60] 15 days;

 


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ê2013 Statutes of Nevada, Page 2870 (Chapter 477, SB 109)ê

 

      (d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;

      (e) Is used for work conducted by or at the direction of a public or private utility; [or]

      (f) Was manufactured before January 1, 1976 [.] ;

      (g) Is operated solely in an organized race, festival or other event that is conducted:

             (1) Under the auspices of a sanctioning body; or

             (2) By permit issued by a governmental entity having jurisdiction;

      (h) Except as otherwise provided in paragraph (d), is operated or stored on private land or on public land that is leased to the owner or operator of the off-highway vehicle, including when operated in an organized race, festival or other event;

      (i) Is used in a search and rescue operation conducted by a governmental entity having jurisdiction; or

      (j) Has a displacement of not more than 70 cubic centimeters.

Ê As used in this subsection, “sanctioning body” means an organization that establishes a schedule of racing events, grants rights to conduct those events and establishes and administers rules and regulations governing the persons who conduct or participate in those events.

      4.  The registration of an off-highway vehicle expires 1 year after its issuance. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual renewal fee and a late fee of $25. Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      5.  If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:

      (a) Set forth by the Department by regulation; and

      (b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      6.  The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.

      Sec. 4.5. NRS 490.083 is hereby amended to read as follows:

      490.083  Each registration of an off-highway vehicle must:

      1.  Be in the form of a sticker or decal, as prescribed by the [Department.] Commission.

      2.  Be [approximately the size of a license plate for a motorcycle, as set forth by the Department.] at least 3 inches high by 3 1/2 inches wide and display not more than four characters that are at least 1 1/4 inches high.

      3.  Include the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.

 


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ê2013 Statutes of Nevada, Page 2871 (Chapter 477, SB 109)ê

 

      4.  Be displayed on the off-highway vehicle in the manner set forth by the Commission.

      Sec. 5. NRS 490.120 is hereby amended to read as follows:

      490.120  [In]

      1.  Except as otherwise provided in subsection 2 and in addition to the requirements set forth in NRS 490.070, a person shall not operate an off-highway vehicle on a highway pursuant to NRS 490.090 to 490.130, inclusive, unless the off-highway vehicle has:

      [1.](a) At least one headlamp that illuminates objects at least 500 feet ahead of the vehicle;

      [2.](b) At least one tail lamp that is visible from at least 500 feet behind the vehicle;

      [3.](c) At least one red reflector on the rear of the vehicle, unless the tail lamp is red and reflective;

      [4.](d) A stop lamp on the rear of the vehicle; and

      [5.](e) A muffler which is in working order and which is in constant operation when the vehicle is running.

      2.  The provisions of paragraphs (a) and (b) of subsection 1 do not apply to an off-highway vehicle which is operated during daylight hours on a highway designated by a county pursuant to NRS 490.100 for the operation of the off-highway vehicle without at least one headlamp specified in paragraph (a) of subsection 1 or without at least one tail lamp specified in paragraph (b) of that subsection.

      Sec. 6.  NRS 490.130 is hereby amended to read as follows:

      490.130  The operator of an off-highway vehicle that is being driven on a highway in this State in accordance with NRS 490.090 to 490.130, inclusive, shall:

      1.  Comply with all traffic laws of this State;

      2.  Ensure that the registration of the off-highway vehicle is attached to the vehicle in accordance with NRS 490.083 [;] or a special plate issued pursuant to section 3 of this act is attached to the vehicle; and

      3.  Wear a helmet.

      Sec. 7. NRS 490.210 is hereby amended to read as follows:

      490.210  1.  An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant must furnish:

      (a) Such proof as the Department may deem necessary that the applicant is an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

      (b) A fee of $125.

      (c) Unless the applicant has previously met the requirements of subsection 3 of NRS 482.3163, paragraphs (c) and (d) of subsection 1 of NRS 482.325, paragraph (d) of subsection 1 of NRS 482.333 or paragraph (e) of subsection 1 of NRS 482.362:

             (1) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

 


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ê2013 Statutes of Nevada, Page 2872 (Chapter 477, SB 109)ê

 

      [(d)](2) For initial licensure, a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      [(e)](d) If the applicant is a natural person, the statement required pursuant to NRS 490.330.

      [(f)](e) A certificate of insurance for liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of his or her license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to NRS 490.330. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

      Sec. 8. NRS 490.270 is hereby amended to read as follows:

      490.270  1.  Except as otherwise provided in subsection 9 and NRS 490.280, before any off-highway vehicle dealer, long-term or short-term lessor or manufacturer is issued a license pursuant to this chapter, the Department shall require that the applicant procure and file with the Department a good and sufficient bond with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General and conditioned that the applicant or any employee who acts on the applicant’s behalf within the scope of his or her employment shall conduct his or her business as an off-highway vehicle dealer, long-term or short-term lessor or manufacturer without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation and without violation of the provisions of this chapter. The bond must be in the amount of $50,000.

      2.  The Department may, pursuant to a written agreement with any off-highway vehicle dealer, long-term or short-term lessor or manufacturer who has been licensed to do business in this State for at least 5 years, allow a reduction in the amount of the bond of the off-highway vehicle dealer, lessor or manufacturer if such business has been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to subsection 1.

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

      4.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by the representative or off-highway vehicle salesperson of any licensed off-highway vehicle dealer, long-term or short-term lessor or manufacturer who acts on behalf of the off-highway vehicle dealer, lessor or manufacturer and within the scope of the employment of the representative or off-highway vehicle salesperson.

 


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ê2013 Statutes of Nevada, Page 2873 (Chapter 477, SB 109)ê

 

long-term or short-term lessor or manufacturer who acts on behalf of the off-highway vehicle dealer, lessor or manufacturer and within the scope of the employment of the representative or off-highway vehicle salesperson.

      5.  The bond must provide that any person injured by the action of the off-highway vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway vehicle salesperson in violation of any provision of this chapter may apply to the Director, for good cause shown, for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      6.  If a person is injured by the actions of an off-highway vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway vehicle salesperson, the person may:

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

             (1) A judgment on the merits against the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson, the judgment is binding on the surety.

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

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

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

      7.  Any judgment entered by a court against an off-highway vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway vehicle salesperson may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the off-highway vehicle dealer, lessor, manufacturer, representative or off-highway vehicle salesperson.

      8.  The Department shall not issue a license pursuant to subsection 1 to an off-highway vehicle dealer, long-term or short-term lessor or manufacturer who does not have and maintain an established place of business in this State.

 


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ê2013 Statutes of Nevada, Page 2874 (Chapter 477, SB 109)ê

 

      9.  The provisions of this section do not apply to any off-highway vehicle dealer, long-term or short-term lessor or manufacturer who has met the requirements of NRS 482.3333, 482.345 or 482.346 with respect to:

      (a) A bond greater than or equal to the amount prescribed in subsection 1 if the undertaking on the bond includes the activities described in subsection 4; or

      (b) A deposit greater than or equal to the amount of the bond that would otherwise be required by subsection 1.

      Sec. 9. NRS 490.510 is hereby amended to read as follows:

      490.510  1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 490.150 to 490.520, inclusive, and sections 2 and 3 of this act or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

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

      Sec. 9.5.  Notwithstanding the amendatory provisions of section 4.5 of this act, a sticker or decal issued before July 1, 2013, for the registration of an off-highway vehicle remains valid for the period for which the sticker or decal is issued.

      Sec. 10.  This act becomes effective on July 1, 2013.

________

CHAPTER 478, SB 176

Senate Bill No. 176–Committee on Health and Human Services

 

CHAPTER 478

 

[Approved: June 11, 2013]

 

AN ACT relating to children; requiring an agency which provides child welfare services to determine whether certain reports concerning the possible abuse or neglect of a child are substantiated or unsubstantiated; setting forth that if such an agency substantiates a report alleging the person responsible for a child’s welfare has abused or neglected the child, the agency must notify that person in writing of its intent to place the person’s name in the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child, and that the person may administratively appeal the substantiation of the report; requiring the findings of fact in certain adjudicatory hearings to be included as part of the disposition of the case in the report required to be made to the Central Registry; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 2875 (Chapter 478, SB 176)ê

 

Legislative Counsel’s Digest:

      Existing law requires, with certain exceptions, an agency which provides child welfare services to investigate each report of abuse or neglect received or referred to the agency. (NRS 432B.300) Section 7 of this bill requires an agency which provides child welfare services to determine whether a report concerning the possible abuse or neglect of a child that the agency has determined warrants an investigation is substantiated or unsubstantiated. If the agency determines a report is substantiated, section 3 of this bill requires the agency to provide to the person responsible for the child’s welfare and who is named in the report as allegedly causing the abuse or neglect, written notification which includes statements indicating: (1) that the report which was made against the person has been substantiated and the agency intends to place the person’s name in the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child; (2) that the person has the right to request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry; and (3) the manner for requesting such an appeal.

      Section 4 of this bill sets forth the process for such an administrative appeal and provides that the appeal is stayed upon written notice to the agency of a pending adjudicatory hearing on a petition alleging that a child is in need of protection, which hearing arose out of the same incident as the report. Section 4 also sets forth the circumstances establishing a conclusive presumption that the substantiation of the report will be affirmed and the person’s name will be placed in the Central Registry.

      Existing law provides certain circumstances in which an investigation of child abuse or neglect is not warranted, including when the agency which provides child welfare services determines that the alleged act was the result of the reasonable exercise of discipline by a parent or guardian involving the use of corporal punishment. (NRS 432B.260) Section 6 of this bill removes the examples of spanking or paddling within that provision and further removes the requirement that the agency which provides child welfare services upon making such a determination remove all references of the matter from its records.

      Existing law requires the agency investigating a report of abuse or neglect of a child to report certain information to the Central Registry after completing the investigation, including the disposition of the case. (NRS 432B.310) Section 9 of this bill requires such an agency to include the findings of fact recorded by the court in certain adjudicatory hearings and certain specific allegations admitted to by the parties as part of the disposition of the case in the report the agency makes to the Central Registry.

      Existing law further prohibits an agency which provides child welfare services from reporting to the Central Registry any information concerning a child identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure, unless the agency determines that a person has abused or neglected the child. (NRS 432B.310) Section 8 of this bill specifies that such abuse or neglect of the child must have occurred after the child was born.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. “Central Registry” has the meaning ascribed to it in NRS 432.0999.

      Sec. 3. If an agency which provides child welfare services determines pursuant to NRS 432B.300 that a report made pursuant to NRS 432B.220 is substantiated, the agency shall provide written notification to the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child which includes statements indicating that:

 


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ê2013 Statutes of Nevada, Page 2876 (Chapter 478, SB 176)ê

 

is substantiated, the agency shall provide written notification to the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child which includes statements indicating that:

      1.  The report which was made against the person has been substantiated and the agency which provides child welfare services intends to place the person’s name in the Central Registry pursuant to NRS 432B.310; and

      2.  The person may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required pursuant to section 4 of this act.

      Sec. 4. 1.  A person to whom a written notification is sent pursuant to section 3 of this act may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within 15 days after the date on which the agency sent the written notification as required pursuant to section 3 of this act.

      2.  Except as otherwise provided in subsection 3, if an agency which provides child welfare services receives a request for an administrative appeal within 15 days after the agency sent the written notification pursuant to subsection 1, a hearing before a hearing officer must be held in accordance with chapter 233B of NRS.

      3.  An administrative appeal is stayed upon the receipt of written notification to the agency which provides child welfare services of a pending adjudicatory hearing pursuant to NRS 432B.530 which arose out of the same incident as the incident upon which the report made pursuant to NRS 432B.220 was premised. The stay of the administrative appeal is lifted when:

      (a) A final determination is made in the adjudicatory hearing; or

      (b) The adjudicatory hearing is dismissed or terminated if the adjudicatory hearing does not result in a final determination being made.

      4.  If a request for an administrative appeal is not submitted pursuant to subsection 1, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310.

      5.  If the hearing officer in a hearing that is held pursuant to this section:

      (a) Affirms the substantiation of the report, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 432B.310; or

      (b) Rejects the substantiation of the report, the agency which provides child welfare services shall not place the person’s name in the Central Registry pursuant to NRS 432B.310.

      6.  A conclusive presumption that the substantiation of the report will be affirmed and the person’s name will be placed in the Central Registry pursuant to NRS 432B.310 is established if there is a final determination in an adjudicatory hearing that the child was in need of protection.

      7.  The decision of a hearing officer in a hearing that is held pursuant to this section is a final decision for the purposes of judicial review.

 


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ê2013 Statutes of Nevada, Page 2877 (Chapter 478, SB 176)ê

 

      8.  As used in this section, “final determination in an adjudicatory hearing” means a finding made by a court pursuant to subsection 5 of NRS 432B.530 as to whether a child was in need of protection at the time of the removal of the child from the home that is based on the child being subjected to abuse or neglect by the person to whom a written notice was sent pursuant to section 3 of this act.

      Sec. 5. NRS 432B.010 is hereby amended to read as follows:

      432B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 432B.260 is hereby amended to read as follows:

      432B.260  1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.

      2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

      (a) The child is 5 years of age or younger;

      (b) There is a high risk of serious harm to the child;

      (c) The child has suffered a fatality; or

      (d) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.

      3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

      (a) The child is not in imminent danger of harm;

      (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens the immediate health or safety of the child;

      (c) The alleged abuse or neglect of the child or the alleged effect of prenatal illegal substance abuse on or the withdrawal symptoms resulting from any prenatal drug exposure of the newborn infant could be eliminated if the child and the family of the child are referred to or participate in social or health services offered in the community, or both; or

      (d) The agency determines that the:

             (1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment ; [, including, without limitation, spanking or paddling;] and

             (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

      4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

      5.  If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, and sections 2, 3 and 4 of this act, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency.

 


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ê2013 Statutes of Nevada, Page 2878 (Chapter 478, SB 176)ê

 

432B.400, inclusive, and sections 2, 3 and 4 of this act, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.

      6.  Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:

      (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or

      (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.

[Ê If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall delete all references to the matter from its records.]

      7.  If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or the family of the child pursuant to subsection 6, the agency shall require the person to notify the agency if the child or the family refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

      8.  [An] If an agency which provides child welfare services [that] determines pursuant to subsection 3 that an investigation is not warranted , the agency may, at any time, reverse that determination and initiate an investigation.

      9.  An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

      Sec. 7. NRS 432B.300 is hereby amended to read as follows:

      432B.300  [Except as otherwise provided in] If an agency which provides child welfare services determines that an investigation of a report concerning the possible abuse or neglect of a child is warranted pursuant to NRS 432B.260, [an agency which provides child welfare services shall investigate each report of abuse or neglect received or referred to it to] the agency shall determine [:

      1.] , without limitation:

      1.  The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children’s welfare and any other adult living or working in the same household or facility;

      2.  Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;

      3.  Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect regardless of whether or not there are any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;

 


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ê2013 Statutes of Nevada, Page 2879 (Chapter 478, SB 176)ê

 

any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;

      4.  If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if the child remains in the same environment; [and]

      5.  The treatment and services which appear necessary to help prevent further abuse or neglect and to improve the environment of the child and the ability of the person responsible for the child’s welfare to care adequately for the child [.] ; and

      6.  Whether the report concerning the possible abuse or neglect of a child is substantiated or unsubstantiated.

      Sec. 8. NRS 432B.310 is hereby amended to read as follows:

      432B.310  1.  Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:

      (a) Identifying and demographic information on the child alleged to be abused or neglected, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the abuse or neglect;

      (b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted, the severity of the injuries and, if applicable, any information concerning the death of the child; and

      (c) The disposition of the case.

      2.  An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child [.

      3.  As used in this section, “Central Registry” has the meaning ascribed to it in NRS 432.0999.] after the child was born.

      Sec. 9. NRS 432B.530 is hereby amended to read as follows:

      432B.530  1.  An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown or the hearing has been continued until a later date pursuant to NRS 432B.513.

      2.  At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.

      3.  In adjudicatory hearings, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.

      4.  The court may require the child to be present in court at the hearing.

      5.  If the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.

 


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ê2013 Statutes of Nevada, Page 2880 (Chapter 478, SB 176)ê

 

established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.

      6.  The findings of fact recorded by the court pursuant to subsection 5 and any specific allegations in the petition admitted to by the parties must be included as part of the disposition of the case in the report required to be made to the Central Registry pursuant to NRS 432B.310.

________

CHAPTER 479, SB 452

Senate Bill No. 452–Committee on Health and Human Services

 

CHAPTER 479

 

[Approved: June 11, 2013]

 

AN ACT relating to public welfare; allowing the Board of Trustees of the Fund for Hospital Care to Indigent Persons to commit money from the Fund to obtain higher rates of reimbursement for hospital care provided to recipients of Medicaid at certain hospitals; allowing the Board to further commit money from the Fund to satisfy the obligation of counties to pay certain matching funds for the nonfederal share of expenditures for certain persons who receive long-term care; revising provisions governing the payment by boards of county commissioners of certain amounts for the provision of care to indigent persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Fund for Hospital Care to Indigent Persons and requires that money in the Fund be used to reimburse or partially reimburse hospitals for certain unpaid charges for hospital care. (NRS 428.175) The Fund is administered by a Board of Trustees. (NRS 428.205) Section 2 of this bill allows the Board to enter into an agreement with the Division of Health Care Financing and Policy of the Department of Health and Human Services to transfer money from the Fund to the Division to be used to provide enhanced rates of reimbursement for hospital care provided to recipients of Medicaid or to make supplemental payments to the hospital for the provision of such hospital care through increased federal financial participation and to satisfy any portion of the obligation of a county to pay the nonfederal share of certain expenditures relating to long-term care. Once such an agreement is entered into and any enhanced rate of reimbursement or supplemental payments are approved by the Federal Government, the Board must continue to provide money pursuant to the agreement until the Federal Government approves reverting to the previous rate of reimbursement or payments.

      Section 3 of this bill creates the Hospital Assessment Account in the Fund for Hospital Care to Indigent Persons. If an agreement is entered into between the Board of Trustees of the Fund for Hospital Care to Indigent Persons and the Division of Health Care Financing and Policy pursuant to section 2, certain hospitals may be required to pay an annual assessment for deposit into the Account in an amount determined by the Board. Section 3 provides that any money remaining in the Account at the end of a fiscal year that has not been committed for expenditure is reimbursed to each hospital that paid an assessment in proportion to the amount paid by the hospital.

 

 


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ê2013 Statutes of Nevada, Page 2881 (Chapter 479, SB 452)ê

 

      Existing law requires the board of county commissioners of each county to establish a tax rate of at least 6 cents and not more than 10 cents on each $100 of assessed valuation for deposit into a fund for medical assistance to indigent persons. Existing law designates that the equivalent of 1 cent of the amount collected is to be remitted to the State Controller and credited to the Supplemental Account for Medical Assistance to Indigent Persons. (NRS 428.285) Section 7 of this bill instead requires that money to be credited to the Intergovernmental Transfer Account in the State General Fund.

      Existing law requires certain hospitals to provide a certain amount of free care to indigent inpatients. If the hospital does not meet its obligation, the hospital must pay an assessment in an amount determined by the Director of the Department of Health and Human Services. The assessment is paid to the county in which the hospital is located and is used to pay other hospitals in the county for the treatment of indigent inpatients by those hospitals. (NRS 439B.340) Section 9 of this bill removes the specific limitation on the use of the money collected from assessments. In addition, section 7 requires the board of county commissioners of each county to remit to the State Controller for credit to the Supplemental Account for Medical Assistance to Indigent Persons an amount equal to the amount collected from hospitals as assessments to meet their obligation to provide free care.

      Existing law requires the board of county commissioners of each county to include in its final budget each year an allocation of money for medical assistance to indigent persons. Section 8 of this bill instead makes the allocation apply to any assistance to indigent persons. In addition, section 8 allows the board of county commissioners in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to allocate money from its fund for medical assistance to indigent persons to make an intergovernmental transfer of money to the Division of Health Care Financing and Policy.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The Board of Trustees of the Fund for Hospital Care to Indigent Persons may enter into an agreement with the Division of Health Care Financing and Policy of the Department of Health and Human Services whereby:

      (a) The Board agrees to transfer an agreed upon amount of money each year from the Fund to the Division;

      (b) The Division agrees to use the money so transferred to include in the State Plan for Medicaid an enhanced rate of reimbursement for hospital care provided to recipients of Medicaid or to make supplemental payments to the hospital for the provision of such hospital care through increased federal financial participation and to satisfy any portion of the obligation of a county to pay the nonfederal share of expenditures pursuant to NRS 422.272;

      (c) The Division agrees to return any money transferred to the Division pursuant to the agreement if the Federal Government does not approve the enhanced rate of reimbursement or supplemental payments included in the State Plan;

      (d) The Board agrees to continue to transfer not less than the same amount of money as the previous year if the State Plan is approved by the Federal Government until the Board has requested the Division to exclude the enhanced rate of reimbursement or supplemental payments from the State Plan and the Federal Government approves the State Plan without such enhanced rates or supplemental payments; and

 


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ê2013 Statutes of Nevada, Page 2882 (Chapter 479, SB 452)ê

 

the enhanced rate of reimbursement or supplemental payments from the State Plan and the Federal Government approves the State Plan without such enhanced rates or supplemental payments; and

      (e) The Division agrees to exclude the enhanced rate of reimbursement or supplemental payments from the State Plan when it is next submitted to the Federal Government for approval if so requested by the Board.

      2.  Any money transferred from the Fund to the Division pursuant to this section must not be used to replace or supplant funding available from other sources for the same purpose.

      Sec. 3. 1.  The Hospital Assessment Account, to be administered by the Board, is hereby created in the Fund. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.

      2.  If an agreement is entered into pursuant to section 2 of this act, each hospital in this State, other than a hospital certified as a critical access hospital by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, may be required by the Board to pay an annual assessment for deposit into the Account in an amount determined by the Board to be adequate to provide reimbursement or partial reimbursement to hospitals for uncompensated hospital care based upon the amount paid from the Account during the immediately preceding year.

      3.  Any money remaining in the Account at the end of a fiscal year that has not been committed for expenditure must be reimbursed to each hospital that paid an assessment pursuant to this section for that fiscal year in an amount proportional to the amount of the assessment paid by the hospital compared to the total amount of assessments collected.

      4.  Any assessments required pursuant to this section must be paid at such times as are established by the Board and must be deposited with the State Treasurer for credit to the Account.

      Sec. 4. NRS 428.115 is hereby amended to read as follows:

      428.115  As used in NRS 428.115 to 428.255, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 428.125 to 428.165, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 428.175 is hereby amended to read as follows:

      428.175  1.  The Fund for Hospital Care to Indigent Persons is hereby created as a special revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive [.] , and sections 2 and 3 of this act.

      2.  Except as otherwise provided in subsection 3, money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and sections 2 and 3 of this act and the interest earned on the money in the Fund must be deposited for credit to the Fund.

      3.  Any money paid by a county pursuant to NRS 428.255 must be accounted for separately in the Fund and must be used to reimburse or partially reimburse a hospital for unpaid charges for hospital care pursuant to NRS 428.115 to 428.255, inclusive, and sections 2 and 3 of this act as other claims against the Fund are paid.

      4.  Claims against the Fund must be paid on claims approved by the Board.

 


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      Sec. 6. NRS 428.205 is hereby amended to read as follows:

      428.205  The Board shall administer the Fund and for that purpose may:

      1.  Enter into all necessary contracts and agreements.

      2.  Purchase appropriate insurance to cover that portion of a claim for which the Fund is liable and which exceeds an amount agreed upon by the Board and the insurer.

      3.  Employ personnel as necessary and prescribe their compensation and working conditions.

      4.  Enter into agreements [with the Department of Administration] to obtain the services of consultants, attorneys, auditors, accountants, actuaries and managers of risk.

      5.  Rent, lease, purchase or otherwise procure or receive real or personal property.

      6.  Adopt regulations necessary for carrying out the provisions of NRS 428.115 to 428.255, inclusive [.] , and sections 2 and 3 of this act.

      Sec. 7. NRS 428.285 is hereby amended to read as follows:

      428.285  1.  The board of county commissioners of each county shall establish a tax rate of at least 6 cents on each $100 of assessed valuation for the purposes of the tax imposed pursuant to subsection 2. A board of county commissioners may increase the rate to not more than 10 cents on each $100 of assessed valuation.

      2.  In addition to the levies provided in NRS 428.050 and 428.185 and any tax levied pursuant to NRS 450.425, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

      3.  For each fiscal year beginning on or after July 1, 1989, the board of county commissioners of each county shall remit to the State Controller from the money in the fund an amount of money equivalent to 1 cent on each $100 of assessed valuation of all taxable property in the county for credit to the [Supplemental] Intergovernmental Transfer Account [.] in the State General Fund.

      4.  Not later than January 1, 2014, and not later than January 1 of each year thereafter, the board of county commissioners of each county shall remit to the State Controller an amount equal to the amount collected by the board of county commissioners pursuant to NRS 439B.340 for the previous fiscal year for credit to the Supplemental Account.

      5.  The tax so levied and its proceeds must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

      Sec. 8. NRS 428.295 is hereby amended to read as follows:

      428.295  1.  For each fiscal year the board of county commissioners shall, in the preparation of its final budget, allocate money for [medical] assistance to indigents pursuant to this chapter.

      2.  In a county whose population is less than 700,000, the amount allocated must be calculated by multiplying the amount allocated for that purpose for the previous fiscal year by 104.5 percent.

      3.  In a county whose population is 100,000 or more, the board of county commissioners may allocate money from its fund for medical assistance to indigent persons to make an intergovernmental transfer of money to the Division of Health Care Financing and Policy of the Department of Health and Human Services in accordance with the regulations adopted pursuant to NRS 422.390.

 


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money to the Division of Health Care Financing and Policy of the Department of Health and Human Services in accordance with the regulations adopted pursuant to NRS 422.390.

      4.  When, during any fiscal year, the amount of money expended by the county for any program of medical assistance for those persons eligible pursuant to this chapter exceeds the amount allocated for that purpose in its budget, the board of county commissioners shall, to the extent that money is available in the fund, pay claims against the county from the fund for that purpose.

      Sec. 9. NRS 439B.340 is hereby amended to read as follows:

      439B.340  1.  Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the Department a report showing:

      (a) The total number of inpatients treated by each such hospital who are claimed by the hospital to be indigent;

      (b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;

      (c) The total amount paid to each such hospital for treatment of such patients; and

      (d) The amount the hospital would have received for patients for whom no reimbursement was provided.

      2.  The Director shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:

      (a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the Department pursuant to subsection 4 of NRS 428.030, the Director shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the Director shall determine the number based upon the report submitted pursuant to subsection 1.

      (b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment.

      (c) Adding the products of the calculations made pursuant to paragraphs (a) and (b) for all treatment provided.

Ê If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the Director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. If a decision of a county regarding the indigent status of one or more inpatients is pending appeal before the Director or upon receiving satisfactory proof from a hospital that the decision is pending appeal before a court having general jurisdiction in the county pursuant to subsection 4 of NRS 439B.330, the Director shall defer assessing the hospital the amount that may be offset by the determination on appeal until a final determination of the matter is made.

      3.  If the Director determines that a hospital has met its obligation to provide treatment to indigent inpatients, the Director shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the Director.

 


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treating indigent inpatients until the certification is received from the Director. The county shall pay the hospital for such treatment within 30 days after receipt of the certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.

      4.  The Director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice, except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:

      (a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and

      (b) Any court costs and fees required by the Director to obtain payment of the assessment and interest from the hospital.

      5.  Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located . [for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals.] The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.

      Sec. 10.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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

________

CHAPTER 480, SB 502

Senate Bill No. 502–Committee on Health and Human Services

 

CHAPTER 480

 

[Approved: June 11, 2013]

 

AN ACT relating to public health; authorizing the Health Division of the Department of Health and Human Services to establish an Internet website for certain entities to conduct required background investigations; revising provisions relating to the licensing of certain medical and other related health facilities; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires certain entities to conduct a background investigation of the criminal and personal history of certain persons. (NRS 62B.270, 424.031, 424.039, 427A.701, 427A.735, 432.100, 432A.170, 432A.175, 432B.391, 432B.625, 433B.183, 435B.235, 435.335, 449.122, 449.123) Section 2 of this bill authorizes the Health Division of the Department of Health and Human Services to establish an Internet website for use by these entities in conducting the required investigations. Section 3 of this bill describes the information that may be obtained from a search of the Internet website. Section 3.5 of this bill authorizes a person who has access to the Internet website to enter and manage information on the Internet website.

 


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Internet website to enter and manage information on the Internet website. Section 4 of this bill allows the Health Division to enter into cooperative agreements to obtain and accept information for inclusion on the Internet website. Section 5 of this bill describes information that may be collected, maintained and stored on the Internet website. Section 6 of this bill requires the Health Division to limit access to information on the Internet website to information that is necessary for the particular client using the website to conduct an investigation. Section 7 of this bill authorizes the Health Division to adopt regulations to establish a fee for use of the Internet website and to carry out the provisions relating to the Internet website.

      Existing law requires investigations of applicants for a license to operate certain facilities, agencies or homes and investigations of employees or independent contractors of certain agencies, facilities or homes. (NRS 449.122, 449.123) Section 10 of this bill provides certain requirements relating to employees of a temporary employment service. Sections 9 and 13-16 of this bill add certain facilities, agencies, homes and programs which are required to be investigated and to conduct investigations of their employees, employees from a temporary employment service and independent contractors. Sections 14-16 require employees of a temporary employment service which provide services to such entities to be subject to such investigations.

      Section 14 also requires such entities to use the Internet website of the Health Division, if established pursuant to section 2, as part of the investigation of employees, employees of a temporary employment service and independent contractors. Section 14 also revises the procedure for conducting background investigations and exempts certain persons from the criminal background investigation if an investigation has been conducted within the immediately preceding 5 years.

      Section 15 requires the entities which are required to conduct background investigations to maintain a current list of its employees, employees from a temporary employment service and independent contractors on the Internet website established pursuant to section 2. Section 15 also authorizes the Central Repository for Nevada Records of Criminal History to maintain electronic images of fingerprints for the purpose of notifying those entities and the Health Division if an employee, employee of a temporary employment service or independent contractor has been convicted of certain crimes.

      Under existing law a license to operate certain facilities, homes or agencies may be denied, suspended or revoked if an applicant or a licensee has been convicted of certain crimes. (NRS 449.174) Section 17 of this bill adds certain other facilities, hospitals, agencies, homes and programs to this provision. Section 17 also adds battery with the intent to kill or commit sexual assault or mayhem to the list of crimes, a conviction of which may result in the denial, suspension or revocation of a license to operate such an entity.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 7, inclusive, of this act.

      Sec. 2. 1.  The Health Division may establish a secure Internet website which makes certain information available for a website client to conduct an investigation into the background and personal history of a person that is required pursuant to the provisions of this chapter or chapter 62B, 63, 424, 427A, 432, 432A, 432B, 433, 433B, 435 or 449 of NRS.

      2.  To become a website client, a person or governmental entity must:

 


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      (a) Create an account on the Internet website;

      (b) Comply with sections 2 to 7, inclusive, of this act and any regulations adopted pursuant thereto governing use of the Internet website; and

      (c) Designate a website client administrator who is responsible for:

             (1) Determining the persons who are authorized to use the Internet website;

             (2) Providing the Health Division with the names of the persons who are authorized to use the Internet website;

             (3) Ensuring that only those authorized persons have access to the Internet website; and

             (4) Notifying the Health Division of any change in the persons who are authorized to use the Internet website.

      3.  Authorized employees of the Health Division and of the Department of Public Safety may be designated to serve as administrators of the Internet website with access to all the data and information on the Internet website.

      4.  Except as otherwise provided in this section and NRS 239.0115, information collected, maintained, stored, backed up or on file on the Internet website is confidential, not subject to subpoena or discovery and is not subject to inspection by the general public.

      5.  The Health Division shall ensure that any information collected, maintained and stored on the Internet website is protected adequately from fire, theft, loss, destruction, other hazards and unauthorized access, and is backed-up in a manner that ensures proper confidentiality and security.

      6.  The Internet website must be maintained in accordance with any requirements of the Division of Enterprise Information Technology Services of the Department of Administration established for use of the equipment or services of the Division pursuant to NRS 242.181.

      Sec. 3. 1.  A person authorized to use the Internet website established pursuant to section 2 of this act may access the website to search for information necessary to conduct an investigation of the background and personal history of a person when required. Such a search may include, without limitation, to the extent that the information is available:

      (a) Determining whether the person being investigated has been convicted of a crime that disqualifies the person for employment, licensure or other privilege sought;

      (b) Verifying the social security number, date of birth and driver’s license or identification card number of the person being investigated;

      (c) Determining whether any disciplinary action has been taken by a professional licensing board against the person being investigated; and

      (d) Determining whether the person being investigated is included on the list of individuals who are excluded from participation in Medicare, Medicaid and other federal health care programs pursuant to 42 U.S.C. §§ 1320a-7 et seq.

      2.  The Internet website established pursuant to section 2 of this act may include, without limitation, any relevant information that is available to the public, including, without limitation, hyperlinks to relevant publicly available Internet websites and registries, forms and educational materials.

      Sec. 3.5. A person authorized to use the Internet website established pursuant to section 2 of this act may access the website to:

 


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      1.  Enter any required information;

      2.  Manage the information to which the person has access; and

      3.  Manage the account of the person.

      Sec. 4. The Health Division may enter into cooperative agreements to obtain and accept information for inclusion on the Internet website established pursuant to section 2 of this act from:

      1.  The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 and any similar registry maintained by a governmental entity of any state or territory within the United States;

      2.  The Central Repository for Nevada Records of Criminal History or any similar repository maintained by a government agency of any state or territory within the United States; and

      3.  Any other state or federal agency which maintains a database, repository or registry which contains information the Health Division determines is necessary or appropriate for inclusion on the Internet website.

      Sec. 5. 1.  In addition to any other information included on the Internet website established pursuant to section 2 of this act, the Health Division may collect, maintain and store on the Internet website the following information relating to the background and personal history of a person:

      (a) The first, middle and last name of the person, any aliases used by the person and, if available, a photograph of the person;

      (b) The social security number, date of birth and, if available, the driver’s license or identification card number of the person;

      (c) Information regarding the criminal convictions of the person, if any;

      (d) Any other information submitted pursuant to section 4 of this act; and

      (e) Any other information determined by the Health Division to be necessary or appropriate.

      2.  The information described in subsection 1 may be collected, stored and maintained electronically, in hard copy, in a database, through a secure interface from a state or federal governmental entity directly to the Internet website, or by any other means as the Health Division determines necessary or appropriate.

      Sec. 6. 1.  When establishing permissions for a website client to access information on the Internet website established pursuant to section 2 of this act, the Health Division shall determine the information necessary for the website client to conduct an investigation into the background and personal history of a person and limit access to the website client to only the information necessary for that website client.

      2.  Information regarding a person whose background and personal history is investigated must not be shared with any other website client.

      3.  A person who is authorized to use the Internet website by the website client administrator pursuant to section 2 of this act may be given permission to access any information deemed necessary pursuant to subsection 1.

      Sec. 7. The Health Division may adopt regulations to:

      1.  Prescribe a fee to be imposed on website clients for use of the Internet website established pursuant to section 2 of this act; and

 


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      2.  Carry out the provisions of sections 2 to 7, inclusive, of this act.

      Sec. 8. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

      Sec. 9. As used in NRS 449.121 to 449.125, inclusive, and sections 9 and 10 of this act, “facility, hospital, agency, program or home” means an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.

      Sec. 10. 1.  A temporary employment service shall not send an employee to provide services to a facility, hospital, agency, program or home if the temporary employment service has received notice from a facility, hospital, agency, program or home that the employee of the temporary employment service is ineligible to provide such services.

      2.  A facility, hospital, agency, program or home that enters into an agreement with a temporary employment service to provide services for the facility, hospital, agency, program or home on a temporary basis must require the temporary employment service to:

      (a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the facility, hospital, agency, program or home has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449.123; and

      (b) Notify the facility, hospital, agency, program or home if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449.123 has not been conducted within the immediately preceding 5 years.

      Sec. 11. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.030 to 449.240, inclusive, and sections 9 and 10 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Health Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.030 to 449.240, inclusive, and sections 9 and 10 of this act or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a residential facility for groups , a program of hospice care, [or] a home for individual residential care , a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(

 


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ê2013 Statutes of Nevada, Page 2890 (Chapter 480, SB 502)ê

 

residential facility for groups , a program of hospice care, [or] a home for individual residential care , a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency , program or home is in compliance with the provisions of NRS 449.121 to 449.125, inclusive, and sections 9 and 10 of this act, and 449.174.

      3.  Each reapplication for an agency to provide personal care services in the home, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency or home are in compliance with the provisions of NRS 449.093.

      Sec. 12. NRS 449.121 is hereby amended to read as follows:

      449.121  1.  Except as otherwise provided in subsection 2, the provisions of NRS 449.122 to 449.125, inclusive, and sections 9 and 10 of this act and 449.174 do not apply to any facility for the treatment of abuse of alcohol or drugs.

      2.  A facility for the treatment of abuse of alcohol or drugs must comply with the requirements of NRS 449.122 to 449.125, inclusive, and sections 9 and 10 of this act and 449.174 if the facility for the treatment of abuse of alcohol or drugs provides residential services to children.

      Sec. 13. NRS 449.122 is hereby amended to read as follows:

      449.122  1.  Each applicant for a license to operate a facility [for intermediate care, facility for skilled nursing, residential facility for groups, agency to provide personal care services in the home or home for individual residential care or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs] , hospital, agency, program or home shall submit to the Central Repository for Nevada Records of Criminal History [two] one complete [sets] set of fingerprints for submission to the Federal Bureau of Investigation for its report.

      2.  The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.174 and immediately inform the administrator of the facility, hospital, agency , program or home, if any, and the Health Division of whether the applicant has been convicted of such a crime.

      3.  A person who holds a license to operate [an agency, a facility or a] a facility, hospital, agency, program or home which provides residential services to children shall submit to the Central Repository for Nevada Records of Criminal History [two] one complete [sets] set of fingerprints for a report required by this section at least once every 5 years after the initial investigation.

      Sec. 14. NRS 449.123 is hereby amended to read as follows:

      449.123  1.  Except as otherwise provided in [subsection] subsections 2 [,] and 3, within 10 days after hiring an employee , accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate [, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups or a home for individual residential care or, if residential services are provided to children, a medical facility or a facility for the treatment of abuse of alcohol or drugs] a facility, hospital, agency, program or home shall:

 


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independent contractor, the administrator of